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Agenda packet, regular meeting

San Mateo City Council
October 16, 2023

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Agenda packet, regular meeting
Meeting
October 16, 2023
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San Mateo City Council
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Text extracted from the city's file for reading and search. Open the original on sanmateo.primegov.com. That file is the official record.

CITY OF SAN MATEO
City Council Regular Meeting
October 16, 2023
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Amourence Lee
Lisa Diaz Nash
Robert Newsom Jr.

Adam Loraine
Rich Hedges

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:

October 16, 2023 Zoom Meeting
To join via telephone: (408) 638-0968
Webinar ID: 865 4669 0248 Passcode: 330155
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. Chris Eckert – Title Sponsor Music in the Park – Proclamation

2. Domestic Violence Awareness Month – Proclamation

3. Fire Prevention Week – 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 September 18, 2023 and October 2, 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. Park and Recreation Commission - Eligibility List Appointments Fill two vacancies on the Park and Recreation Commission with appointments from the established eligibility list as follows: Regina Trapp to a partial term ending June 10, 2027 and Peter Wicher to a partial term ending June 10, 2026.

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CEQA: This appointment 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. City Manager’s Office and Community Development Department – Classification and Job Specification Updates Adopt a Resolution to approve the 1) revisions to the job specifications for the classifications of Assistant City Manager, Senior Code Enforcement, Senior Planner and Plan Check Supervisor; 2) movement of the vacant Communications and Public Relations Analyst position in Public Works Department to the City Manager’s Office; and 3) reallocation of the vacant Development Review Technician I-II to a Senior Development Review Technician.

CEQA: These classification updates and 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).)

7. Benefits Broker Services – Agreement
Approve an agreement with Keenan and Associates for benefits broker services for a term beginning November 1, 2023 through October 31, 2028, in the cumulative amount of $160,000, and authorize Human Resources Director to execute the agreement in substantially the form presented.

CEQA: This agreement 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.)

8. Main Library Interior Painting Phase 1 – Contract
Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. to paint the Main Library in the amount of $435,648.48; establish a contingency reserve in the amount of $14,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

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

9. Beresford Tennis Court Resurfacing – Appropriation and Construction Contract Adopt a Resolution to appropriate $180,000 from the Capital Project Fund reserve to fund the Beresford Tennis Court Resurfacing project; approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $160,193.67; establish a contingency reserve in the amount of $16,000 for a total amount not to exceed $176,193.67; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

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

10. Clean Water Program – Program Management Amendment
Approve Amendment No. 9 to the agreement with CH2M Hill Engineers, Inc. to authorize scope and funding for the tenth year of program management services for the Clean Water Program; authorize payment in an amount not to exceed $7,447,151; establish a contingency amount of $1,487,000; amend the term to extend through

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June 30, 2026; and authorize the Public Works Director to execute this amendment and task amendments within the contingency amount in substantially the form presented.

CEQA: Council approval of Amendment No. 9 to the Agreement between the City and CH2M is exempt from CEQA review because entering into a professional services agreement amendment for continued program management can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment. (CEQA Guidelines section 15061(b)(3).)

11. Utility Truck Purchases – Purchase Contracts
Adopt a Resolution to approve an alternative purchasing procedure to award two (2) contracts to Mission Valley Ford Truck Sales, Inc. for the purchase of two (2) new 2023 Ford F350 utility trucks in a total amount not to exceed $158,999.19; to award a contract to Salinas Valley Ford Truck Sales, Inc. for the purchase of two (2) new 2023 Ford F350 utility trucks in a total amount not to exceed $155,781.69; establish a contingency reserve of $15,000.00 for each supplier; and authorize the Public Works Director to execute the purchase contract in substantially the form presented and issue change orders within the contingency amounts.

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

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.

12. Community Flood and Storm Protection Fee Public Hearing and Potential Mail Balloting Conduct a public hearing, and if there is a determination that a majority protest does not exist, adopt a Resolution directing Staff to conduct a ballot proceeding for the proposed Community Flood and Storm Protection Fee, a property-related fee conforming to Article XIII D, Section 6 of the California Constitution.

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).)

OLD BUSINESS

13. Draft General Plan 2040 – Circulation; Public Services and Facilities; and Safety Elements Receive an informational overview of the Draft General Plan 2040, take public comments and provide direction on Circulation Element, Public Services and Facilities Element, and Safety Element.

CEQA: In accordance with Public Resources Code section 21065, the City Council’s direction on Draft General Plan 2040 is not a project subject to CEQA because it can be seen with certainty that this activity will not cause a physical change in the environment. The Draft Environmental Impact Report (DEIR) for the General Plan Update was published on August 11, 2023. The DEIR 45-day public comment started on August 11, 2023 and ended on

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September 25, 2023. A Final EIR will be prepared and presented to the City Council for certification prior to any formal decisions on General Plan 2040.

14. Citywide Complete Streets Plan – Update
Receive an update on the San Mateo Citywide Complete Streets Plan and provide feedback.

CEQA: This project update is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) An environmental analysis of the final Complete Streets Plan will be completed prior to adoption.

NEW BUSINESS

15. City Manager, City Attorney, Department Head and Deputy Director Compensation Plan – Amendment Adopt a Resolution to amend the Compensation Plan to include salary increases for Assistant City Manager, effective October 29, 2023.

CEQA: This action 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).)

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.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-8068 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 16, 2023
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of September 18, 2023 and October 2, 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 2023-09-18 Special
Att 2 – Minutes 2023-09-18 Regular
Att 3 – Minutes 2023-10-02 Special
Att 4 – Minutes 2023-10-02 Regular

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

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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

September 18, 2023
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Lee, Council Members: Hedges, Loraine and Newsom Deputy Mayor Diaz Nash teleconferenced from: the Sheraton Hanoi Hotel, K5 Nghi Tam, 11 Xuan Dieu Road, Tay Ho District Hanoi, Vietnam

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

1. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Stacey Cue, Teresa Abrahamsohn, Karen Huang, and Yumi Maeda Employee Organization: San Mateo Safety Management Association

2. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Amitava Biswas v. City of San Mateo, San Mateo Superior Court Case No.: 23-CIV-04046 The City Council reconvened into open session at 6:41 p.m.

STUDY SESSION

3. Boards and Commissions – 2023 Demography Study
The meeting adjourned at 6:50 p.m. to convene the Regular Meeting. This special meeting reconvened at 7:58 p.m. to Study Session Item #3.

Martin McTaggart, Deputy City Clerk, provided a presentation reviewing the 2023 Commissioner Demography Study results. Council asked questions of staff.

Public Comment – Owen Day stated his support of increasing diversity on boards & commissions, especially socio- economically.

Council provided feedback on the survey results, expressed their concerns, and gave suggestions, including capturing greater demographic information from applicants, raising the profile of the work performed by Boards and Commissions, and partnering with community organizations. City Clerk’s Office staff will review all suggestions provided by Council for feasibility of implementation.

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ADJOURNMENT –The meeting adjourned at 9:07 p.m.

APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Patrice Olds, City Clerk

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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
September 18, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Pledge of Allegiance
Roll Call

Present: Mayor Lee, Council Members: Hedges, Loraine and Newsom Deputy Mayor Diaz Nash teleconferenced from: the Sheraton Hanoi Hotel, K5 Nghi Tam, 11 Xuan Dieu Road, Tay Ho District Hanoi, Vietnam

CEREMONIAL

1. Fish Market Day – Proclamation - Simon Johnson, General Manager, received the proclamation.

2. Home Maintenance Awards - Thomas Morgan, San Mateo United President, gave a presentation and certificates were presented.

CONSENT CALENDAR
The following items, 3 through 5, 7 through 8, and 10 through 19, were considered to be routine by the City Council. Item 6 was removed to be considered separately. Item 9 was pulled by staff for future consideration. 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

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

4. Tobacco Retailer Permit Amendments – Ordinance Adoption Adopt an Ordinance to amend San Mateo Municipal Code Chapter 7.41 "Tobacco Retailer Permit" to consolidate and clarify existing definitions and enact additional requirements for tobacco retailer permits.

Enactment: Ordinance No. 2023-07

5. Zoning Code Amendment for Planning Application Extensions – Ordinance Adoption Adopt an Ordinance to amend the San Mateo Municipal Code Chapter 27.08.087 “Planning Approval Extension” to allow for extensions of approved planning applications for up to two years; and determine the amendment is exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3).

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Enactment: Ordinance No. 2023-08

7. Wastewater Treatment Plant: Grit, Rag, and Scum Hauling and Disposal – Agreement Approve an agreement to Compactor Management Company, LLC for Wastewater Treatment Plant grit, rag, and scum hauling and disposal in the amount of $156,100; establish a contingency reserve of $15,610; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency reserve.

8. Central Park Tennis Court Garage Structural Improvements – Contract Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. for structural improvements to the Central Park Tennis Court Garage in the amount of $241,870.66; establish a contingency reserve in the amount of $25,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

Enactment: Resolution No. 99 (2023)

10. 41st Ave/Pacific Blvd Trash Capture Project – Agreement and Appropriation Adopt a Resolution to approve a cooperative agreement with Caltrans; accept and appropriate funding from Caltrans in the amount of $630,000 for the design and construction of the 41st Ave/Pacific Blvd Trash Capture Project; and authorize the Public Works Director to execute the agreement in substantially the form presented.

Enactment: Resolution No. 100 (2023)

11. Deferred Compensation Program – Agreement
Approve two agreements with Voya Retirement Insurance and Annuity Company Plan for Retiree Health Reimbursements Services at no additional cost.

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

13. Liquidambar Street Tree Pruning – Agreement
Approve an agreement with Arboricultural Specialties, Inc., dba Professional Tree Care Co., for Liquidambar Street Tree Pruning in the amount of $167,960.00; authorize a 10% contingency of $16,796.00, for a total amount not to exceed $184,756; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

14. San Mateo County Gang Intelligence Unit – Agreement Approve an agreement with the County of San Mateo to assign one San Mateo Police Sergeant to the San Mateo County Gang Intelligence Unit for a reimbursement amount not to exceed $120,000 for the 2024 Fiscal Year; and authorize the Chief of Police to execute the agreement in substantially the form presented.

15. Community Wellness and Crisis Response Team Mental Health Partnership – Agreement Adopt a Resolution to appropriate $40,890 to the Police Department’s fiscal year 2023-2024 operating budget; approve an agreement with the County of San Mateo and City of Foster City for provision of shared mental health crisis response services in an estimated amount of $104,065; and authorize the Chief of Police to execute the agreement in substantially the form presented.

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Enactment: Resolution No. 101 (2023)

16. 2022-23 Consolidated Annual Performance and Evaluation Report – Adoption Adopt the Consolidated Annual Performance and Evaluation Report for submission to the Department of Housing and Urban Development.

17. Collaborative Solutions, LLC Enterprise Planning System Implementation Services and Workday Delivery Assurance – Supplemental Budget Appropriation and Change Orders
Adopt a Resolution to approve a supplemental budget appropriation of $780,580 of unassigned fund balance from the Equipment Replacement Fund to increase the budget for the Enterprise Resource Planning Software Project; approve Change Order No. 5 and Change Order No. 6 to the master services agreement with Collaborative Solutions, LLC for enterprise resource planning system implementation services in the amount of $760,900, for a new agreement total of $4,142,665; approve a Change Order to the master subscription agreement with Workday, Inc. for delivery assurance services in the amount of $19,680 for a new agreement total of $152,755; and authorize the City Manager to execute the Change Orders.

Enactment: Resolution No. 102 (2023)

18. South Bayside Waste Management Authority’s Acquisition of Real Property - Approval Adopt a Resolution approving South Bayside Waste Management Authority’s purchase of real property located at 1245 San Carlos Avenue, Suite E, San Carlos, California, to be utilized as SBWMA’s administrative offices.

Enactment: Resolution No. 103 (2023)

19. Delegate Authority to the City Attorney to Settle Claims and Litigation – Approval Adopt a Resolution to increase delegated authority to the City Attorney to settle claims and litigation, and to the City Attorney and City Manager to jointly settle workers’ compensation claims and litigation, both from $30,000 to $50,000.

Enactment: Resolution No. 104 (2023)

END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR

6. Delaware Safe Routes to School Corridor – Grant Funding Acceptance Council Member Rich Hedges pulled this item to ask a question. Interim Public Works Director Brad Underwood stated they will need to do further research. Public Comment – there were no speakers.

The City Manager announced this item would be brought back with additional information at a future meeting. No action was taken at this time.

9. Transit Center Restroom Remodel Project – Appropriation and Contract This item was removed by staff for future consideration. No action was taken.

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PUBLIC COMMENT –
Irena Mavridis and Maria Mavridis commented on the small cell approval process. Yiwei Tang stated her concern with higher radiation from small cell outside her son’s window. Thomas Morgan is concerned about 2000 S. Delaware. Diana Rios-Dominguez is concerned with 5G towers and encouraged to not installed them. Maryanne Pauliv is concerned that 5 g. small wireless are deadly and do not put where people live. Diane Whitaker commented on the home maintenance awards indicating an interest in older homes. Henry encouraged the need to stand up to the wireless industry, pass protective wireless ordinances, put in industrial commercial zones and cited court case supporting this. Jordan Grimes wants better cell service; we can do a better job of educating on the environment.

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

ADJOURNMENT –The meeting adjourned at 7:58 p.m. to reconvene the continuation of the special meeting at 7:59 p.m.

APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Patrice Olds, City Clerk

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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

October 2, 2023
City Hall Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER at 6:00 p.m.

Roll Call

Present: Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine and Newsom Excused: Mayor Lee, representing San Mateo in Toyonaka, Japan for the 60 th anniversary of the Sister City Relationship

STUDY SESSION

1. Commercial Cannabis Ordinance and Permit Options – Discussion City Manager Alex Kohjikian outlined the purpose of considering a cannabis ordinance. Katie Wysong, Graduate Student Intern, presented background information on the history of considering cannabis in San Mateo and stated the presentation will focus on retail storefronts and delivery retail. Council asked questions of staff.

Public Comment – there were no speakers.

Council consensus was to take a wait and see approach and collect additional data. City Manager Kohijikian recommended to allow for time to get a robust data sampling, the item could be brought back in calendar year 2025 for Council consideration.

ADJOURNMENT –The meeting adjourned at 6:32 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Deputy Mayor Patrice Olds, City Clerk

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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
October 2, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Pledge of Allegiance
Roll Call

Present: Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine and Newsom Excused: Mayor Lee, representing San Mateo in Toyonaka, Japan for the 60 th anniversary of the Sister City Relationship

CEREMONIAL

1. Breast Cancer Awareness Month – Proclamation, San Mateo Police Chief Ed Barberini received the proclamation.

CONSENT CALENDAR
The following items, 2 through 7, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were two speakers: Diana Petit and Dave Cohen, Ethics San Mateo, commented on item #7, indicating they would like the problem on Humboldt fixed before anything else moves ahead on that project. Motion passed 4-0.

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

2. Grand Jury Report: "Bike Safety in San Mateo County - Making Bicycling Safer in the County" – Response Letter Approve a letter responding to the July 10, 2023, San Mateo County Civil Grand Jury report entitled, “Bike Safety in San Mateo County - Making Bicycling Safer in the County” and authorize the Mayor to sign and send the letter on behalf of the City Council.

3. Bermuda Drive Bridge Replacement Project – Amendment Approve Amendment No. 2 with Biggs Cardosa Associates, Inc. for professional design and environmental services for the Bermuda Drive Bridge Replacement Project in an amount not to exceed $381,000 for a total agreement amount of $1,032,874; increase the contingency reserve by $120,000 for a total contingency amount of $150,000; extend the term of the Agreement by one year; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

4. Edward Byrne 2023 Justice Assistance Grant Program – Application Adopt a Resolution to approve the submittal of an application to the United States Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant Program for the 2023 local solicitation in the amount of $22,713; and if awarded, appropriate funds to the Police Grants Budget Program and authorize the Chief of Police to execute all required documents.

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Enactment: Resolution No. 105 (2023)

5. Private Development and Right-of-Way Support Services – Amendment Approve Amendment No. 1 to the professional consultant services agreement with CSG Consultants, Inc. for private development and right-of-way support services to increase the agreement amount by $90,000 for a revised total not-to-exceed amount of $240,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.

6. General Plan Update – Supplemental Budget Appropriation and Amendment Adopt a Resolution to appropriate $227,600 from the Advance Planning Fund to the General Plan Update project; approve Amendment No. 5 to the agreement with PlaceWorks Inc. for the General Plan Update to modify the scope of work and increase the contract amount by $227,600 for a total not to exceed amount of $2,845,010 to complete additional tasks, technical evaluations and community outreach activities to support completion of the General Plan Update; extend the term of the agreement through December 31, 2024; and authorize the City Manager to execute the amendment in substantially the form presented.

Enactment: Resolution No. 106 (2023)

7. Delaware Safe Routes to School Corridor – Grant Funding Acceptance Adopt a Resolution to approve the acceptance of $1,661,000 of California Transportation Commission Active Transportation Program Cycle 5 grant funding for the Delaware Safe Routes to School Corridor Project.

Enactment: Resolution No. 107 (2023)
PUBLIC COMMENT – Michael Sevillia commented on the VIP registration program at Poplar Creek Golf Course. Michael Ragan, Bereford Hills Neighborhood Association, requested that action be taken on pedestrian safety. Ligia Andrade Zuniga, Latina Leadership Coalition of the Bay Area, spoke about an upcoming event at Sequoia High School.

OLD BUSINESS

8. Draft General Plan 2040 – Community Design and Historic Resources; Conservation, Open Space, and Recreation; and Noise Elements
Zachary Dahl, Community Development Deputy Director, and Joanna Jansen, Placeworks, Consultant, provided a presentation outlining a history and overview of the General Plan regarding specific features and reviewed the upcoming meeting schedule. Council asked questions of staff.

Public Comment – Ken Abreu spoke to conservation of park and recreation. Laurie Watanuki commented on the need for a smaller downtown. Laurie Hietter commented on historic districts. Lisa Vande Voorde spoke in defense of historic resources. Council recessed from 8:25 p.m. to 8:31 p.m.

Public Comment (continued) – Speaking to the item: Cameron Rolfe; Dave Cohen; Michael Weinhauer; Michael Grubb; James Clarke; George; Leonard Frank; Randy Fine; and Jordan Grimes. The city explained the public comment rules and the requirement to stay on topic and approximately twelve additional remote speakers offered off topic comments and were virtually removed from the meeting.

Council consensus was they appreciated and support staff’s recommendation with regard to changes to the draft General Plan and elements discussed. Mr. Dahl will take into consideration Council’s direction and will bring back to Council for approval later in the process.

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

ADJOURNMENT –The meeting adjourned in memory of Jerry Weiss at 9:55 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Deputy Mayor Patrice Olds, City Clerk

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 23-8111 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 16, 2023
SUBJECT:

Park and Recreation Commission - Eligibility List Appointments RECOMMENDATION:

Fill two vacancies on the Park and Recreation Commission with appointments from the established eligibility list as follows:

Regina Trapp to a partial term ending June 10, 2027 and Peter Wicher to a partial term ending June 10, 2026.

BACKGROUND:

At its July 17, 2023 meeting, the City Council approved the establishment of an eligibility list for the Park and Recreation Commission from the Appointment Subcommittee interviews held on June 26, 2023. Two unscheduled vacancies have occurred on the Park and Recreation Commission due to J. Christopher Massey moving out of the city and Lindsey Held resigning due to a work conflict. Their terms ended on June 10, 2026 and June 10, 2027, respectively.

Due to the unscheduled vacancies, Regina Trapp and Peter Wicher would be eligible to fill two full four-year terms after serving in these partial terms.

BUDGET IMPACT:

There is no budget impact from this administrative activity.

ENVIRONMENTAL DETERMINATION:

This appointment 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 - Boards and Commissions List

STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042

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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, Chair 06-10-21 06-10-25
1 Lindsey Held Vacant 07-20-20 06-10-27
1 Sandra Kiapi 06-10-23 06-10-27
2 J. Christopher Massey Vacant 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 Elizabeth DeWinter 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.

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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
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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-2311 File ID: 23-8088 TO: City Council
FROM: Alex Khojikian
PREPARED BY: Human Resources Department
MEETING DATE: October 16, 2023
SUBJECT:

City Manager’s Office and Community Development Department – Classification and Job Specification Updates RECOMMENDATION:

Adopt a Resolution to approve the 1) revisions to the job specifications for the classifications of Assistant City Manager, Senior Code Enforcement, Senior Planner and Plan Check Supervisor; 2) movement of the vacant Communications and Public Relations Analyst position in Public Works Department to the City Manager’s Office; and 3) reallocation of the vacant Development Review Technician I-II to a Senior Development Review Technician.

BACKGROUND:

City Manager’s Office
Assistant City Manager job specification revision
The current vacant status of the Assistant City Manager position has created an opportunity to reconfigure staffing in the City Manager’s Office to reflect its current and future needs. The duties of the Assistant City Manager position were recently reviewed, and the City Manager recommends elevating and broadening the scope of the incumbent’s role. The Assistant City Manager is responsible for managing the day-to-day operations of the City Manager’s Office, overseeing and performing special projects as determined by the City Manager, providing direct supervision to the Information Technology Director, conducting specific and comprehensive analyses of a wide range of municipal policies and procedures, leading multi-departmental initiatives and representing the City Manager’s interests in these efforts.

In addition to the responsibilities and duties referenced above. The proposed job specification includes increased responsibilities such as providing direct supervision to multiple Department Directors of outward and inward facing departments. This will provide organizational flexibility to utilize the Assistant City Manager position to meet community and organizational needs as determined. Currently the City Manager envisions the Assistant City Manager position oversee the day-to-day operations of the City Manager’s Office and three other City Departments including Community Development, Information Technology and Public Works. It is also recommended that the required minimum experience for the position be elevated from six to seven years of increasingly responsible and varied administrative experience in municipal government, including four years significant supervisory and management responsibilities.

Move the vacant Communications and Public Relations Analyst position in Public Works to City Manager’s Office Communicating and engaging with the community is an important priority for the Council and the City has a need to enhance its communications resources to continue to meet the community’s evolving expectations and preferences. The City’s Communications Program is managed through the City Manager’s Office under the Communications Manager.

The Public Works Department has had a vacant Communications Analyst position for the last year, and the Communications Manager has been providing support to Public Works and other departments. To help support more

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coordinated and improved communications, the City Manager’s Office plans to move the current Public Works Communications Analyst position into the City Manager’s Office, and use existing funding to hire an additional per diem position. Under direction by the Communications Manager, the new Communications Program team would provide support to Public Works as well as other departments that do not have assigned communications staffing.

The City Manager plans to continue evaluating how to increase capacity for communications and engagement for the organization.

Community Development Department
Reallocation of a vacant Development Review Technician I-II to a Senior Development Review Technician Due to significant changes in the Building Division's operations since the launch of the Online Permit Center three years ago, the Division has introduced a range of online public services that continue to undergo modification and development.

In addition to their original responsibilities, DRTs are now tasked with processing Planning Applications and addressing Planning inquiries. These substantial shifts in duties necessitate the presence of advanced journey level staff in providing technical and functional supervision, while also training new employees, conducting quality assurance assessments, and overseeing daily in-person and online processing workloads for both Building and Planning.

The influx of applications for both Planning and Building remains consistently high, and there is a growing number of complex projects requiring the expertise of advanced journey-level DRTs. Furthermore, the Building Division has recently added another DRT position for the current fiscal year. A reclassification of a DRT to Senior DRT is crucial to providing the necessary support to the Permit Center Supervisor, who oversees the day-to-day operations of the Permit Center of ten total staff members.

Given the process enhancements, expanded responsibilities, complexity of duties, increased workload, staff capacity, and training requirements, it is imperative that the DRT workgroup is led by a sufficient amount of advanced journey level staff with the above noted capabilities. This reallocation is not only vital for the efficient and effective performance of their duties but also necessary for the future need of providing continuity of leadership within the workgroup.

Senior Code Enforcement Officer job specification revision The updates to the Senior Code Enforcement Officer (CEO) job spec are proposed to reflect the CE Manager as the CE Division manager, allow for flexibility for organizational structure within the CE Division, ensure that minimum qualifications do not exclude otherwise qualified candidates from being considered by the hiring manager when recruiting to fill the position. Due to the increase in code enforcement cases that are complex, challenging and require coordination with the City Attorney, City Manager and other departments, the expertise of an advanced journey-level CEO is needed to support successful case resolution and to support the CE Manager to ensure Division operations meet Council and community expectations.

Senior Planner job specification revision
The updates to the Senior Planner job specification are proposed to align with current Planning Division operations, reflect the Planning Manager as the Planning Division manager, allow for flexibility for organizational structure within the Planning Division and ensure that minimum qualifications do not exclude otherwise qualified candidates from being considered by the hiring manager when recruiting to fill the position.

Plan Check Supervisor job specification revision
The updates to the Plan Check Supervisor job specification are proposed to reflect the Building Official as the Building Division manager and provide flexibility for organizational structure within the Building Division. The ADA Special Requirements were revised because the listed “Abilities” and “Exposure” were similar to Inspectors and not consistent with Plan Checking. The wording and exposures were redefined to align with the actual job requirements and consistency with the Plan Checker and Development Review Tech office staff abilities and exposure levels.

BUDGET IMPACT:

The reallocation of one (1) Development Review Tech II to one (1) Senior Development Review Tech has an estimated cost

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increase of $10,000 per fiscal year. For Fiscal Year 2023-24, the Community Development Department’s operating budget will be able to absorb any additional costs. As such, no additional budget appropriation is needed.

The revisions to the job specification for the classification of Assistant City Manager has an estimated additional cost of $37,600 per fiscal year. For Fiscal Year 2023-24, the City Manager’s operating budget will be able to absorb any additional costs. As such, no additional budget appropriation is needed.

There is no budget impact associated with moving the Communication & Public Relations Analyst position in Public Works to the City Manager’s Office and with the revisions to the job specifications for the classifications of Senior Code Enforcement Officer, Senior Planner and Plan Check Supervisor.

ENVIRONMENTAL DETERMINATION:

These classification updates and 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).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Exhibit A - Job Specifications
Att 2 - Job Specifications with tracked changes

STAFF CONTACT
Lourdes Coles, Senior Human Resource Analyst
[email protected]
(650) 522-7264

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CITY OF SAN MATEO
RESOLUTION NO. __ (2023)

CLASSIFICATION AND JOB SPECIFICATION UPDATES
CITY MANAGER’S OFFICE AND COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to the City Manager’s Office’s (CMO) request to move the vacant Communication and Public Relations Analyst position in Public Works Department to CMO, and to revise job specification for the classification of Assistant City Manager, and the Community Development Department’s request to reallocate a vacant Development Review Technician I-II position and to revise the job specifications for the classifications of Senior Code Enforcement, Senior Planner and Plan Check Supervisor to accurately reflect the duties and requirements of the classifications.

WHEREAS, the job specifications for the classifications of Assistant City Manager, Senior Code Enforcement, Senior Planner and Plan Check Supervisor are attached hereto as Exhibit A, and incorporated by reference; and
WHEREAS, the employee associations representing the impacted classifications have been informed of the job specification updates and have not brought forth any objections or concerns.

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

1. The revisions to the job specifications for the classifications of Assistant City Manager, Senior Code Enforcement, Senior Planner and Plan Check Supervisor, the movement of the vacant Communications and Public Relations Analyst position in Public Works Department to the City Manager’s Office, and the reallocation of the vacant Development Review Technician I-II to a Senior Development Review Technician are not subject to CEQA because it can be seen with certainty that they will not cause a physical change in the environment; and

2. The revisions to the job specifications for the classifications of Assistant City Manager, Senior Code Enforcement, Senior Planner and Plan Check Supervisor attached as Exhibit A, the movement of the vacant Communications and Public Relations Analyst position in Public Works Department to the City Manager’s Office and the reallocation of the vacant Development Review Technician I-II to a Senior Development Review Technician are approved.

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Exhibit A

ASSISTANT CITY MANAGER

DEFINITION
To assist the City Manager in coordinating, directing, and leading the City’s municipal operations; to plan, organize, direct and review the activities, resources and operations of assigned departments; to perform complex and responsible administrative work in all areas of municipal government and assume full administrative responsibility for the operations and of assigned departments or program areas; to conduct specific and comprehensive analyses of a wide range of municipal policies and procedures; to lead multi-departmental initiatives and represent the City Manager’s interests in these efforts; and to do related work as required. The Assistant City Manager also serves as the City Manager in the City Manager’s absences or as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager.

Exercises direct supervision of Department Heads and/or Division Heads, management, professional, technical, and administrative staff as assigned Can serve concurrently as a department director and provide direction, management, and supervision of the department.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Depending upon assignment, duties may include, but are not limited to, the following:

Provide leadership and oversight to assigned departments they manage Work closely with the City Manager and Department Heads, as assigned, to implement City Council policy directives and enable the development and implementation of related goals, objectives, and policies.

Assume delegated authority for controlling routine operations and directing resolution of personnel, budgetary, and administrative issues and problems.

Conduct studies, surveys and collect information on complicated operational and administrative problems, analyze findings and prepare reports of practical solutions for review by the City Manager.

Coordinate and participate in the preparation of the annual operating and capital improvement budgets and in budget control activities.

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Assume management responsibility for assisting in the City Manager department’s services and activities including City-wide work program development, performance management, succession planning, communications, work programs and the City Council.

Supervise, oversee, and monitor assigned program areas; oversee the development of policies, goals and objectives; managing the development and evaluation of the City Council priorities; ensure efficient organization and management systems are in operation.

Assist in the development, planning and implementation of goals and objectives related to the overall administrative activities and operations of the City; recommend and administer policies and procedures.

Establish internal procedures and process improvements for assigned departments Preparing and monitoring work programs and performance measurements.

May supervise the administration of personnel policies, practices, and procedures, and may serve as the Personnel Officer in the review of personnel-related matters.

Perform comprehensive management analyses in a wide range of municipal policies, organization, procedures, finance and services.

Represent the City Manager and lead multi-department initiatives and projects.

Analyze, interpret and explain City policies and procedures; confer with department heads and employees regarding policy and procedure changes.

Represent the City before the City Council, community, outside agencies, and professional meetings as required.

Attend City Council meetings as appropriate and provide staff assistance to the City Council in the absence of the City Manager and/or as assigned.

Respond to difficult and sensitive citizen complaints and requests for information; confer with the public to explain policies and programs.

Conduct legislative analysis to determine the effect of proposed legislation on City operations and activities.

Coordinate department head meeting management and professional training.

Coordinate activities of the City Manager Office with City departments and divisions, and with outside agencies.

Select, supervise, train, and evaluate staff.

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

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Principles, practices, and techniques of public administration.

Principles and practices of organization, management, supervision review and analysis.

Principles, methods, and practices of municipal finance, budgeting, and accounting.

Advanced research techniques, methods, and procedures, and methods of report presentation.

Applicable Federal, State, and local laws, rules, and regulations per taming to local government operations.

Principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government.

Ability to:

Plan, direct, and control the administration and operations of assigned departments through the efforts of assigned Department Heads.

Provide effective leadership and coordinate the activities of assigned program areas.

Analyze a variety of administrative and organizational problems, make sound policy and procedural recommendations, and adopt an effective course of action.

Communicate clearly and concisely, both orally and in writing. Make effective public presentations.

Properly interpret and make decisions in accordance with laws, regulations, and policies.

Plan, organize, and successfully implement complex projects and assignments.

Prepare complete and accurate reports.

Establish and maintain effective working relationships with others.

Manage, supervise, train and evaluate assigned personnel.

Skill to:

Managerial and leadership principles and practices
Budgeting and financial management
Operational analysis techniques
Consensus and teambuilding techniques
Operate personal computer and its associated applications.

Operate a motor vehicle safely.

Experience and Training Guidelines:

Any combination equivalent to experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience
Seven years of increasingly responsible and varied administrative experience in municipal government, including four years of significant supervisory and management responsibilities. Three years’ experience managing core functions such as administrative

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services (HR, IT, Finance), Community Development (Planning, Engineering and Building), Public Works, or similar municipal functions.

Training:

Equivalent to a Master’s degree from an accredited college or university with major work in public administration, finance, business or a closely related field.

License or Certificate:

Possession of, or ability to obtain, an appropriate, valid driver's license.

Special Requirements:

Essential duties require the following physical skills and work environment:

Ability to work in a standard office environment; ability to travel to different sites and locations.

City of San Mateo
Adopted cc 4-12-81
Revised 11-16-09
Revised 10-16-23
Department Head
Exempt

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SENIOR CODE ENFORCEMENT OFFICER

DEFINITION
Under general direction, works on, reviews, and participates in code enforcement activities and the enforcement of various State and City codes and ordinances; supervises code enforcement personnel and activities when assigned; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS
This class is the advanced journey level in the Code Enforcement Officer series. This position is responsible for managing cases that involve complex, challenging and sensitive situations related to the enforcement of State and City codes and ordinances for use, maintenance and safety of land and structures. This class is distinguished from the next lower classification of Code Enforcement Officer II through its responsibilities for the managing the most complex code enforcement cases and its supervisory duties, when assigned. The position in this class is required to be fully trained in all procedures and policies related to the code enforcement program.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Code Enforcement Manager, or higher level department personnel.

Exercises direct supervision over professional and technical staff when assigned.

EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to the following:

Manage complex, challenging, and sensitive code enforcement cases.

Plan, schedule, assign work and support code enforcement activities for commercial, industrial and residential property to ensure compliance with codes, regulations and ordinances.

Supervise, train, and evaluate staff when assigned.

Review, monitor and provide technical expertise, code interpretation assistance, advice on enforcement cases and administrative matters.

Assist staff and other departments with the interpretation and application of applicable ordinances.

Respond in person or by letter to inquiries regarding complaints and investigations, either verbally or with the use of a personal computer.

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Effectively communicate to City staff, elected officials and the public the status of, or issues involved in, complaints or investigations.

Participate in the investigation, preparation and presentation in cases for legal action.

Participate in hearing and court activities related to case prosecution.

Consult with staff in other departments to resolve interdepartmental conflicts or concerns.

Coordinate enforcement efforts with other City departments and outside agencies.

Provide information and serve as liaison to representatives from state, federal and other local agencies.

Meet with representatives of the community to explain functions, policies and operations and to mediate/resolve conflicts and/or respond to questions, clarify policies and regulations.

Prepare written reports and make oral presentations to City Council and community groups.

Review policies, correspondence, regulations, reports and legislation to make recommendations on operational and/or policy changes when assigned.

QUALIFICATIONS
Knowledge and Abilities:

Considerable knowledge of:

Principles and practices of code enforcement;
Investigation techniques and practices;
Evidence collection and preservation;
Principles of land use planning;
Public speaking techniques;
Property owner rights, property descriptions, assessor's map systems; Goals and functions of code enforcement;
Techniques and methodologies used in making and resolving difficult public contacts with individuals from diverse socio-economic and cultural backgrounds; Research practices and techniques;
Technical report writing, written and verbal English grammar, spelling and construction, and photography
General Knowledge of:

State health and safety code;
International Property Maintenance Code, principles and practices of office administration and supervision;
Techniques of training and evaluation;
Project and workload planning;

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Court room procedures;
The principles of budget preparation in the public sector; Practices and methodologies of contract administration.

Ability to:

Plan, organize and manage staff engaged in the performance of complex, technical work; Develop and implement goals and objectives;
Evaluate and determine levels of achievement and performance; Learn, interpret, apply and explain applicable codes (including the Uniform Electrical, Mechanical, Plumbing, and Building codes), regulations and policies; Identify and analyze administrative problems and implement operational changes; Develop and maintain cooperative working relationships with staff and customers; Determine and implement the appropriate course of action in stressful situations; Manage meetings effectively;
Learn and apply City procedures, interviewing, investigative and safety techniques and practices; Accurately research property ownership and status;
Work independently;
Analyze and evaluate observations and information in relationship to applicable codes and regulations;
Communicate effectively both verbally and in writing with individuals from a variety of socio- economic and cultural backgrounds;
Use a personal computer in the composing and editing of written management and technical reports; prepare and make small group and public presentations.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Three years of progressively responsible code enforcement experience.

Experience in a leadership role, such as program development and/or management is desirable.

Training:

Two years of undergraduate course work from an accredited college or university.

Equivalent to a Bachelor’s degree from an accredited college or university is desirable.

License or Certificate:

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Possession of, or ability to possess, a valid Class C California driver’s license.

California Association of Code Enforcement Officers (CACEO) Certified Code Enforcement Officer within one year of hire.

Successful Completion of a POST 832PC class required within one year of hire.

International Code Council (ICC) Certification as a Property Maintenance and Housing Inspector and/or Residential Building Inspector is desirable
Work Environment:

Ability to work in a standard office environment and outdoors, to drive, use a computer, iPad and/or other mobile devices.

ADA Special Requirements:

Essential duties require the following the physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist and climb; exposure to cold, heat, outdoors, electrical hazards, vibration, chemicals, dust, toxic waste and mechanical hazards, exposure to slippery or uneven walking surfaces.

ADOPTED CC: 9-07-88
REVISED CC: 7-05-89, 6-15-98, 9-18-06, 12-07-15, 6-3-19, 10-16-23 BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2055

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SENIOR PLANNER

DEFINITION
Under general direction, works on, organizes, reviews and participates in current and advanced planning work; supervises the work of professional and technical planning personnel, projects and other activities when assigned; acts as Zoning Administrator when assigned; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS
This class is the first supervisory level in the professional planning series. It is distinguished from the next lower class of Associate Planner through its supervisory duties, when assigned, and its responsibilities for the most complex planning projects. It is distinguished from the next higher class of Principal Planner as the latter is responsible for managing the Current and Advance Planning Sections of the Planning Division, as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Planning Manager, or higher level department personnel.

Exercises direct supervision over professional and other planning staff as assigned.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:

Implement goals, objectives, policies, and priorities.

Direct, coordinate, review, and participate in the work of professional and other planning staff in data collection, analysis, and implementation of a wide variety of planning, zoning, and environmental review activities.

Act as Zoning Administrator when assigned; supervise special planning, zoning, and environmental studies and plans; prepare oral and written reports and findings.

Perform the most complex and sensitive planning work.

Act as liaison and make oral and written reports to the Planning Commission, Development Review Board, City Council, and various citizen committees as assigned.

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Coordinate planning activities with other City divisions and departments, and with outside local, regional, Federal and State agencies and provide assistance as needed.

Chair Development Review Board meetings as required.

Initiate recommendations for changes in codes, plans and policies.

Utilize expert knowledge in specific technical areas to serve as staff resource.

May assist in the preparation and administration of the annual budget.

Meet with and advise developers regarding development applications and processes; explain purposes, regulations, and directives of accepted development practices; complete processing of the most difficult and complex planning applications; advise staff on processing of applications.

Supervise, train, and evaluate staff, when assigned.

QUALIFICATIONS
Knowledge of:

Specific technical areas applicable to planning.

Principles and practices of urban planning
Computer systems and applications.

Research methods.

Federal, State, and local laws relating to planning and housing.

Principles of administration and personnel management.

Ability to:

Acquire a thorough knowledge of Division policies and procedures, and a working knowledge of applicable Department and City policies and regulations.

Plan the work of professional and technical staff in compilation of technical and statistical data, research, and the preparation of plans and technical papers.

Establish and maintain effective working relationships with the public, other City personnel, and outside agencies.

Communicate clearly and concisely, orally and in writing.

Understand and interpret codes, plans, and policies.

Work independently and exercise good judgment.

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9 2
2 1
Balance competing interests in preparing plans and reviewing applications.

Process the most complex and sensitive planning applications.

Prepare and analyze planning studies and clearly communicate findings of these studies.

Supervise, train, and evaluate assigned staff.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Five years professional experience in the field of urban planning.

Supervisory experience of staff, programs and/or administrative activities is desirable.

Training:

Equivalent to a Bachelor’s degree from an accredited college or university with major course work in planning or related field.

License or Certificate:

Possession of, or ability to possess, a valid, driver’s license.

Possession of certification from the American Institute of Certified Planners (AICP) is desirable.

ADA SPECIAL REQUIREMENTS:

Essential duties require the following physical abilities and work environment:

Ability to work in a standard office environment with some exposure to the outdoors ADOPTED CC: 4-12-81
REVISED CC: 6-17-96, 9-18-06, 10-16-23
FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2133
ABOLISHED:

33 of 657

9 2
2 1

PLAN CHECK SUPERVISOR

DEFINITION
To plan, organize, direct and supervise plan check operations within the Building Division; to coordinate assigned activities with other divisions; and to perform a variety of technical tasks relative to assigned area of responsibility.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Building Official or assigned qualified personnel.

Exercises direct supervision over assigned professional, technical, and administrative support staff.

EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following:

Recommend and assist in the implementation of goals and objectives; establish schedules and methods for plan check operations; implement policies and procedures; monitor code changes and update city practices as required.

Plan, prioritize, assign, supervise and review the work of staff involved in plan check operations.

Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities.

Participate in budget preparation and administration; prepare cost estimates for budget recommendations; monitor and control expenditures.

Participate in the selection of staff; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline procedures.

Conduct plan checks on commercial, industrial and residential buildings and structures; review plans calculations, reports and other documents for compliance of the adopted codes and ordinances.

Receive and assess fees for new development and construction projects. Issue and process building permit applications.

Conduct field inspections as required.

Coordinate plan check activities with other City departments and with outside agencies.

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9 2
2 1
Represents the Division at various boards, commissions, professional and community meetings.

Prepares administrative reports on building activities and performance on customer service standards.

Confer with homeowners, design professionals, builders and the public concerning building codes and permit requirements; investigate complaints and recommend corrective actions as necessary to resolve issues.

Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.

Foster an environment that embraces diversity, integrity, trust, and respect.

Be an integral team player, which involves flexibility, cooperation, and communication.

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Principles and practices of supervision, training and performance evaluations.

Principles, methods and practices of architecture or engineering and their applications on building plan review.

California Building Standards Codes, and applicable state laws and local ordinances.

Basic Planning and zoning codes and ordinances.

Recent developments, current literature and sources of information regarding technology, materials and methods of construction.

Principles and practices of budget monitoring.

Principles and practices of safety management.

Pertinent local, state and federal laws, ordinances and rules governing engineering and architecture.

Ability to:

Establish and maintain effective working relationships with those contacted in the course of work.

Resolve conflict and issues with tact.

Organize, implement and direct plan check operations/activities.

Perform detailed analysis and examination of building design plans, calculations and related documents.

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9 2
2 1
Interpret and explain pertinent plan check and department policies and procedures.

Assist in the development and monitoring of an assigned program budget.

Supervise, train and evaluate assigned staff.

Develop and recommend policies and procedures related to assigned operations.

Work with various cultural and ethnic groups in a tactful and effective manner.

Communicate clearly and concisely, both orally and in writing.

Experience and Training
Any combination equivalent to experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Three years of increasingly responsible experience in building design review and/or plan checking in a municipal environment, including one year providing technical and functional supervision over assigned personnel.

Training:

Equivalent to a Bachelor’s degree from an accredited college or university with some course work in advance math, pre-engineering, building design, construction technology.

Bachelor degree with major coursework in civil, mechanical, or structural engineering, architecture or a related field is desirable.

License or Certificates:

Possession of, or ability to obtain, a valid California driver’s license.

Possession of a Plans Examiner Certificate issued by the International Code Council, or other state, national or international association.

Possession of a Registration as a professional engineer or architect in the State of California is highly desirable.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Typically, work is conducted in a standard office environment with ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, twist, climb, and carry 25 pounds; some exposure to noise, outdoors, electrical hazards, dust, and mechanical hazards.

36 of 657

9 2
2 1
ADOPTED CC: 5-15-17
REVISED CC: 10-16-23
FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2092
ABOLISHED:

37 of 657

1 CITY OF SAN MATEO
ADOPTED CC 4-12-81
REVISED 11-16-09
REVISED 10-16-23

DEPARTMENT HEAD
EXEMPT

ASSISTANT CITY MANAGER

DEFINITION
To assist the City Manager in coordinating, directing , and leading the City’s municipal operations; to plan, organize, direct and review the activities, resources and operations of assigned departments; toassist the City Manager in a wide variety of administrative tasks perform complex and responsible administrative work in all areas of municipal government and assume full administrative responsibility for the operations and of assigned departments or program areas; to conduct specific and comprehensive analyses of a wide range of municipal policies and procedures; to lead multi-departmental initiatives and represent the City Manager’s interests in these efforts ; and to do related work as required. The Assistant City Manager also serves as the City Manager in the City Manager’s absences or as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager.

Exercises direct supervision of Department Heads and/or Division Heads, over management, professional, technical, and clerical, and administrative positions.staff as assigned Can serve concurrently as a department director and provide direction, management, and supervision of the department.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Depending upon assignment, duties may include, but are not limited to, the following:

Provide leadership and oversight to assigned departments they manage

Manage one or more departments.

Work closely with the City Manager and Department Heads, as assigned, to implement City Council policy directives and enables the development and implementation of related goals, objectives, and policies.

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2 Assuming Assume delegated authority for controlling routine operations and directing resolution of personnel, budgetary, and administrative issues and problems.

Conduct studies, surveys and collect information on difficult complicated operational and administrative problems, analyze findings and prepare reports of practical solutions for review by the City Manager.

Coordinate and participate in the preparation of the annual operating and capital improvement budgets and in budget control activities.

Assume management responsibility for assisting in the City Manager department’s services and activities including City-wide work program development, performance management, succession planning, communications, work programs and the City Council.

Supervise, oversee, and monitor assigned program areas; oversee the development of policies, goals and objectives; managing the development and evaluation of the City Council priorities; ensure efficient organization and management systems are in operation.

Assist in the development, planning and implementation of goals and objectives related to the overall administrative activities and operations of the City; recommend and administer policies and procedures.

Establish internal procedures and process improvements for assigned departments Preparing and monitoring work programs and performance measurements.

May supervise the administration of personnel policies, practices, and procedures, and may serve as the Personnel Officer in the review of personnel-related matters.

Perform comprehensive management analyses in a wide range of municipal policies, organization, procedures, finance and services.

Represent the City Manager and lead multi-department initiatives and projects.

Analyze, interpret and explain City policies and procedures; confer with department heads and employees regarding policy and procedure changes.

Represent the City before the City Council, community, outside agencies, and professional meetings as required.

Attend City Council meetings as appropriate and provide staff assistance to the City Council in the absence of the City Manager and/or as assigned.

Respond to difficult and sensitive citizen complaints and requests for information; confer with the public to explain policies and programs.

Conduct legislative analysis to determine the effect of proposed legislation on City operations and activities.

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3 Coordinate department head meeting management and professional training.

Coordinate activities of the City Manager Office with City departments and divisions, and with outside agencies.

Select, supervise, train, and evaluate staff.

Serve as acting City Manager as assigned.

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS

Knowledge of:

Principles, practices, and techniques of public administration.

Principles and practices of organization, management, supervision review and analysis.

Principles, methods, and practices of municipal finance, budgeting, and accounting.

Advanced research techniques, methods, and procedures, and methods of report presentation.

Applicable Federal, State, and local laws, rules, and regulations per taming to local government operations.

Principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government.

Ability to:

Plan, direct, and control the administration and operations of assigned departments through the efforts of assigned Department Heads.

Provide effective leadership and coordinate the activities of assigned program areas.

Analyze a variety of administrative and organizational problems, make sound policy and procedural recommendations, and adopt an effective course of action.

Communicate clearly and concisely, both orally and in writing. Make effective public presentations.

Properly interpret and make decisions in accordance with laws, regulations, and policies.

Plan, organize, and successfully implement complex projects and assignments.

Prepare complete and accurate reports.

Establish and maintain effective working relationships with others.

Manage, supervise, train and evaluate assigned personnel.

Skill to:

Managerial and leadership principles and practices

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4 Budgeting and financial management

Operational analysis techniques

Consensus and teambuilding techniques

Operate personal computer and its associated applications.

Operate a motor vehicle safely.

Experience and Training Guidelines:

Any combination equivalent to experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience
Six Seven years of increasingly responsible and varied administrative experience in municipal government, including four years of significant supervisory and management responsibilities. Three years’ experience managing core functions such as administrative services (HR, IT, Finance), Community Development (Planning, Engineering and Building), Public Works, or similar municipal functions.

Training:

Equivalent to a Master’s degree from an accredited college or university with major work in public administration, finance, business or a closely related field.

License or Certificate:

Possession of, or ability to obtain, an appropriate, valid driver's license.

Special Requirements:

Essential duties require the following physical skills and work environment:

Ability to work in a standard office environment; ability to travel to different sites and locations.

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SENIOR CODE ENFORCEMENT OFFICER

DEFINITION

Under general direction, assigns works on, reviews, and participates in and supervises code enforcement activities; to participate in the work of technical staff engaged in and the enforcement of various State and City codes and ordinances; supervises code enforcement personnel and activities when assigned; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS

This class is the first is the supervisoryadvanced journey level in the Code Enforcement Officer series. The incumbentThis position is responsible for the day to day supervision of section staff engagedmanaging in cases that involve complex, challenging and sensitive situations related to the enforcement of State and City codes and ordinances related tofor use, maintenance and safety of land and structures. Methods of performing assigned responsibilities are largely at the discretion of the incumbent within the framework of Department policy, rules and regulations.

Particularly sensitive matters are referred to and jointly decided with the Code Enforcement Manager. This class is distinguished from the next lower classification of Code Enforcement Officer II by through its responsibilities for the managing the most complex code enforcement cases responsibility for assignment and and its supervisory duties, when assigned.,sion responsibilities for the managing the most complex code enforcement casesof the activities of the Code Enforcement Division. The position in this class is required to be fully trained in all procedures and policies related to the code enforcement program.

SUPERVISION RECEIVED AND EXERCISED

Receives direction from the Code Enforcement Manager, or higher level department personnel.

Exercises direct supervision over professional and technical Code Enforcement Officers and other assigned staff when assigned.

EXAMPLES OF ESSENTIAL DUTIES

Duties may include, but are not limited to the following:

42 of 657

City of San Mateo
Senior Code Enforcement Officer

Page 2 ends

Manage complex, challenging, and sensitive code enforcement cases.

Plan, schedule, assign work and support evaluate the performance of those engaged in code enforcement activities for commercial, industrial and residential property, to ensure compliance with codes, regulations and ordinances.

Participate in the selection of full-time and temporary employees.

Supervise, train, and evaluate staff when assigned subordinate staff.

Recommend disciplinary actions.

Develop and implement ongoing staff training program.

Supervise and participate in the continuous improvement of administrative processes.

Review, monitor and provide technical expertise, code interpretation assistance, advice on enforcement strategies on more complexcases incidents, and administrative matters.

Assist staff and other departments with the interpretation and application of applicable ordinances.

Respond in person or by letter to inquiries regarding complaints and investigations, either verbally or with the use of a personal computer.

Explain Eeffectively communicate to superiorsCity staff, and to elected officials and the public the status of, or issues involved in, complaints or investigations.

Participate in the investigation, preparation and presentation in cases for legal action. Supervise the scheduling of and preparation for administrative appeal hearings.

Participate in hearing and court activities related to case prosecution.

Consult with staff in other departments to resolve interdepartmental conflicts or concerns.

Coordinate enforcement efforts with other City departments and outside agencies.

43 of 657

City of San Mateo
Senior Code Enforcement Officer

Page 3 ends

Provide information and serve as liaison to representatives from state, federal and other local agencies.

May represent the department in technical organizations and committees.

Meet with representatives of the community to explain functions, policies and operations and to mediate/resolve conflicts and/or respond to questions, clarify policies and regulations.

Prepare agenda written reports and make oral presentations to City Council and community groups.

RParticipate in the development and implementation of the section budget.

Review policies, correspondence, regulations, reports and legislation and to make recommendationss and/or participates inon operational and/or policy changes when assigned.

Conduct or direct the conduct of special projects.

QUALIFICATIONS

Knowledge and Abilities:

Considerable knowledge of:

Principles and practices of code enforcement;
Investigation techniques and practices;
Evidence collection and preservation;
Principles of land use planning;
Public speaking techniques;
Property owner rights, property descriptions, assessor's map systems; Goals and functions of code enforcement;
Techniques and methodologies used in making and resolving difficult public contacts with individuals from diverse socio-economic and cultural backgrounds; Research practices and techniques;
Technical report writing, written and verbal English grammar, spelling and construction, and photography
General Knowledge of:

44 of 657

City of San Mateo
Senior Code Enforcement Officer

Page 4 ends

State health and safety code;
International Property Maintenance Code, principles and practices of office administration and supervision;
Techniques of training and evaluation;
Project and workload planning;
Court room procedures;
The principles of budget preparation in the public sector; Practices and methodologies of contract administration.

Ability to:

Plan, organize and manage staff engaged in the performance of complex, technical work; Develop and implement goals and objectives;
Evaluate and determine levels of achievement and performance; Learn, interpret, apply and explain applicable codes (including the Uniform Electrical, Mechanical, Plumbing, and Building codes), regulations and policies; Identify and analyze administrative problems and implement operational changes; Develop and maintain cooperative working relationships with staff and customers; Determine and implement the appropriate course of action in stressful situations; Manage meetings effectively;
Learn and apply City procedures, interviewing, investigative and safety techniques and practices; Accurately research property ownership and status;
Work independently;
Analyze and evaluate observations and information in relationship to applicable codes and regulations;
Communicate effectively both verbally and in writing with individuals from a variety of socio- economic and cultural backgrounds;
Use a personal computer in the composing and editing of written management and technical reports; prepare and make small group and public presentations.

Experience and Training Guidelines

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

45 of 657

City of San Mateo
Senior Code Enforcement Officer

Page 5 ends

Any combination of education and experience that has provided the knowledge and abilities necessary to satisfactory job performance would be qualifying. A typical way to obtain the require knowledge and abilities would be:Experience:

Two years of undergraduate course work from an accredited college or university, and Three years of progressively responsible code enforcement experience. , plus demonstrated extensive eExperience in a leadership role, such as program development and/or management is desirable.

Training:

Two years of undergraduate course work from an accredited college or university., and Equivalent to a Bachelor’s degree from an accredited college or university is desirable.

License or Certificate:

Possession of, or ability to possess, a valid Class C California driver’s license.Ability to obtain a valid Class C California Driver's License by date of hire is required. Valid required license shall be maintained.

California Association of Code Enforcement Officers (CACEO) International Code Council (ICC) Certification Property Maintenance and Housing Inspector Certified Code Enforcement Officer with California Association of Code Enforcement Officers (CACEO) within one year of hire.

Successful Completion of a POST 832PC class required within one year of hire.

International Code Council (ICC) Certification as a Property Maintenance and Housing Inspector and/or
ICC Residential Building Inspector Certification ishighly desirable

Work Environment:

Ability to work in a standard office environment and Works indoors, works outdoors, to driveing required, use a of computer, iPad and/or other mobile devices, works around others, works alone..

ADA Special Requirements:

Essential duties require the following the physical abilities and work environment:

46 of 657

City of San Mateo
Senior Code Enforcement Officer

Page 6 ends

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist and climb; exposure to cold, heat, outdoors, electrical hazards, vibration, chemicals, dust, toxic waste and mechanical hazards, exposure to slippery or uneven walking surfaces.

ADOPTED CC: 9-07-88
REVISED CC: 7-05-89, 6-15-98, 9-18-06, 12-07-15, 6-3-19 BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2055

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SENIOR PLANNER

DEFINITION

To Under general direction, works onplan, organizes, supervise, reviews and, and participates in current and advanced planning work; supervises the work of professional and technical planning personnel, projects and other activities engaged in all planning functionswhen assigned of the City; to acts as Zoning Administrator when assigned; and to doperforms related work duties as required.

DISTINGUISHING CHARACTERISTICS

This class is the first supervisory level in the professional planning series. It is distinguished from the next lower class of Associate Planner through its supervisory duties, when assigned, and its responsibilities for the most complex planning projects. It is distinguished from the next higher class of Principal Planner as the latter is responsible for managing the Current/Zoning and Advance Planning Sections of the Planning Division, as assigned.

SUPERVISION RECEIVED AND EXERCISED

Receives direction from Chief of Planningthe Planning Manager, or higher level department personnel.

Exercises direct supervision over professional and other planning staff as assigned.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES -

Duties may include, but are not limited to, the following:

Implement goals, objectives, policies, and priorities.

Direct, coordinate, review, and participate in the work of professional and other planning staff in data collection, analysis, and implementation of a wide variety of planning, zoning, and environmental review activities.

Act as Zoning Administrator when assigned; supervise special planning, zoning, and environmental studies and plans; prepare oral and written reports and findings.

Perform the most complex and sensitive planning work.

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City of San Mateo
Senior Planner

Page 2 ends

Act as liaison and make oral and written reports to the Planning Commission, Development Review Board, City Council, and various citizen committees as assigned.

Coordinate planning activities with other City divisions and departments, and with outside local, regional, Federal and State agencies and provide assistance as needed.

Chair Development Review Board meetings as required.

Initiate recommendations for changes in codes, plans and policies.

Utilize expert knowledge in specific technical areas to serve as staff resource.

May assist in the preparation and administration of the annual budget.

Meet with and advise developers regarding development applications and processes; explain purposes, regulations, and directives of accepted development practices; complete processing of the most difficult and complex planning applications; advise staff on processing of applications.

Supervise, train, and evaluate assigned staff, when assigned.

QUALIFICATIONS

Knowledge of:

Specific technical areas applicable to planning.

Principles and practices of urban planning

Computer systems and applications.

Research methods.

Federal, State, and local laws relating to planning and housing.

Principles of administration and personnel management.

Ability to:

Acquire a thorough knowledge of Division policies and procedures, and a working knowledge of applicable Department and City policies and regulations.

Plan the work of professional and technical staff in compilation of technical and statistical data, research, and the preparation of plans and technical papers.

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City of San Mateo
Senior Planner

Page 3 ends

Establish and maintain effective working relationships with the public, other City personnel, and outside agencies.

Communicate clearly and concisely, orally and in writing.

Understand and interpret codes, plans, and policies.

Work independently and exercise good judgment.

Balance competing interests in preparing plans and reviewing applications.

Process the most complex and sensitive planning applications.

Prepare and analyze planning studies and clearly communicate findings of these studies.

Supervise, train, and evaluate assigned staff.

Experience and Training Guidelines

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Five years professional experience in the field of urban planning.

S, including some supervisory experience of staff, programs and/or administrative activities is desirable.

Training:

Equivalent to a Bachelor’s degree from an accredited college or university with major course work in planning or related field.

License or Certificate:

Possession of, or ability to possess, a valid, driver’s license.

Possession of certification from the American Institute of Certified Planners (AICP) is desirable.

ADA SPECIAL REQUIREMENTS:

Essential duties require the following physical abilities and work environment:

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City of San Mateo
Senior Planner

Page 4 ends

Ability to work in a standard office environment with some exposure to the outdoors

ADOPTED CC: 4-12-81
REVISED CC: 6-17-96, 9-18-06
FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2133
ABOLISHED:

51 of 657

PLAN CHECK SUPERVISOR

DEFINITION

To plan, organize, direct and supervise plan check operations within the Building Division; to coordinate assigned activities with other divisions; and to perform a variety of technical tasks relative to assigned area of responsibility.

SUPERVISION RECEIVED AND EXERCISED

Receives general direction from the Deputy Building Official or assigned qualified personnel.

Exercises direct supervision over assigned professional, technical, and administrative support staff.

EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following:

Recommend and assist in the implementation of goals and objectives; establish schedules and methods for plan check operations; implement policies and procedures; monitor code changes and update city practices as required.

Plan, prioritize, assign, supervise and review the work of staff involved in plan check operations.

Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities.

Participate in budget preparation and administration; prepare cost estimates for budget recommendations; monitor and control expenditures.

Participate in the selection of staff; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline procedures.

Conduct plan checks on commercial, industrial and residential buildings and structures; review plans calculations, reports and other documents for compliance of the adopted codes and ordinances.

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Receive and assess fees for new development and construction projects. Issue and process building permit applications.

Conduct field inspections as required.

Coordinate plan check activities with other City departments and with outside agencies.

Represents the Division at various boards, commissions, professional and community meetings.

Prepares administrative reports on building act ivities and performance on customer service standards.

Confer with homeowners, design professionals, builders and the public concerning building codes and permit requirements; investigate complaints and recommend corrective actions as necessary to resolve issues.

Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.

Foster an environment that embraces diversity, integrity, trust, and respect.

Be an integral team player, which involves flexibility, cooperation, and communication.

Perform related duties as assigned.

MINIMUM QUALIFICATIONS

Knowledge of:

Principles and practices of supervision, training and performance evaluations.

Principles, methods and practices of architecture or engineering and their applications on building plan review.

California Building Standards Codes, and applicable state laws and local ordinances.

Basic Planning and zoning codes and ordinances.

Recent developments, current literature and sources of information regarding technology, materials and methods of construction.

Principles and practices of budget monitoring.

Principles and practices of safety management.

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Pertinent local, state and federal laws, ordinances and rules governing engineering and architecture.

Ability to:

Establish and maintain effective working relationships with those contacted in the course of work.

Resolve conflict and issues with tact.

Organize, implement and direct plan check operations/activities.

Perform detailed analysis and examination of building design plans, calculations and related documents.

Interpret and explain pertinent plan check and department policies and procedures.

Assist in the development and monitoring of an assigned program budget.

Supervise, train and evaluate assigned staff.

Develop and recommend policies and procedures related to assigned operations.

Work with various cultural and ethnic groups in a tactful and effective manner.

Communicate clearly and concisely, both orally and in writing.

Experience and Training

Any combination equivalent to experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Three years of increasingly responsible experience in building design review and/or plan checking in a municipal environment, including one year providing technical and functional supervision over assigned personnel.

Training:

Equivalent to a Bachelor’s degree from a n accredited college or university with some course work in advance math, pre-engineering, building design, construction technology.

Bachelor degree with major coursework in civil, mechanical, or structural engineering, architecture or a related field is desirable.

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License or Certificates:

Possession of, or ability to obtain, a valid California driver’s license.

Possession of a Plans Examiner Certificate issued by the International Code Council, or other state, national or international association.

Possession of a Registration as a professional engineer or architect in the State of California is highly desirable.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to Typically, work is conducted in a standard office environment with ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, twist, climb, and lift 50carry 25 pounds; some (or limited) exposure to extreme noise, outdoors, confining work space, electrical hazards, vibration, chemicals, dust, toxic waste, and mechanical hazards., and explosive materials.

ADOPTED CC: 5-15-17
REVISED CC:

FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2092
ABOLISHED:

55 of 657

CITY OF SAN MATEO
4 4
9 4

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: 10-2313 File ID: 23-7996 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: October 16, 2023
SUBJECT:

Benefits Broker Services – Agreement
RECOMMENDATION:

Approve an agreement with Keenan and Associates for benefits broker services for a term beginning November 1, 2023 through October 31, 2028, in the cumulative amount of $160,000, and authorize Human Resources Director to execute the agreement in substantially the form presented.

BACKGROUND:

The City of San Mateo signed an agreement with ABD (now called Newfront) on August 1, 2012 with the option to renew annually. Newfront provides benefits broker service which includes assistance with strategic benefit planning, design, funding, administration, and communication with respect to their employee benefit programs.

We have used Newfront’s services for the past eleven years. Staff determined it was time to go back out to market and see what other options were available for benefit broker services. Staff utilized the Request for Proposal (RFP) process to research other vendors and the services they offer. The RFP was issued in April of this year, and we received five qualified responses. After interviewing the qualified firms, we selected Keenan and Associates as the best provider for the City.

Keenan and Associates will provide assistance with strategic benefit planning, design, funding, administration, and communication with respect to their employee benefit programs for the term of the agreement November 1, 2023 through October 31, 2028.

Staff recommends that City Council approve the Benefits Broker Agreement with Keenan and Associates.

BUDGET IMPACT:

The annual cost for each year of the agreement is $32,000, totaling $160,000 for the 5-year term. Sufficient funds are available in in the benefits administration budget.

ENVIRONMENTAL DETERMINATION:

This agreement 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 - Agreement

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CITY OF SAN MATEO
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STAFF CONTACT
Lorena Vargas, Senior Human Resource Analyst
[email protected]
(650) 522-7267

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AGREEMENT WITH KEENAN & ASSOCIATES

FOR BROKER SERVICES
FOR

EMPLOYEE BENEFIT BROKER SERVICES
This Agreement, made and entered into this day of , by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and KEENAN 7 ASSOCIATES a CALIFORNIA CORPORATION ("CONTRACTOR"), whose address is 2355 Crenshaw Blvd., Suite 200, Torrance, CA
RECITALS:

A. CITY desires certain Employee Benefit Broker services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

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

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on November 1, 2023 and be completed on October 31, 2028.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount of $32,000 annually, pursuant to rates stated in Exhibit B, attached and incorporated by reference, for a total amount not to exceed $160,000.

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

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

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

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

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

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

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.

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

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

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

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

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

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SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

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

To CITY: City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94033
To CONTRACTOR: Keenan & Associates
Attn: Laurie LoFranco
4204 Riverwalk Parkway, Suite 400
Riverside, CA 92505
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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

CITY OF SAN MATEO CONTRACTOR
Teresa Abrahamsohn
Director, Human Resources
Date Laurie LoFranco
Its Authorized Agent
Municipalities Practice Leader
Senior Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Bahareh Abdollahi
Assistant City Attorney
Date John Scatterday
President Employee Benefits
Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
Keenan shall provide the following Services:

1. Plan Review – Keenan shall review applicable benefit plan(s) and provide information and recommendations regarding insured and/or self-insured options, as requested by Client.

2. Insurance Needs Assessment – Keenan shall work with Client to determine Client’s insurance needs.

3. Insurance Marketing Plan – Review, evaluate and negotiate insurance renewals on Client’s behalf.

Keenan shall prepare and present to Client its plan for marketing Client to various carriers and/or Coverage providers. In furtherance of its plan, Keenan shall contact those markets that it has determined most likely to meet Client’s needs, as made known to Keenan, but shall not necessarily contact every available market for the particular Coverage being sought. In so far as practical, Keenan shall honor Client’s timely and reasonable requests to contact specific markets, but Keenan shall not be obligated to present Client to any carrier or Coverage provider which Keenan has determined would not be willing to quote Client’s business or would not give a competitive quote.

4. Insurance Marketing Results – Keenan shall present to the client, in summary format, information concerning all markets and carriers approached. The summary shall include, as applicable: name of carrier and Coverage providers approached, limits, premium, and deductible. The summary shall also include the names of any carriers or Coverage providers who declined to provide a quote.

5. Review of Insurance Options – Keenan shall present, along with the Marketing Results, a comparison summary highlighting the significant terms and/or differences among the various Coverages quoted.

This summary is provided for Client’s convenience only. It is Client’s responsibility to ask questions and to request any additional information that it deems necessary for it to make an informed decision regarding its insurance or self-insurance program.

6. Obtain Coverage – Once the Client has made its decision, Keenan shall take all steps necessary to communicate Client’s decision to the carrier selected and to have the carrier or other Coverage provider bind Coverage on behalf of the Client.

7. Implementation – Keenan shall assist Client in the preparation and distribution of materials relating to the implementation of its coverage, for which client shall give final approval.

8. Ongoing Service -- Keenan will provide the following Client support services:
–Continued analysis of benefit plan design and performance noting available alternatives as appropriate;
–Direction and support with claims resolution and other related issues; –Review of claims experience and trends;
–Support with billing/eligibility concerns;
–Acting as a liaison between Client and carriers and vendors and serving as a proactive Client advocate;
–Responding to day-to-day benefit questions from Client and its employees;

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–Assisting Client with governmental reporting and filings (e.g., 5500’s and Summary Annual Reports), as applicable;
–Providing information concerning current developments and trends in employee benefits and new legislation that may affect Client’s plans;
–Assisting in drafting, review and/or amendment of benefit plan and related documents.

Any document drafted or reviewed by Keenan and approved by Client under this Agreement shall apply solely to the plan year for which the Service was provided. They are not intended for use beyond the plan year for which they were created, reviewed or revised. Keenan shall not be held liable for any direct, punitive, special, consequential or incidental damages, loss of profit or revenue, loss of business, loss or inaccuracy of data or scope of insurance resulting from the continued use of such plan documents or SPD beyond the dates for which they were intended;
–Notwithstanding the foregoing, benefit guides shall not be part of the services contemplated herein, unless Keenan has explicitly agreed in writing to include them pursuant to the current agreement;
–Attending open enrollment (up to 4 days), orientation, health fairs, and/or question and answer meetings with Client’s employees, to be conducted during regular business hours by mutual agreement of the parties.
–Provide Benefit Guide.

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EXHIBIT B

PAYMENT RATES
The annual consulting fee for the services rendered under this Agreement for the period of term of this Agreement will be $32,000 annually effective November 1, 2023, billed to the client on a monthly basis for $2,666.67 due and payable upon presentation of the invoice. The annual renewal date is July 1 each year.

This consulting fee will be fixed for the term of this contract.

Any balance not paid within thirty (30) days following the date on the invoice shall be deemed late.

Interest on any late payment shall accrue as of the date of Keenan’s original invoice at the rate of (a) 1½ percent per month, or (b) the maximum interest rate permitted by applicable law, whichever is lower. Keenan shall have the right to suspend its Services if any balance owed by Client is more than sixty (60) days late.

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles 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.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 23-7978 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 16, 2023
SUBJECT:

Main Library Interior Painting Phase 1 – Contract
RECOMMENDATION:

Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. to paint the Main Library in the amount of $435,648.48; establish a contingency reserve in the amount of $14,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Main Library was built in 2006 and has provided resources and services to San Mateo County by offering a variety of media to meet the needs of individuals and groups for education, information, and personal development. The general lifespan for interior paint is twelve to fifteen years, so the facility is due for repainting. The project involves coordination with various library and community groups and involves phasing, relocation of collections, and shutdowns.

The scope of work for Phase 1 is limited to the building’s third floor, three parking garage levels and stairwells. The work includes furniture protection, safety barriers, scaffolding, repairs to damaged walls, installation of wall materials, scraping and sanding, removal and reinstallation of doors, priming and painting. The description was used to develop a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on call" contracting program that is procured through one umbrella or framework contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

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

In this case, a multi-step process was used to select Angeles Contractor, Inc. to perform the work, subject to Council approval. First, Sourcewell (formerly known as the National Joint Powers Alliance or NJPA) conducted a competitive proposal process to select The Gordian Group, Inc. (Gordian) to implement JOC on behalf of Sourcewell member agencies.

Second, Gordian competitively bids and administers the JOC process with the use of Gordian’s unit price book that will provide the best price to the City. This allows the City to complete required public improvements efficiently by eliminating

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CITY OF SAN MATEO
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the need to develop project specifications and eliminating solicitation of bids through a project-specific competitive bidding process. Here, Gordian used the JOC process to select Angeles Contractor, Inc., the low bidder and pre-qualified contractor selected to construct the improvement project.

With contract approval, the procurement of materials will begin in October 2023 with the work being performed through the end of 2023. Based on the above, staff recommends award of the contract to Angeles Contractor, Inc. because of their experience and availability to perform these services.

BUDGET IMPACT:

There is sufficient funding available in the Main Library Painting (46F016) project for the construction contract and contingency.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Contract

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO ANGELES CONTRACTOR, INC. FOR PHASE 1 INTERIOR PAINTING AT THE MAIN LIBRARY WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, Sourcewell (formerly known as NJPA) has conducted competitive bidding processes to select Gordian, Inc. (Gordian) to implement Job Order Contracting on behalf of their member agencies; and WHEREAS, the Job Order Contracting process allows for an umbrella construction contract to cover various and separate job orders during the life of the contract, and is beneficial for renovation, remodeling, or alterations where many small project tasks will arise, but the timing, type, and quantity of work are unknown; and
WHEREAS, Sourcewell and Gordian have conducted competitive bidding to select contractors to perform Job Order Contracting based on Gordian’s Unit Price Book; and WHEREAS, unit price books provide fixed unit prices used for establishing budgets for contractor services at member agencies; and
WHEREAS, use of Gordian’s Unit Price Book and contract provides a competitive price to the City and allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications or solicit bids for each minor project task; and WHEREAS, the City approved the Job Order Contracting as a competitive procurement method for construction services by resolution on March 18, 2019 upon findings that the Job Order Contracting process with Gordian is in the best interests of the City; and
WHEREAS, the Main Library Painting project is scoped to be priced using Gordian’s Unit Price Book; and WHEREAS, Angeles Contractor, Inc. was selected based on their experience and availability to perform construction services using the Gordian’s Unit Price Book; and WHEREAS, based on these circumstances, staff has determined that this is the best price available because companies have submitted competitive bids.

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

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

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

3. A construction contract is approved in the amount of $435,648.48 to Angeles Contractor, Inc. for Phase 1 Interior Painting at the Main Library, which includes the building’s third floor, three parking garage levels and stairwells.

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

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

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CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Angeles Contractor, Inc.
783 Phillips Drive
City of Industry, CA 91748
Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

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

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

The Project is generally described as follows:

1.Main Library Interior Painting which includes furniture protection, safety barriers, scaffolding, repairs to damaged walls, installation of wall materials, scraping and sanding, removal and reinstallation of doors, priming and painting.

2. The Site of the Work includes designated work areas described in greater detail in the Contract Documents but generally located at 55 W. 3rd Avenue, San Mateo, CA 94401.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

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

1. Architect: N/A

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

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

3. Engineer: N/A

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

5. Resident Project Representative - The authorized representative of Owner assigned to assist Owner at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. The RPR for this project is:
a. Steve Wu, City of San Mateo

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

B. Intent of Certain Terms or Adjectives:

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

C. Day:

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

D. Defective:

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

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

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

E. Furnish, Install, Perform, Provide:

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

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

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

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

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

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

1. This Contract.

2. Performance bond.

3. Payment bond.

4. Exhibits to this Contract (enumerated as follows):
a. Exhibit A – Scope of Work.
b. Exhibit B – Insurance Requirements for Construction Contracts.

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

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

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

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

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ARTICLE 3 - CONTRACT DOCUMENTS

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

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

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

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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

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

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B. Resolving Discrepancies:

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

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

3. In the event of a conflict that cannot be resolved by interpreting the Contract Documents as a single, integrated document and giving effect to each provision therein, the Contract Document higher in precedence shall control and supersede the Contract Documents lower in precedence in accordance with the following listing arranged from the highest to the lowest in precedence:
a. Change Order.
b. Addenda.
c. Contract.
d. Technical Specifications included as an Exhibit to this Contract. e. Drawings included as an Exhibit to this Contract.
f. Owner Standard Specifications.
g. Owner Standard Drawings.
h. National Joint Powers Alliance Book 4: Technical Specifications. i. National Joint Powers Alliance - Book 2: IQCC Standard Terms and Conditions and Contract General Conditions.
j. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document).
k. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
l. Notice to Bidder.
m. Instruction to Bidder.

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ARTICLE 4 - CONTRACT TIMES

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

4.02 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine and the parties agree that $1000 per day is a reasonable approximation of the Owner’s damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $1000 for each day that expires after the Contract Time for substantial completion.

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

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

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

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

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

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

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $435,648.48 for all Work.

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B. For any additional Work authorized by Owner, Owner shall pay Contractor in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price in the National Joint Powers Alliance - Book 3: Task Catalog times the actual quantity of that Work item completed. Actual quantities installed will be determined by the RPR.

ARTICLE 6 - BONDS AND INSURANCE

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

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

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

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and RPR, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs,

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losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

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

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

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

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

G. In accordance with Labor Code Section 1771, contractor must pay prevailing wages. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk’s office; however, errors or defects in the materials in the City Clerk’s office will not excuse a bidder’s failure to comply with the actual scale then in force. In accordance with Labor Code Section 1775, the statutory provisions for failure to pay prevailing wages will be enforced.

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

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

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

Contractor shall not require more than eight hours’ labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than one and one-half times the basic rate of pay.

Contractor shall forfeit as a penalty to Owner the sum of $25.00 for each laborer, workman, or mechanic employed in the execution of this contract by Contractor, or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Section 1810 and 1816, inclusive, of the Labor Code of the State of California.

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

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

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

N. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations. In accordance with Labor Code Section 1771.4, the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

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

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

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

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

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

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

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

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

Contractor shall give RPR prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If RPR determines that a change in the Contract

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Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

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

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

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

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

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

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

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

H. Shop drawings are not Contract Documents.

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

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

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

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the Work. Contractor will defend Owner, its elected and appointed officials, employees, and agents against any such claims. However, this provision does not apply to claims, loss, liability, damage, or expense arising from the sole negligence or willful misconduct of the Owner
ARTICLE 8 - OWNER’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

ARTICLE 9 - RPR’S STATUS DURING CONSTRUCTION

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

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

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

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

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

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

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

ARTICLE 10 - CHANGES IN THE WORK

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

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

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

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

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

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

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

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

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

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

1. Review the subsurface or physical condition in question;

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

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

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

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

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

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

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

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

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

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

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

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

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

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

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

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

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

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

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

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

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

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

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

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

ARTICLE 14 - PAYMENTS TO CONTRACTOR

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

14.02 Applications for Payments:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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

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

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

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

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

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

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

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

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

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

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

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

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

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

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

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

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

ARTICLE 17 - MISCELLANEOUS

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

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

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

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

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

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

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

17.08 No Partnership or Agency
A. Nothing in this Contract nor in the contract documents shall be deemed to constitute a partnership in law between Owner and Contractor, or any subcontractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

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

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

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

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

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

OWNER: CONTRACTOR:

By: Brad Underwood By: Young Kang
Title: Public Works Director Title: President
Address for giving notices: Address for giving notices:
330 West 20th Avenue 783 Phillips Drive
San Mateo, CA 94403 City of Industry, CA 91748
License No.: CA License # 858483
(where applicable)

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney

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EXHIBIT A

SCOPE OF WORK

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EXHIBIT B

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

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

18.02 Coverage shall be at least as broad as:

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

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

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

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

E.Surety Bonds as described below.

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

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

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

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

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

ARTICLE 19 - OTHER INSURANCE PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.08 Surety Bonds.

A. Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

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

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

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19.09 Special Risks or Circumstances.

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

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-4691 File ID: 23-7979 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 16, 2023
SUBJECT:

Beresford Tennis Court Resurfacing – Appropriation and Construction Contract RECOMMENDATION:

Adopt a Resolution to appropriate $180,000 from the Capital Project Fund reserve to fund the Beresford Tennis Court Resurfacing project; approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $160,193.67; establish a contingency reserve in the amount of $16,000 for a total amount not to exceed $176,193.67; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

Beresford Park consists of the Recreation Center, Garden Center, Change Building, Picnic Pavilion, Public Restrooms, and playing fields and courts. Beresford Park’s four tennis courts were originally constructed in 1967 and were last re-surfaced in 2017. As of July 2023, root damage, surface cracks and paint defects were visible due to normal deterioration which advanced rapidly through the wet weather events and heavy usage in early 2023.

This project was not on the list of funded projects for Fiscal Year 2023-2024. However, due to the level of patron input and the number of community programs that occur at these courts, Public Works Facilities were requested by the Parks and Recreation Department to provide immediate remediation. The scope of work involves scraping, repair and leveling of cracks, sealing the asphalt, and resurfacing. The description was used to develop a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on call" contracting program that is procured through one umbrella or framework contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

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

In this case, a multi-step process was used to select Angeles Contractor, Inc. to perform the work, subject to Council approval. First, Sourcewell (formerly known as the National Joint Powers Alliance or NJPA) conducted a competitive proposal process to select The Gordian Group, Inc. (Gordian) to implement JOC on behalf of Sourcewell member agencies.

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CITY OF SAN MATEO
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Second, Gordian competitively bids and administers the JOC process with the use of Gordian’s unit price book that will provide the best price to the City. This allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications and eliminating solicitation of bids through a project-specific competitive bidding process. Here, Gordian used the JOC process to select Angeles Contractor, Inc., the low bidder and pre-qualified contractor selected to construct the improvement project.

With contract approval, the construction will begin in October 2023 and be complete by November 2023. Based on the above, staff recommends award of the contract to Angeles Contractor, Inc. because of their experience and availability to perform these construction services.

BUDGET IMPACT:

The Capital Project Fund has a reserve, which is comprised of the unspent fund balance from completed CIP Projects originally funded by the General Fund. There are sufficient funds from this reserve to cover the appropriation of $180,000.

The budget includes the costs for the construction contract with Angeles Contractor, Inc., contingency, and staff time.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Contract

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $180,000 FROM THE CAPITAL PROJECT FUND TO

THE BERESFORD TENNIS COURT RESURFACING PROJECT AND APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO ANGELES CONTRACTOR, INC.

WHEREAS, the City Council recognizes the need to resurface the tennis courts at the Beresford Recreation Center to be compliant with the current codes and support public needs in the City of San Mateo; and
WHEREAS, funding will be needed to resurface the tennis courts at the Beresford Recreation Center; and WHEREAS, sufficient funds are available in the Capital Project fund to satisfy the funding needs; and WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, Sourcewell (formerly known as NJPA) has conducted competitive bidding processes to select Gordian, Inc. (Gordian) to implement Job Order Contracting on behalf of their member agencies; and WHEREAS, the Job Order Contracting process allows for an umbrella construction contract to cover various and separate job orders during the life of the contract, and is beneficial for renovation, remodeling, or alterations where many small project tasks will arise, but the timing, type, and quantity of work are unknown; and
WHEREAS, Sourcewell and Gordian have conducted competitive bidding to select contractors to perform Job Order Contracting based on Gordian’s Unit Price Book; and WHEREAS, unit price books provide fixed unit prices used for establishing budgets for contractor services at member agencies; and
WHEREAS, use of Gordian’s Unit Price Book and contract provides a competitive price to the City and allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications or solicit bids for each minor project task; and WHEREAS, the City approved the Job Order Contracting as a competitive procurement method for construction services by resolution on March 18, 2019 upon findings that the Job Order Contracting process with Gordian is in the best interests of the City; and
WHEREAS, the Beresford Tennis Court Resurfacing project is designed and documented to be priced using Gordian’s Unit Price Book; and

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WHEREAS, Angeles Contractor, Inc. was selected based on their experience and availability to perform construction services using the Gordian’s Unit Price Book; and WHEREAS, based on these circumstances, staff has determined that this is the best price available because companies have submitted competitive bids.

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

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

2. The Council authorizes an appropriation of $180,000 from the Capital Project Fund to the Beresford Tennis Court Resurfacing (46F039) Project.

3. The Job Order Contracting process, as approved by City Council on March 18, 2019, utilizing Gordian’s contract and Unit Price Book to award a construction contract to Angeles Contractor, Inc. is in the best interests of the City because it offers the best price to the City and allows the City to complete the resurfacing of the tennis courts at Beresford Recreation Center efficiently by eliminating the need to develop project specifications and eliminating the need for the solicitation of bids through a project-specific competitive bidding process.

4. A construction contract is approved in the amount of $160,193.67 to Angeles Contractor, Inc. for the Beresford Tennis Court Resurfacing (46F039) Project.

5. The Public Works Director is authorized to execute the contract on behalf of the City and issue change orders within the contingency amount.

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CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Angeles Contractor, Inc.
783 Phillips Drive
City of Industry, CA 91748
Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

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

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

The Project is generally described as follows:

1.Beresford Tennis Court Re-surfacing Project which includes demolition and disposal; crack sealing, grinding; painting; inspection; testing and closeout.

2. The Site of the Work includes designated work areas described in greater detail in the Contract Documents but generally located at 2720 Alameda de las Pulgas, San Mateo, CA 94403.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

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

1. Architect:

N/A

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

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rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

3. Engineer:

N/A

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

5. Resident Project Representative - The authorized representative of Owner assigned to assist Owner at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. The RPR for this project is:
a. Steve Wu, City of San Mateo

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

B. Intent of Certain Terms or Adjectives:

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

C. Day:

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

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or

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b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion.

E. Furnish, Install, Perform, Provide:

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

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

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

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

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

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

1. This Contract.

2. Performance bond.

3. Payment bond.

4. Exhibits to this Contract (enumerated as follows):
a. Exhibit A – Scope of Work.
b. Exhibit B – Insurance Requirements for Construction Contracts.

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

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

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

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

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b. Change Orders.
c. Field Orders.

ARTICLE 3 - CONTRACT DOCUMENTS

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

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

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

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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

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

B. Resolving Discrepancies:

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

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

3. In the event of a conflict that cannot be resolved by interpreting the Contract Documents as a single, integrated document and giving effect to each provision therein, the Contract Document higher in precedence shall control and supersede the Contract Documents lower in precedence in accordance with the following listing arranged from the highest to the lowest in precedence:
a. Change Order.
b. Addenda.
c. Contract.
d. Technical Specifications included as an Exhibit to this Contract. e. Drawings included as an Exhibit to this Contract.
f. Owner Standard Specifications.
g. Owner Standard Drawings.
h. National Joint Powers Alliance Book 4: Technical Specifications. i. National Joint Powers Alliance - Book 2: IQCC Standard Terms and Conditions and Contract General Conditions.
j. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document).
k. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
l. Notice to Bidder.

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m. Instruction to Bidder.

ARTICLE 4 - CONTRACT TIMES

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

4.02 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine and the parties agree that $1000 per day is a reasonable approximation of the Owner’s damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $1000 for each day that expires after the Contract Time for substantial completion.

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

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

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

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

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

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

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ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $160,193.67 for all Work.

B. For any additional Work authorized by Owner, Owner shall pay Contractor in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price in the National Joint Powers Alliance - Book 3: Task Catalog times the actual quantity of that Work item completed. Actual quantities installed will be determined by the RPR.

ARTICLE 6 - BONDS AND INSURANCE

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

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

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

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

7.07 Laws and Regulations; Taxes
A. Contractor shall give all notices required by and shall comply with all local, state, and federal Laws and Regulations applicable to the performance of the Work. Except where otherwise

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expressly required by applicable Laws and Regulations, neither Owner nor RPR shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

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

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

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

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

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

G. In accordance with Labor Code Section 1771, contractor must pay prevailing wages. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk’s office; however, errors or defects in the materials in the City Clerk’s office will not excuse a bidder’s failure to comply with the actual scale then in force. In accordance with Labor Code Section 1775, the statutory provisions for failure to pay prevailing wages will be enforced.

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

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

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

Contractor shall not require more than eight hours’ labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than one and one-half times the basic rate of pay.

Contractor shall forfeit as a penalty to Owner the sum of $25.00 for each laborer, workman,

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or mechanic employed in the execution of this contract by Contractor, or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Section 1810 and 1816, inclusive, of the Labor Code of the State of California.

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

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

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

N. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations. In accordance with Labor Code Section 1771.4, the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H. Shop drawings are not Contract Documents.

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

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

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7.13 Indemnification
A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and RPR, and the officials, employees, and agents, of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of RPR, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work. Contractor will defend Owner, its elected and appointed officials, employees, and agents against any such claims. However, this provision does not apply to claims, loss, liability, damage, or expense arising from the sole negligence or willful misconduct of the Owner
ARTICLE 8 - OWNER’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

ARTICLE 9 - RPR’S STATUS DURING CONSTRUCTION

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

B. Neither RPR’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by RPR in good faith either to exercise or not exercise

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such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by RPR, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by RPR to Contractor, any subcontractor, any supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

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

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

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

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

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

ARTICLE 10 - CHANGES IN THE WORK

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

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

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

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

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

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

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ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

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

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

1. Review the subsurface or physical condition in question;

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

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

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

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

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

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

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

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

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

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

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

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

12.02 Mediation
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reach by the parties but not more than 60 days, unless the maximum time is extended by the parties.

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

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

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

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

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

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

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

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

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

F. If the Work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work

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will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

ARTICLE 14 - PAYMENTS TO CONTRACTOR

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

14.02 Applications for Payments:

A. Contractor shall submit an application for payment in a form acceptable to the RPR, no more frequently than monthly, to RPR. Applications for payment will be prepared and signed by Contractor. Contractor shall provide supporting documentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment.

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

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

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

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

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

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

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

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

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

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

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

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

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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

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

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

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

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

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

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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

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

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

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

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

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

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

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

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

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

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

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ARTICLE 17 - MISCELLANEOUS

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

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

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

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

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

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

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

17.08 No Partnership or Agency
A. Nothing in this Contract nor in the contract documents shall be deemed to constitute a partnership in law between Owner and Contractor, or any subcontractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

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