Agenda packet, regular meeting — San Mateo City Council, November 6, 2023 (part 1 of 2)

CITY OF SAN MATEO
City Council Regular Meeting
November 6, 2023
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

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

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

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

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

To join via Zoom – click here:

November 6, 2023
To join via telephone: (408) 638-0968
Webinar ID: 891 1919 6231 Passcode: 583163
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. 60
Anniversary of the Sister City Relationship with Toyonaka – Presentation

2. Maya Nakamura – Proclamation

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

3. City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of October 16, 2023.

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

4. On-Call Public Works Plan Review Services – Agreements Approve individual on-call professional plan review service agreements through June 30, 2025, with up to two optional one-year extensions, with: CSG Consultants, Inc. in an amount not to exceed $400,000; Ghirardelli Associates, Inc. in an amount not to exceed $400,000; and West Coast Code Consultants, Inc. in an amount not to exceed $400,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and execute any future term extensions or amendments that do not change the not to exceed amount of the agreements.
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CEQA: The approval of these professional services agreements 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. Office of Traffic Safety – Appropriation and Grant Spending Plan Adopt a Resolution to approve a grant spending plan and appropriate funds for the Office of Traffic Safety Selective Traffic Enforcement Program grant totaling $210,000 and authorize the Chief of Police to accept and execute the agreement and expend the funds.

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

6. Peninsula Clean Energy Solar and Storage on Public Buildings Program – Customer Participation Agreement Authorize the City Manager to enter into a Customer Participation Agreement with Peninsula Clean Energy to evaluate solar potential at City buildings.

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

7. Wastewater Treatment Plant Transfer Pumps Improvements Project – Agreement Award an agreement to GSW Construction, Inc. for construction of the Transfer Pumps Improvements Project in an amount not to exceed $810,400; establish a contingency fund in an amount not to exceed $162,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

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

8. Dale Avenue Pumping Station Upgrade – Contingency Amendment Approve an increase to the contingency reserve associated with the Anvil Builders, Inc. construction contract for the Dale Avenue Pumping Station Upgrade project in the amount of $2,000,000 for a total contingency of $7,500,000; and authorize the Public Works Director to issue change orders within the contingency amount.

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

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

9. Citywide Street Reconstruction Phase 3 – Amendment
Approve Amendment No. 7 to the agreement with Wilsey Ham for engineering services during construction in an amount not to exceed $21,000 for a new agreement total of $594,874; and authorize the Public Works Director to execute the amendment in substantially the form presented.

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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. Construction Special Inspection Services for the Clean Water Program – Amendment Approve Amendment No. 2 for professional services with Signet Testing Laboratories, Inc. to provide as-needed construction special inspection services for various Clean Water Program projects; increase the agreement amount by $250,000 for a revised not to exceed total of $2,150,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

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

11. Integrated Supervisory Control and Data Acquisition System Evaluation and Improvement – Change Order Adopt a Resolution authorizing an alternate purchasing procedure to approve a Contract Change Order No. 1 with Enterprise Automation, LLC (EA) for the design, programming, configuration, installation, testing and maintenance of the Integrated Supervisory Control and Data Acquisition (SCADA) System in an amount not to exceed $158,352, for a total contract amount not to exceed $199,156; establish a contingency reserve of $30,000; 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 Council action is exempt from CEQA in that it can be seen with certainty that there is no possibility this activity will have a significant effect on the environment, because this activity relates to software technology support and improvements without any necessary physical changes that may impact the environment. (CEQA Guidelines Section 15061(b)(3).)

12. 375 2nd Avenue – Lease Agreement
Approve a lease agreement with Cold Stone Creamery Leasing, Inc. for a five-year term and five-year option, for the City-owned space at 375 2nd Avenue and authorize the City Manager to execute the lease in substantially the form presented.

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

13. On-Call Public Works Engineering Support Services – Agreements Approve individual on-call professional engineering support services agreements through June 30, 2026, with up to one optional one-year extension, with: BKF Engineers in an amount not to exceed $400,000; CSG Consultants, Inc. in an amount not to exceed $400,000; DKS Associates in an amount not to exceed $500,000; Fehr & Peers in an amount not to exceed $500,000; Krupka Consulting in an amount not to exceed $300,000; and W-Trans in an amount not to exceed $500,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and execute any future term extensions or amendments that do not change the not to exceed amount of the agreements.

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CEQA: The award of these professional services agreements 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).)

14. San Mateo Safety Management Association – Memorandum of Understanding Amendment Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo Safety Management Association for a term through June 21, 2026, and to approve a supplemental budget appropriation in the amount of $80,000.

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

15. Service Employees’ International Union Library Per Diem Unit – Memorandum of Understanding Changes Adopt a Resolution to amend the Memorandum of Understanding with the Service Employees’ International Union (SEIU) Local 521 Library Per Diem Unit for a term through June 21, 2026.

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

16. Service Employees’ International Union Library Merit Unit – Memorandum of Understanding Changes Adopt a Resolution to amend the Memorandum of Understanding with the Service Employees’ International Union (SEIU) Local 521 Library Merit Unit for a term through June 21, 2026.

17. Park and Recreation Commission Appointment Subcommittee – Youth Commissioner Recommendations Appoint Thomas Jacob Jelniker and Serene Audrey Li to the Park and Recreation Commission as Youth Commissioners for a term through November 6, 2024, and place Jaslene Mia Rodriguez and Charlotte Graham on an eligibility list for a period of one year should another Youth Commissioner vacancy on the Park and Recreation Commission occur.

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

18. Fallen Heroes Memorial at Central Park – Appropriation and Spending Plan Adopt a Resolution to approve a budget appropriation of $228,836.81 in the 2023-24 Capital Improvement Program budget from the San Mateo City Parks and Recreation Foundation as a result of the fundraising effort of the Fallen Heroes Memorial Committee for the Fallen Heroes Memorial project at Central Park; and authorize the Parks and Recreation Director to expend the funds for the site work construction contract, procure site furniture, plaques, and other related improvements, as needed, and to pay other fees associated to the project.

CEQA: This budget appropriation 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).)

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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.

19. Bay Meadows Phase II Development Agreement Extension Request – Ordinance Introduction Introduce an Ordinance to approve a three-year extension of the Bay Meadows Phase II Development Agreement.

CEQA: The City Council certified the Final Environmental Impact report (EIR) for the San Mateo Rail Transit- Oriented Development Corridor Plan and the Bay Meadows Phase II Specific Plan Amendment, in compliance with the California Environmental Quality Act (CEQA) on April 18, 2005. The City Council then approved the Bay Meadows Specific Plan Amendment, re-certified the Final EIR for that project, and adopted the findings and statement of overriding considerations on November 7, 2005. Because there are no substantial changes to the project and no new information has become available since the time of the EIR, no further CEQA analysis is required at this time (CEQA Statute and Guidelines Section 21166).

OLD BUSINESS

20. Wet Weather Preparations – Update
Receive an update on the City's wet weather preparations.

CEQA: This informational 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).)

21. Campaign Finance – Voluntary Expenditure Limit – Ordinance Introduction Introduce an Ordinance adding Section 2.80.055 “Voluntary Expenditure Limit” to San Mateo Municipal Code Chapter 2.80 “Contributions and Loans to City Candidate Campaigns,” amending various sections related to recall elections and aggregation of contributions, and adding a provision requiring the filing of campaign mass mailings if directed by the City Council; and provide direction to staff regarding candidate filing costs.

CEQA: This ordinance introduction 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).)

NEW BUSINESS

22. Building Security Code – Ordinance Introduction
Introduce an Ordinance adding Section 23.54.025 “Secured Building Access for Emergency Personnel” and Section 23.54.035 “Video Surveillance Systems” to Chapter 23.54 “Building Security Code.”

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

23. City Council Priority List – Progress Report
Review the progress report status updates of the City Council Priority List for fiscal year 2023-24.

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

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

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

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

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

During the meeting
By Zoom:

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

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

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

ACCESSIBILITY:

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-8179 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: November 06, 2023
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of October 16, 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 2023-10-16 Special
Att 2 - Minutes 2023-10-16 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

October 16, 2023
City Hall Council Chambers 5:00 PM
Special Meeting

CALL TO ORDER
Roll Call

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

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 Organizations: San Mateo Safety Management Association and Service Employees International Union (SEIU) Local 521 Library Merit
The City Council reconvened into open session at 5:50 p.m.

STUDY SESSION

2. Charter Amendments - Study Session
Prasanna Rasiah, City Attorney, provided a presentation on proposed City Charter amendments addressing how the Mayor is chosen, filling Council vacancies, district elections, and other revisions. The Council asked questions of staff. Public Comment – Seema Patel asked for clarification of some language. The City Council by consensus directed to pursue staff’s recommendation.

Following item #2, the meeting adjourned at 7:07 p.m. to convene the Regular Meeting. This special meeting reconvened at 11:42 p.m. to consider Study Session Item #3.

3. Hate Speech and Remote Public Comment during Public Meetings Prasanna Rasiah, City Attorney discussed the recent occurrence of hate speech through remote public comment during the October 2, 2023 City Council meeting and requested Council direction on any potential remote public comment procedural changes. Council asked questions of staff. Public Comment: Seema Patel spoke in support of maintaining public comment. The City Council by consensus directed to keep remote public comments as currently designed.

ADJOURNMENT –The meeting adjourned at 12:00 a.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
October 16, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:15 p.m.

Pledge of Allegiance
Roll Call

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

CEREMONIAL

1. Chris Eckert – Title Sponsor Music in the Park – Proclamation - Chris Eckert received the proclamation

2. Domestic Violence Awareness Month – Proclamation - Karen Ferguson, CORA, received the proclamation

3. Fire Prevention Week – Proclamation - Kent Thrasher, Fire Chief, received the proclamation

CONSENT CALENDAR
The following items, 4 through 11, were considered to be routine by the City Council. 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: Loraine, Seconded: Newsom
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None

4. City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of September 18, 2023 and October 2, 2023.

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.

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.

Enactment: Resolution No. 108 (2023)

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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.

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.

Enactment: Resolution No. 109 (2023)

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.

Enactment: Resolution No. 110 (2023)

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 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.

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.

Enactment: Resolution No. 111 (2023)

PUBLIC COMMENT
Elizabeth Stone spoke to the Israel war and threats to Jewish people. Jen Kilroy spoke on the need to fix Prop 19 and bring back protections that were lost in 2020. Irena Mavridis spoke to small cell proliferation. Wayne Swinyer stated need to stop the cell towers and suggested to put them on the high voltage lines out in the bay and not in neighborhoods.

PUBLIC HEARING

12. Community Flood and Storm Protection Fee Public Hearing and Potential Mail Balloting Jimmy Vo, Public Works Senior Engineer, and Chris Coulter, SCI Consulting Group, provided a presentation on the steps taken to date and need for funding for flood and storm protection. Council asked questions of staff.

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The Mayor opened the Public Hearing.

Public Comment – Amy Jussell noted that the entire community should be all in this together. Maria Godfrey strongly supports community flood protection initiative. Nicki Harte spoke of the multitude of problems following storms. Jeff Lamonte indicated he has seen firsthand the effects of lack of attention to storm water infrastructure.

Alex Cwirko-Godicki commented on the importance of passing this initiative noting several spots in the Village were significantly impacted noting this is not just lagoon issue, not just east of San Mateo issue. Jordan Grimes spoke in favor of the initiative, invest now to secure the future.

The Mayor closed the Public Hearing. The Deputy City Clerk read the following statement:
“We have tallied all of the written protests to the proposed Community Flood and Storm Protection Fee and there were approximately 28,994 notices mailed to Property Owners on the tax roll and a majority would require one more than half that number 14,498. The number of valid protests received is 54. Based on that, it is clear that a majority of owners have not protested the fee and the Council is free to take action on this item.” Motion to 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. Motion passed 5-0.

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

Enactment: Resolution No. 112 (2023)
Council recessed from 9:23 p.m. to 9:37 p.m.

OLD BUSINESS

13. Draft General Plan 2040 – Circulation; Public Services and Facilities; and Safety Elements Zach Dahl, Acting Community Development Director, and Joanna Jansen, Placeworks, provided an informational overview of the Draft General Plan 2040. Council asked questions of staff.

Public Comment – Ken Abu stated the importance of reducing traffic through public transportation and safe alternatives for bikes and pedestrians. David Light discouraged reclassifying Fifth and Ninth Avenues to arterials.

Laurie Watanuki stated concern with reclassifying streets to arterials and requested a trial with speed humps.

Laura Wood appreciated the amount of public outreach but would like more future neighborhood development included in the plan and not just along transit corridors. Erica Powell expressed concern with arterial streets as it would reduce the ability for traffic calming in affected neighborhoods. Christine Padilla, Build Up San Mateo County Director, expressed concern regarding the need for more child care facilities.

Council discussion ensued and expressed appreciation for staff’s efforts.

Council recessed from 9:23 p.m. to 9:37 p.m.

14. Citywide Complete Streets Plan – Update
Sue-Ellen Atkinson, Principal Transportation Planner, and Susie Hufstader, Senior Transportation Planner with Fehr & Peers Consulting Firm, provided an update on the San Mateo Citywide Complete Streets Plan. Council asked questions of staff.

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Public Comment – there were no speakers.

Council provided direction and feedback to staff.

NEW BUSINESS

15. City Manager, City Attorney, Department Head and Deputy Director Compensation Plan – Amendment City Manager Alex Khojikian provided a presentation on the recommended final action on changes to the salary for the Assistant City Manager classification effective October 29th, 2023, with the recommended action to be increased by 13%. Council asked questions of staff.

Public Comment – there were no speakers.

Motion to Adopt a Resolution to amend the Compensation Plan to include salary increases for the Assistant City Manager, effective October 29, 2023. Motion passed 5-0.

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

Enactment: Resolution No. 113 (2023)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council members commented on community concerns. Council expressed sentiments on the recent events in the Israeli- Palestinian conflict.

ADJOURNMENT –The meeting adjourned in honor of the victims of the Israel war, with the Mayor reading the “Candle for Peace” poem, at 11:41 p.m. to go back to the special meeting at 11:42 p.m.

APPROVED BY: SUBMITTED BY:

Amourence Lee, 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: 4 Section Name: CONSENT CALENDAR Account Number: 26-4662 File ID: 23-7985 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 6, 2023
SUBJECT:

On-Call Public Works Plan Review Services – Agreements
RECOMMENDATION:

Approve individual on-call professional plan review service agreements through June 30, 2025, with up to two optional one-year extensions, with: CSG Consultants, Inc. in an amount not to exceed $400,000; Ghirardelli Associates, Inc. in an amount not to exceed $400,000; and West Coast Code Consultants, Inc. in an amount not to exceed $400,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and execute any future term extensions or amendments that do not change the not to exceed amount of the agreements.

BACKGROUND:

The Public Works Department (“PW”) provides plan review services within the Transportation Engineering Division during the Planning Entitlement, Building Permit, Encroachment Permit, and Mapping review processes. Currently, these services are provided by staff, with the exception of mapping services currently provided by a consultant surveyor. The City is required to abide by State-required deadlines for these review processes; failure to meet these deadlines may result in the invocation of the Permit Streamlining Act for Planning Entitlements or certain building permits being deemed approved, such as Accessory Dwelling Units.

Due to the high volume of complex development the City is currently experiencing and limited staff availability, these plan review services are difficult to provide in a timely manner that meets the required deadlines. To meet the required review turnaround times, PW proposes transitioning to consultant reviewers as a staff supplement and thereby increase the Division’s capacity in providing these services.

PW issued a request for qualifications (“RFQ”) in August 2023 to solicit multiple firms capable of providing plan review services on an on-call basis. The RFQ identified two (2) tasks where PW was seeking plan review support services and allowed interested firms to submit statements of qualifications for any or both of those identified areas. The two areas identified were: Plan Review services including Mapping review, and Administrative Support services.

In total, PW staff received responses from five (5) firms and evaluated those submissions based on the firms’ experience in public agency plan review, the proposed consultants’ staff qualifications, and the pricing structure. Ultimately, PW staff utilized those criteria and follow-up interviews identifying three firms for Council to consider awarding agreements for on- call professional plan review services. The firms selected by PW staff are:
•CSG Consultants, Inc.
•Ghirardelli Associates, Inc.
•West Coast Code Consultants, Inc.

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CITY OF SAN MATEO
4 4
8 3
These firms will each enter into separate agreements with the City for approximately two-year terms ending on June 30, 2025, with up to two optional one-year extensions pending a performance review by staff.

BUDGET IMPACT:

Historical costs associated with these services as provided by staff amounted to approximately $350,000 per fiscal year.

The support services provided by these consultant firms will be charged to planning application trust accounts as services are incurred. The trust accounts are funded by the project developer receiving these services.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement with CSG Consultants
Att 2 – Agreement with Ghirardelli Associates
Att 3 – Agreement with West Coast Code Consultants

STAFF CONTACT
Jason Hallare, Senior Engineer
[email protected]
650-522-7316

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AGREEMENT WITH CSG CONSULTANTS, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL PUBLIC WORKS REVIEW SUPPORT SERVICES

This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CSG Consultants, Inc., a corporation, (“CONSULTANT”), whose address is 550 Pilgrim Drive, Foster City, CA 94404.

RECITALS:

A. CITY desires certain development plan review services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

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

SECTION 2 - DUTIES OF CONSULTANT

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

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

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

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

SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

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

SECTION 4 - TERM

The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on June 30, 2025, with up to two (2) optional one-year extensions by the CITY.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT in an amount not to exceed $400,000.00, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION

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

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

SECTION 7 - OWNERSHIP OF DOCUMENTS

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

SECTION 8 - CONFIDENTIALITY

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

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SECTION 9 - INTEREST OF CONSULTANT

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

SECTION 10 - CONSULTANT'S STATUS

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

SECTION 11 - INDEMNITY

Indemnity for Design Professional Services. CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.

Indemnity for Activities Other Than Design Professional Services. CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of non-design professional services under this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE

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

SECTION 13 - NON-ASSIGNABILITY

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

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SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

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

SECTION 15 - WAIVERS

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

SECTION 16 - SEVERABILITY

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

SECTION 17 - COSTS AND ATTORNEY FEES

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

SECTION 18 - NON-DISCRIMINATION

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

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SECTION 19 - MEDIATION

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

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

SECTION 20 - LITIGATION

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

SECTION 21 - NOTICES

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

To CITY: Jason Hallare, Senior Engineer
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403

To CONSULTANT: CSG Consultants, Inc.

Attn: Hatem Ahmed
550 Pilgrim Drive
Foster City, CA 94404

SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

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

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

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SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT

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

SECTION 24 - GOVERNING LAW AND VENUE

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

[SIGNATURE PAGE FOLLOWS]

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

CITY OF SAN MATEO

CONSULTANT

Brad Underwood
Interim Director of Public Works

Date Cyrus Kianpour
President

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

APPROVED AS TO FORM

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Nourdin Khayata
Secretary

Date

Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES

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 Category #1 – Plan Review Services
o Planning:
 Perform complete plan review of entitlement packages which may include traffic, utility, and geotechnical studies and conceptual site plans, grading and drainage plans, utility plans, stormwater treatment, traffic signals, photometrics, and turning simulations as well as tentative maps, easements, dedications, and vacations.
 Draft comment letters for incomplete or unclear plans and proposed plans that do not conform to City Municipal Code or City Standards.
 Draft conditions of approval based on the entitlement packages and applicable mitigation measures.
o Building & Encroachments:
 Perform complete plan reviews for building permits and encroachment permits (which are typically reviewed together in the City) for conformance to conditions of approval, City Municipal Code, and City Engineering Standards. Such reviews may include hardscape, grading, drainage, utilities, stormwater treatment, stormwater pollution prevention, traffic, parking, bike & pedestrian facilities, accessibility, haul routes, and construction best management practices.
 Review of final or updated versions of traffic, utility, or geotechnical studies as they pertain to the scopes related to Public Works review.
 Drafting comment letters based on plan reviews.
 Review of applicants’ Engineer’s Estimates.
 Impact fee calculations for the City’s Wastewater Capacity Charge and Transportation Impact Fee.
o Survey & Mapping:
 Perform technical survey review for material requiring a licensed surveyor including but not limited to Final Maps, Parcel Maps, Easement grants, and Certificate of lot conformance.  Draft comment letters based on survey review.
 Sign maps as the City’s technical reviewer for material reviewed. o Attend Design Review Board meetings as necessary to provide technical advice to staff or seek clarification on standards and policies from staff.
 Category #2 – Administrative Services
o Provide permit technician review of minor encroachment or building permit reviews. o Administer the Small Cell program
 Coordinate wireless permit reviews between applicant and reviewer.  Monitor wireless permit shotclocks and status

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EXHIBIT B

FEE RATES

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CSG PROPOSAL TO THE CITY OF SAN MATEO
LAND DEVELOPMENT SERVICES FOR FY 2023-2025
19 Fee Schedule
CSG Consultants’ services are billed on a time-and-materials basis according to our Standard Rates, shown below.

PROFESSIONAL ENGINEERING SERVICES HOURLY RATE
Engineering Trainee $80
Administrative Assistant $90
Analyst $150
Engineering Designer/CASp Inspection & Consultation $160 Construction Inspector $175
Senior Analyst $175
Assistant Resident Engineer $190
Assistant Engineer $165
Associate Engineer $195
Senior Construction Inspector $195
Senior Engineer $220
Senior Land Surveyor $220
Resident Engineer $240
Structure Representative $240
Senior Structural Engineer $245
Senior Project Manager $245
Principal Engineer $260
Senior Principal Engineer $280
Two-Person Survey Crew $365

SUSTAINABILITY PROGRAM MANAGEMENT SERVICES HOURLY RATE
Sustainability Program Analyst $150
Sustainability Program Senior Analyst $180
Sustainability Program Manager $210
All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers’ compensation insurance, travel and office expenses. CSG will coordinate the pickup and return of plans between CSG and agency offices. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will mail/email an invoice every month for services rendered during the previous month.

S E C T I O N

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate

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

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

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

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

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

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

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

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

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

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

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AGREEMENT WITH GHIRARDELLI ASSOCIATES, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL PUBLIC WORKS REVIEW SUPPORT SERVICES

This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Ghirardelli Associates, Inc., a corporation, (“CONSULTANT”), whose address is 2055 Gateway Place, Suite 470, San Jose, CA 95110.

RECITALS:

A. CITY desires certain development plan review services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

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

SECTION 2 - DUTIES OF CONSULTANT

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

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

SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

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SECTION 4 - TERM

The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on June 30, 2025, with up to two (2) optional one-year extensions by the CITY.

SECTION 5 - PAYMENT

SECTION 6 - TERMINATION

SECTION 7 - OWNERSHIP OF DOCUMENTS

SECTION 8 - CONFIDENTIALITY

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SECTION 9 - INTEREST OF CONSULTANT

SECTION 10 - CONSULTANT'S STATUS

SECTION 11 - INDEMNITY

The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE

SECTION 13 - NON-ASSIGNABILITY

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SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

SECTION 15 - WAIVERS

SECTION 16 - SEVERABILITY

SECTION 17 - COSTS AND ATTORNEY FEES

SECTION 18 - NON-DISCRIMINATION

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SECTION 19 - MEDIATION

SECTION 20 - LITIGATION

SECTION 21 - NOTICES

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

To CITY: Jason Hallare, Senior Engineer
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403

To CONSULTANT: Ghirardelli Associates, Inc.

Attn: Stephen Tovmassian
2055 Gateway Place, Suite 470
San Jose, CA 95110

SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

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

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

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SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT

SECTION 24 - GOVERNING LAW AND VENUE

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

[SIGNATURE PAGE FOLLOWS]

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

CITY OF SAN MATEO

CONSULTANT

Brad Underwood
Interim Director of Public Works

Date Randall Bruner
President / CEO

Date

APPROVED AS TO FORM

Linh Nguyen
Assistant City Attorney
Date

Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

FEE RATES

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Land Development Services for Fiscal Years 2023-2025 | 20 Fee Schedule
2023 Municipal Engineering Services Hourly Rates

Classification

2023 Hourly Rate
Senior Principal Engineer
$280
Principal Engineer $260
Senior Project Manager $245
Project Manager $220
Senior Engineer $220
Associate Engineer $195
Assistant Engineer $165
Senior Management Analyst $175
Management Analyst $150
Administrative Assistance $90
Engineering Trainee $80
Construction Inspector $172 - $225
Office Engineer $113 - $175

1) Services are billed on a time-and-materials basis. All hourly rates include overhead costs. Overtime services provided outside of normal business hours will be billed at 1.5x the applicable rate. 2) Any extensive reproduction or delivery service charges shall be billed at actual. 3) Construction inspection activities are subject to prevailing wage requirements. 4) Per prevailing wage requirements, a shift differential is for any covered work shift beginning after 2pm 5) Rates valid until 12/31/2023. Annual rate escalation is 5%.

SECTION F

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Land Development Services for Fiscal Years 2023-2025 | 21 Section F: Fee Schedule

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EXHIBIT C

INSURANCE REQUIREMENTS

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate

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

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

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

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AGREEMENT WITH WEST COAST CODE CONSULTANTS, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL PUBLIC WORKS REVIEW SUPPORT SERVICES

This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and West Coast Code Consultants, Inc., a corporation, (“CONSULTANT”), whose address is 5000 Executive Parkway, Suite 510, San Ramon, CA 94583.

RECITALS:

A. CITY desires certain development plan review services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

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

SECTION 2 - DUTIES OF CONSULTANT

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

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

SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

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SECTION 4 - TERM

The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on June 30, 2025, with up to two (2) optional one-year extensions by the CITY.

SECTION 5 - PAYMENT

SECTION 6 - TERMINATION

SECTION 7 - OWNERSHIP OF DOCUMENTS

SECTION 8 - CONFIDENTIALITY

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SECTION 9 - INTEREST OF CONSULTANT

SECTION 10 - CONSULTANT'S STATUS

SECTION 11 - INDEMNITY

The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE

SECTION 13 - NON-ASSIGNABILITY

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SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

SECTION 15 - WAIVERS

SECTION 16 - SEVERABILITY

SECTION 17 - COSTS AND ATTORNEY FEES

SECTION 18 - NON-DISCRIMINATION

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SECTION 19 - MEDIATION

SECTION 20 - LITIGATION

SECTION 21 - NOTICES

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

To CITY: Jason Hallare, Senior Engineer
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403

To CONSULTANT: West Coast Code Consultants, Inc.

Attn: Maurice Kaufman
5000 Executive Parkway, Suite 510
San Ramon, CA 94583

SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

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

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

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SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT

SECTION 24 - GOVERNING LAW AND VENUE

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

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and WEST COAST CODE CONSULTANTS, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONSULTANT

Brad Underwood
Interim Director of Public Works

Date Giyan Senaratne
President / CEO

Date

APPROVED AS TO FORM

Linh Nguyen
Assistant City Attorney
Date

Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES

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Professional Services Page 9 of 11
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EXHIBIT B

FEE RATES

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Teaming with Your Community to Make a Difference | www.WC-3.com 11 Fee Schedule Fiscal Year 2023 / 2024

PROPOSED SCHEDULE OF FEES - LAND DEVELOPMENT SERVICES
HOURLY RATES*
Principal $247.00 / Hour
CASp Plans Examiner $237.00 / Hour
Project Manager $216.00 / Hour
Land Surveyor $206.00 / Hour
Traffic Engineer $206.00 / Hour
Structural Engineer $206.00 / Hour
Senior Civil Engineer $206.00 / Hour
Associate Civil Engineer $180.00 / Hour
Assistant Engineer and Plan Reviewer $155.00 / Hour
Public Works Inspector (Prevailing Wage - Daytime Hours)** $187.00 / Hour Public Works Inspector (Prevailing Wage - Evening Hours)** $201.00 / Hour Administrative Assistant / Permit Technician $90.00 / Hour Courier / Delivery Expenses Included
Reimbursable Expenses At Cost + 10%
Mileage Expenses Staff Hourly Rate + IRS Standard Rate
Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2024. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.

Electronic Plan Review - Electronic plan review services will be performed for plan review services facilitated off-site at WC3 office locations.

WC3 will automatically coordinate all processes.

Prevailing Wage Assignments - Prevailing wage assignment rate submitted to the jurisdiction is based on the latest State of California’s Department of Industrial Relations (DIR) rate determination. This rate may vary per any new DIR rate determination.

Inspection Services - If, or when services are necessary, a four (4) hour minimum is required for all requested Public Works Inspections.

Overtime - Inspection services in excess of forty (40) hours a week (overtime, holiday, weekend work, etc.) will be invoiced as follows:
• Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than forty (40) hours a week, more than eight (8) hours a day or more than six (6) consecutive days in a week • Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work. • Holidays and Weekends – Two hundred percent (200%) of regular rates.

Reimbursable Expenses - Reimbursable expenses (i.e., specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up.

Courier / Delivery Expenses - Should the need arise, WC3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost.

Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Inspectors. Reimbursements for mileage are applicable to the staff hourly rate plus the Internal Revenue Service’s (IRS) standard mileage rate.

Invoicing Procedures - At the beginning of each month, WC3 will furnish the City an invoice and a statement of work performed for compensation during the preceding month.
*
**

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EXHIBIT C

INSURANCE REQUIREMENTS

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate

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

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

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

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CITY OF SAN MATEO
4 5
0 2

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: 20-5150 File ID: 23-8087 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: November 06, 2023
SUBJECT:

Office of Traffic Safety – Appropriation and Grant Spending Plan RECOMMENDATION:

Adopt a Resolution to approve a grant spending plan and appropriate funds for the Office of Traffic Safety Selective Traffic Enforcement Program grant totaling $210,000 and authorize the Chief of Police to accept and execute the agreement and expend the funds.

BACKGROUND:

For several years, the federal and state governments, through the National Highway Traffic Safety Administration and the California Office of Traffic Safety, have awarded yearly grants to the San Mateo Police Department. The grants come with very specific spending criteria and require a resolution to approve the spending plans and appropriate the funds.

The success of this program hinges on high-profile enforcement and public awareness. The grant funds will enable the Police Department to conduct DUI checkpoints, DUI saturation patrols, targeted speed enforcement, red light enforcement, distracted driver enforcement, and other specialized enforcement programs. The funds will assist the Police Department in focusing its efforts on the primary collision factors (PCF’s) that lead to collisions.

The strategies used by the City of San Mateo will involve the “Three E’s” of traffic safety – Education, Enforcement, and Engineering, to further our City’s efforts towards reducing injury accidents. Specifically, for the Education component, SMPD traffic officers will conduct safety talks for seniors, as well as school age children regarding pedestrian and bicycle safety. For the Enforcement component, SMPD traffic officers will continue targeted enforcement at problem locations where injury collisions, especially auto-pedestrian collisions, have occurred in the past. For the Engineering component, SMPD will continue collaboration with the Public Works Department regarding engineering and design responses to problem locations. This involves meetings with Public Works personnel twice a month for study and implementation of new strategies to improve pedestrian safety.

The Office of Traffic Safety funds will primarily be used to staff overtime details for traffic enforcement and distracted driving enforcement with the objective of decreasing injury collisions and the threat of auto-pedestrian collisions. Other uses of the funds will include addressing DUI drivers through the staffing of DUI checkpoints and DUI saturation details, as well as the purchase of equipment including a DUI trailer and related supplies.

SMPD will also continue its collaboration with county-wide Selective Traffic Enforcement Program (STEP) programs whereby officers work with other San Mateo County law enforcement agencies as part of a traffic enforcement strike team that focuses on two cities at a time conducting high-profile enforcement at high-collision locations. SMPD officers will continue proactive traffic enforcement during National Distracted Driving Awareness Month in April, the Click it or Ticket Campaign in May, and the AVOID (DUI Enforcement) operations throughout the year.

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CITY OF SAN MATEO
4 5
0 2
Finally, to comply with grant requirements, SMPD will issue press releases, including using NIXLE, Nextdoor, Twitter, Instagram, and Facebook over the grant term calling attention to the innovative program strategies and outcomes in furtherance of the grant and to enhance overall traffic safety. These will include a press release announcing the grant award and other press releases that call attention to proactive enforcement efforts against DUIs, basic traffic and motorcycle safety, and strategies to combat future auto-pedestrian collisions.

BUDGET IMPACT:

The Office of Traffic Safety Selective Traffic Enforcement Program (STEP) grant requires no matching funds and covers all contract and equipment expenditures. There is no impact to the General Fund and once appropriated, $210,000 in funds will be added to the Police Grant (Fund 200) budget.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Grant Agreement

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Craig Collom, Traffic Sergeant
[email protected]
(650) 522-7742

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROPRIATING FUNDS AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE GRANT AGREEMENT TO

EXPEND THE OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT FUNDS TOTALING $210,000
WHEREAS, the Office of Traffic Safety (OTS) has awarded the City a grant totaling $210,000 through its Selective Traffic Enforcement Program (STEP) for local law enforcement traffic control/safety purposes; and WHEREAS, OTS requires that recipient cities adopt resolutions to appropriate funds, which would be reimbursed through the grant, and authorize the expenditure of STEP grant monies.

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

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

2. The appropriation of $210,000 in Selective Traffic Enforcement Program grant funds to the police grant fund budget is approved.

3. The grant spending plan is approved, and the Chief of Police is authorized to accept and execute the Office of Traffic Safety Selective Traffic Enforcement Program grant agreement and to expend the Office of Traffic Safety Selective Traffic Enforcement Program grant funds for traffic control/safety purposes.

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24179

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
San Mateo From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
San Mateo Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $210,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Craig Collom

Traffic Sergeant

[email protected]

(650) 522-7742

200 Franklin Pkwy
San Mateo, CA 94403
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ed Barberini

Chief

[email protected]

(650) 522-7600

200 Franklin Pkwy
San Mateo, CA 94403

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Karen Huang

Interim Finance Director

[email protected]

(650) 522-7110

330 W. 20th Ave.

San Mateo, CA 94403
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $51,000.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $20,400.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $99,000.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $39,600.00

AGREEMENT
TOTAL $210,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$210,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $210,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

R92YFGVKF6B4

330 West 20th Ave
San Mateo
94403-1338
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24179

1. PROBLEM STATEMENT
The area to be served by this grant is the City of San Mateo, the second largest city in San Mateo County, which is located between San Francisco and San Jose on the San Francisco Peninsula. The City has a residential population of approximately 105,661 (US Census Estimate for July 1, 2021), and a significant daytime transitory population of employees and customers working at or frequenting many of the businesses and shopping districts in the City. Included among this is a vibrant downtown shopping area that employs many workers and attracts many visitors. It is surrounded by many large, multi-story, apartment and condominium buildings that are occupied by primarily elderly citizens. This is reflected by a higher percentage than the state average in persons over the age of 65 (San Mateo: 16.5%; statewide:

14.8% - US Census ). In other parts of the City, large scale new developments are under way, attracting additional future residents to the City of San Mateo, which will significantly add to the City’s population in the coming years.

In the past, San Mateo experienced an alarming increase in the number of elderly victims killed and injured in traffic crashes, both as drivers and pedestrians, with the highest increase being among pedestrians. In 2014, the City of San Mateo had 54 crashes involving pedestrians with one (1) pedestrian fatality. In 2015, the City of San Mateo had 54 crashes involving pedestrians and no fatalities. In 2016, the City of San Mateo had 41 crashes involving pedestrians and no fatalities. In 2017, the City of San Mateo had 56 crashes involving pedestrians and two (2) fatalities. In 2018, the City of San Mateo had 66 crashes involving pedestrians and one (1) fatalities. In 2019, the City of San Mateo had 63 crashes involving pedestrians and one (1) fatality. In 2020, the City of San Mateo had 36 crashes involving pedestrians and one (1) fatality. In 2021, the City of San Mateo had 27 crashes involving pedestrians and one (1) fatality. In 2022, the trend is dropping and we had an 18.5% reduction in crashes involving pedestrians and a 100% reduction in fatalities, zero (0). San Mateo has had a 66.6% decrease in pedestrian related crashes since our peak in 2018.

Our goals, with the financial assistance of OTS grant funds will include continued efforts on reducing pedestrian crashes and remaining at zero fatalities. This can only be achieved through constant and continuous awareness messaging, ongoing educational programs, and unwavering enforcement. Without STEP Grant funds, these goals will be challenging to achieve.

In 2014 the San Mateo Police Department made 426 DUI related arrests. The City had 82 DUI related vehicle crashes, 14 of these crashes had injuries, and one (1) fatality.

In 2015, the San Mateo Police Department had 278 DUI related arrests. The City had 61 DUI related vehicle crashes with eight (8) injuries and no (zero) fatalities.

In 2016, the San Mateo Police Department had 276 DUI related arrests. The City had 79 DUI related vehicle crashes, 22 of these crashes had injuries, and no (zero) fatalities.

In 2017, the San Mateo Police Department had 229 DUI related arrests. The City had 100 DUI related vehicle crashes, 23 of these crashes had injuries, and no (zero) fatalities.

In 2018, the San Mateo Police Department had 150 DUI related arrests. The City had 107 DUI related vehicle crashes, 33 of these crashes had injuries, and no (zero) fatalities.

In 2019, the San Mateo Police Department had 134 DUI related arrests. The City had 93 DUI related vehicle crashes, 26 of these crashes had injuries, and no (zero) fatalities.

In 2020, the San Mateo Police Department had 164 DUI related arrests. The City had 84 DUI related vehicle crashes, 24 of these crashes had injuries, and no (zero) fatalities.

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In 2021, the San Mateo Police Department had 140 DUI related arrests. The City had 79 DUI related vehicle crashes, 20 of these crashes had injuries, and one (1) fatality.

In 2022, the San Mateo Police Department had 169 DUI related arrests. The City had a 29.1% (102) increase in DUI related vehicle crashes, 18 of these crashes had injuries, and one (1) fatality.

The rise in DUI crashes, coupled with the increase in DUI related arrests, are cause for attention and careful analysis. Our department is committed to addressing these factors and to employ better education, relentless enforcement, strong prosecution, directed enforcement, and additional enforcement programs afforded by OTS STEP grant funds. Our goals, with the assistance of OTS, include continuing to have a goal of zero DUI related fatalities and further reducing the occurrences of drunk driving. We know from our experience these achievements can only be maintained through unwavering and relentless enforcement, continuing deterrent operations such as DUI checkpoints, and continues public messaging and awareness programs. Again, without STEP Grant funds these goals will be more challenging to achieve.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 6 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2

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7. Send law enforcement personnel to SFST Instructor training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 9. Conduct DUI Saturation Patrol operation(s). 18

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
20 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
10 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 10 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Participate in highly visible collaborative DUI Enforcement operations. 4

16. Participate in highly visible collaborative Traffic Enforcement operations. 6

17. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

None.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.  The City of San Mateo will continue it's "Safe Streets San Mateo" program which is a collaborative effort between San Mateo PD PIO, public works PIO and City of San Mateo PIO.

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Our social media team has expanded to include all social media platforms and outlets.Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media

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coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

None.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24179

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$150,000.00
402PT-24 20.600 State and Community Highway
Safety
$60,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $12,060.00 6 $72,360.00
DUI Saturation Patrols 164AL-24 $1,005.60 18 $18,101.00 Collaborative DUI Enforcement 164AL-24 $1,005.60 4 $4,022.00 Traffic Enforcement 402PT-24 $1,005.60 20 $20,112.00
Motorcycle Safety 402PT-24 $1,005.60 1 $1,006.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,005.60 10 $10,056.00 Distracted Driving 402PT-24 $1,005.60 10 $10,056.00
Collaborative Traffic Enforcement 402PT-24 $1,005.60 6 $6,034.00 Category Sub-Total $141,747.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $5,836.00 1 $5,836.00
$0.00
Category Sub-Total $5,836.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
DUI Trailer 164AL-24 $45,000.00 1 $45,000.00
Category Sub-Total $45,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $5,617.00 1 $5,617.00
Vehicle Wrap 402PT-24 $4,900.00 1 $4,900.00
Portable Light Tower 164AL-24 $4,900.00 1 $4,900.00
Collaborative Meetings 402PT-24 $500.00 4 $2,000.00
Category Sub-Total $17,417.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $210,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24179

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit (November 7-8, 2023, in Orange County) and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
DUI Trailer - Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation costs, and other modifications and accessories or other items necessary to make the trailer usable for grant purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or fixtures not affixed to the trailer.

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Vehicle Wrap - Signage applied to a vehicle turning it into a mobile billboard. The wrap must include a traffic safety message and include the OTS logo. Draft graphics must be submitted to OTS for prior approval. OTS will not pay for paid media space under this line item.

Portable Light Tower - High intensity light on a telescoping shaft and stabilized platform to illuminate a wide area for greater visibility during night time operations. Costs may include a generator and accessories.

Collaborative Meetings - Costs for law enforcement agencies to discuss traffic safety trends and plan collaborative operations. Costs may include food and beverages for attendees, additional costs may be included if approved by OTS. Adequate records including an agenda must be maintained.

INDIRECT COSTS
-

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STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24179

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will no t be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective par ticipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarre d, or

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8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secret ary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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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: 10-1311 File ID: 23-7697 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: November 06, 2023
SUBJECT:

Peninsula Clean Energy Solar and Storage on Public Buildings Program – Customer Participation Agreement RECOMMENDATION:

Authorize the City Manager to enter into a Customer Participation Agreement with Peninsula Clean Energy to evaluate solar potential at City buildings.

BACKGROUND:

Peninsula Clean Energy (PCE) is a joint powers authority developed in 2016 to reduce greenhouse gas emissions by providing electricity from clean energy sources. PCE’s Solar and Storage on Public Buildings Program (Program) assists cities in evaluating solar potential at municipal facilities. This Program was developed to support PCE’s organizational objectives to increase local renewable generation, help reduce customer energy costs, and help its customers achieve their sustainability goals.

PCE launched the first round of the Program in 2020. In 2021, PCE and City staff identified the Police Station as the optimal site for solar installation. In 2022, City staff had to put this project on hold due to significant and necessary roof repairs at the Police Station.

To now participate in the Program, PCE is requesting that the City enter into a Customer Participation Agreement (Agreement) to identify additional sites to participate in the second round of the Solar and Storage on Public Buildings Program. Through the Agreement, PCE will provide an assessment that identifies and evaluates solar potential at City buildings. After this initial facility assessment, the City will have the option to enter into a Power Purchase Agreement (PPA) for the design, procurement, installation, and maintenance of solar systems at the identified facilities. The City may opt-out of the Program at any time prior to entering into the PPA.

For next steps, City staff will work closely with PCE to evaluate the proposed solar designs, PPA terms, and final pricing. If the project is determined to have net savings for the City, the final PPA will be brought to City Council for consideration in Spring 2024.

BUDGET IMPACT:

There is no fiscal impact for entering into the Customer Participation Agreement with Peninsula Clean Energy (PCE). There is no upfront cost to the City for entering into the Power Purchase Agreement (PPA). The solar photovoltaic (PV) systems are expected to provide utility cost savings over the life of the project. Staff will analyze project-specific details after PCE determines final PPA terms and pricing.

ENVIRONMENTAL DETERMINATION:

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

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result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Customer Participation Agreement

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007

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CUSTOMER PARTICIPATION AGREEMENT
Program Overview
The Peninsula Clean Energy Solar + Storage on Public Buildings program technical assistance to eligible local government customers of Peninsula Clean Energy Authority to design and install solar and storage systems.

Program Eligibility
Customer confirms that it is an existing government customer that receives electric utility services from Peninsula Clean Energy. Customer agrees to provide full and accurate facility condition, usage data, and other information to Peninsula Clean Energy and any of its third-party contractor(s) (Contractor(s)) upon request. Customer also agrees to provide access to Peninsula Clean Energy and any Contractor for the purpose of participating in the Program. Peninsula Clean Energy utilizes Contractor(s) to support technical activities such as site analysis, interconnection applications, and technical support.

Contractor(s) shall only be granted access to Customer data as necessary to carry out these activities and any confidential information will be returned to Peninsula Clean Energy or destroyed once Contractor has fully performed its Program obligations.

Objective
The purpose of this Customer Participation Agreement is to secure participation in the Assessment Phase of the Program.

After the customer has enrolled in the Assessment Phase of the Program, Peninsula Clean Energy will provide an assessment that will identify and evaluate one or more potential solar and storage systems. Peninsula Clean Energy will provide a recommended design and estimated pricing. Based on the design and estimated pricing, Customer will be eligible to participate in the Procurement Phase of the Program following the commitment to participate in the Procurement Phase.

Following the Procurement Phase, Customer will be eligible to move the Installation Phase of the Program wherein the system will be deployed. System installation will require the execution of a legally binding Power Purchase Agreement (PPA). The PPA will provide for installation of the system and delivery of power with monthly payment for that power to Peninsula Clean Energy for the duration of the term, typically twenty (20) years. Prior to executing the PPA, there is no obligation for the Customer to participate and Customer may opt-out at any time.

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CUSTOMER PARTICIPATION AGREEMENT
These Standard Terms and Conditions for Participating Customers and the Customer Participation Agreement (collectively, the “Agreement”) are made and entered into by and between Peninsula Clean Energy Authority and its contractors, representatives, and agents (collectively, “PCEA”), and Customer for the purpose of evaluating solar and storage (“System”) opportunities under the Program funded by PCEA. PCEA may hire third party contractors to provide services under this Agreement (the “Contractor”). PCEA and Customer may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.” The Parties acknowledge and agree that PCEA and Contractor are third party beneficiaries of this Agreement. In consideration of the mutual covenants and agreements set forth below, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1.ACCESS AND PARTICIPATION. Customer agrees to support PCEA and Contractor and assign a representative to facilitate services provided under this Agreement. Customer acknowledges its interest in installing System. Customer agrees to allow PCEA and Contractor to access its facilities, energy use data (including authorizing PCEA to share this information with any Contractor) including but not limited to: building level site layout, electrical system conditions, historical usage and demand and readings from electrical panels and circuits, structural conditions, and cost information for the purposes of implementing this Agreement. Customer represents that by signing this document that they are the legal property owner with permission to install System under this Agreement. Customer agrees not to use the name or identifying characteristics of PCEA or its contractors for any advertising, sales promotion, or other publicity of any kind without written authorization from PCEA. The Program may be modified or terminated without prior notice.

2.ELIGIBILITY. PCEA determines eligibility of Customers at its sole discretion. PCEA may request verification of eligibility requirements at any time during the Program period.

3.CONFIDENTIALITY. PCEA shall keep Customer information confidential. Only Contractor and PCEA shall be granted access to Customer data as needed or required. PCEA, Contractor, and Customer agree that all releases necessary to this paragraph will be reviewed and timely executed by the parties.

4.NO WARRANTY. PCEA MAKES NO REPRESENTATIONS OR WARRANTIES, AND ASSUME NO LIABILITY WITH RESPECT TO QUALITY,

SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY DELIVERABLE PROVIDED PURSUANT TO THIS AGREEMENT AND EXPRESSLY

DISCLAIM ANY SUCH REPRESENTATION, WARRANTY OR LIABILITY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE ANY DUTY TO, ANY STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY TO ANY THIRD PARTY.

NEITHER THE PCEA NOR PCEA SHALL BE RESPONSIBLE FOR COSTS OR CORRECTIONS OF CONDITIONS ALREADY EXISTING IN THE FACILITIES INSPECTED WHICH FAIL TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

5.INDEMNIFICATION; LIMIT ON LIABILITY. Customer discharges and releases PCEA and its officers, employers, employees, and agents from and against any and all claims, demands, liabilities, obligations, damages or chose in action, legal or equitable, of whatever kind or nature, including negligence by PCEA, in which Customer, and Customer’s successors in interest, heirs, estates or personal representatives, or family members, now may have or assert, or may have had in the past or may have in the future, against PCEA as the result of, based upon, arising out of, or connected with PCEA’s involvement with the Assessment Phase. Customer is on notice of and hereby specifically and expressly waives the provisions of California Civil Code § 1542, which provides that a “general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. NEITHER PCEA

NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.

6.MISCELLANEOUS. This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflict of law rules. Customer shall not assign, delegate or subcontract this Agreement or its duties thereunder, in whole or in part, voluntarily or involuntarily (including a transfer to a receiver or bankruptcy estate) without the prior written permission of PCEA. PCEA may assign its rights and delegate its duties under this Agreement to any third party at any time without Customer’s consent. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions in this Agreement shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Agreement. The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction. The failure of either Party to enforce strict performance by the other of any provision of this Agreement, or to exercise any right available to the Party under this Agreement, shall not be construed as a waiver of such Party’s right to enforce strict performance in the same or any other instance.

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CUSTOMER PARTICIPATION AGREEMENT
Customer
I CERTIFY THAT I have read and understood the Participation Agreement. I certify that the information I have provided is true and correct.

Customer Name: ______________________________
Customer Address: ___________________________________________ City: _______________________ Customer Representative Name: ______________________________ Customer Representative Title: ______________________________ Customer Signature: __________________________ Date: _____________ Approved as to Form
City Attorney Name: _____________________________
City Attorney: ________________________________
Peninsula Clean Energy
Name: ________________
Title: ________________
Signature: __________________________ Date: _____________

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-8100 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 06, 2023
SUBJECT:

Wastewater Treatment Plant Transfer Pumps Improvements Project – Agreement RECOMMENDATION:

Award an agreement to GSW Construction, Inc. for construction of the Transfer Pumps Improvements Project in an amount not to exceed $810,400; establish a contingency fund in an amount not to exceed $162,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The wastewater treatment plant (WWTP) is an aging facility, and the Clean Water Program (CWP) includes a variety of capital improvement projects to rehabilitate and upgrade the equipment and processes. The Transfer Pumps Improvements Project (Project) is a component of the CWP and includes replacing the WWTP’s transfer pumps to support anaerobic digester operations. The improvements also include structural improvements to the pump pedestals, piping modifications, and electrical improvements. The existing pumps have parts that are currently challenging to source replacement parts for since the model is no longer supported by the manufacturer. Replacing the pumps will reduce operational risks and future maintenance costs.

In May 2023, the project was first advertised for competitive bids, with only a single bid submitted. That bid of $998,200 was significantly higher than the engineer’s estimate. On August 21, 2023, Council adopted a Resolution to reject the sole bid and authorized a second Notice Inviting Bids. Staff worked with the design engineer to revise the contract documents and update the costs to advertise the project again.

A Notice Inviting Sealed Proposals and Bidding Documents were issued to advertise the Project on September 5, 2023, in compliance with Municipal Code section 3.60.030. Five (5) bids were submitted and opened on October 4, 2023, with the following results:

Contractor Bid Amount ($)
GSW Construction 810,400
Westcal Design and Build 841,000
Valentine Corporation 966,369
Telstar Instruments 1,197,998
Mountain Cascade 1,320,000
GSW Construction submitted the lowest bid of $810,400, which is higher than the engineer’s estimate of $512,750. Staff’s review of the submitted bid has determined that the low bidder is responsive and responsible. The costs associated with

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the electrical improvements of the Project caused the largest cost variance and were the hardest to estimate due to market conditions. Since there is available funding to absorb the cost and staff believe pricing will not improve, staff recommends for Council to award the agreement to GSW Construction, Inc. for an amount not to exceed $810,400 and establish a construction contingency of $162,000.

Based on staff’s prior experience with projects at the WWTP, the Project presents a higher risk profile than other typical City construction contracts. The construction area is surrounded by ongoing WWTP operation and maintenance activities, and the on-going construction associated with the WWTP Upgrade & Expansion Project and the Immediate Action Projects, Package III. The requested contingency (20% of the construction contract) will allow staff to mitigate the risk that changes to the plant operations and other active construction efforts may require of this Project, as well as impacts due to unanticipated conditions.

BUDGET IMPACT:

There are sufficient funds in the CWP WWTP Annual Major Components (46t090) project to fund this contract and contingency.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement
Att 2 - Bid Summary

STAFF CONTACT
Deryk Daquigan, Acting Public Works Deputy Director
[email protected]
(650) 522-7287
Brad Underwood, Director of Public Works
[email protected]
(650) 522-7303

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AGREEMENT
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SECTION 00 50 00

AGREEMENT
THIS AGREEMENT is by and between the City of San Mateo (Owner) and (Contractor).

Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

1. WORK

1.1. Contractor shall complete the Work as specified or indicated in the Contract Documents. The Work is generally described as follows and as described in Section 01 22 00- Measurement and Payment.

1.1.1. Mobilization and Demobilization including activities listed in Section 01 22 00.

1.1.2. Temporary Facilities and Fencing including space for storing four new Owner furnished pumps and Contractor’s staff.

1.1.3. Pump, Anchor and Piping Demolition including demolition of four existing progressive cavity pumps, cutting pump skid anchors at concrete pump pads, and removing and disposal of existing piping..

1.1.4. Pump Installation
including installation of four Owner furnished pumps, anchorage of pump bases to existing concrete pads, and connection to new piping.

1.1.5. Piping Improvements, including Fittings and Insulation including new ductile iron piping and accessories on the suction and discharges of four pumps, insulation and jackets on new piping.

1.1.6. Electrical Improvements including new conductors and conduits for the new pumps for power and instrumentation, four new variable frequency drives for the new pumps..

1.1.7. Insulation on existing piping Alternate A including new insulation and jackets for the existing piping as shown on the drawings.

1.1.8. General Construction, not included in the base bid items includes all work not categorized in Bid Items 1 through 7 in the bid form.

2. THE PROJECT

2.1. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows
GSW Construction Inc.

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2.1.1. Transfer Pumps Improvements Project

3. ENGINEER

3.1. Engineer means the licensed Engineer and its consultants, retained by the Owner to perform design services for the Project.

4. CONTRACT TIMES

4.1. Time of the Essence: Time limits for Phases, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.2. Days to Achieve Substantial Completion and Final Payment:

4.3. There shall be two Notice(s) to Proceed and two Phases. Notice to Proceed 1 (NTP 1) shall initiate the procurement of equipment shown in paragraphs 10.1.1 and 10.1.2 (Phase 1) and Notice to Proceed 2 (NTP 2) shall initiate the phase for completion of the Work (Phase 2). Procurement of equipment (Phase 1) shall be completed within 80 Working Days from the Notice to Proceed 1 and from the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions. Notice to Proceed 2 shall be 60 Working Days from Notice to Proceed 1. The Work (Phase 2) shall be substantially completed (Substantial Completion) within 80 Working Days and 40 Working Days (for Final Completion) of Notice to Proceed 2, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions. Total duration from Notice to Proceed 1 through Notice to Proceed 2 completion of all Work and Final Completion & Acceptance shall be within 180 Working Days.

4.3.1. Phase 1 (Equipment and Piping Procurement):

4.3.1.1. Review and acceptance by the Engineer of product data and shop drawing submittals, delivery and acceptance of the equipment on the site for the following equipment:

4.3.1.1.1. Variable Frequency Drives (VFDs).

4.3.1.1.2. Ductile iron piping and fittings.

4.3.1.2. Written certification by the Contractor of release for manufacturing of the following equipment during the procurement period:

4.3.1.2.1. Variable Frequency Drives (VFDs).

4.3.1.2.2. Ductile iron piping and fittings.

4.3.2. Phase 2 (Mobilization and Construction of Project):

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4.3.2.1. Mobilization: Onsite mobilization including protection of areas of the building to be occupied during construction, principally space which will remain occupied during construction.

4.3.2.2. Project Construction: Proceed with the construction of the Project improvements, in accordance with these Contract Documents.

4.4. Liquidated Damages:

4.4.1. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner the sum of $500 per day in excess of the number of Working Days prescribed above for each and every Working Day’s delay in completing Phase 1 and $3,000 for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete for Phase 2.

4.4.2. After Substantial Completion, if Contractor neglects, refuses, or fails to complete remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $3,000 for each day that expires after the time specified herein for completion and readiness for final payment until the Work of Phase 2 is completed and ready for final payment.

5. CONTRACT PRICE

5.1. For all Work, at the prices stated in Contractor’s Bid, incorporated herein by reference, a lump sum of $ .

6. PAYMENT PROCEDURES

6.1. Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.2. Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor’s Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements.
810,400.00

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6.2.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 15.01 of the General Conditions:

6.2.1.1.Ninety five percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisf actory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and

6.2.1.2.Ninety five percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

6.2.2. Contractor may elect to substitute securities of equivalent value in accordance with requirements and procedures of Sections 22300 or 10263 of the California Public Contract Code.

6.3. Final Payment:

6.3.1. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner will pay the remainder of the Contract Price as recommended by Engineer as provided in Paragraph 15.06.

7. INTEREST

7.1. Monies not paid when due as provided in Article 15 of the General Conditions shall bear interest at the legal rate unless otherwise specified according to California law.

8. CONTRACTOR’S REPRESENTATIONS

8.1. In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

8.1.1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

8.1.2. Contractor has visited the Site 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.

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

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8.1.4. Contractor has carefully studied: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, which have been identified in Paragraph

8.1.5. Paragraph 5.03 of the Supplementary Conditions as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable “technical data.”

8.1.6. Contractor has considered the information known to Contractor; 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 Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on 1) the cost, progress, and performance of the Work; 2) the means, methods, te chniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and 3) Contractor’s safety precautions and programs.

8.1.7. Based on the information and observations referred to above, Contractor does not consider that any 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 Documents.

8.1.8. 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.

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

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

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

9. CONTRACT DOCUMENTS

9.1. Contents:

9.1.1. The Contract Documents consist of the following:

9.1.1.1.This Agreement (pages 1 to 8, inclusive).

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9.1.1.2.Performance bond (pages 1 to 4, inclusive).

9.1.1.3.Payment bond (pages 1 to 4, inclusive).

9.1.1.4.General Conditions (pages 1 to 52, inclusive).

9.1.1.5.Supplementary Conditions (pages 1 to 46, inclusive).

9.1.1.6.Specifications as listed in the table of contents of the Project Manual.

9.1.1.7.Drawings consisting of 12 Sheets in Drawing Set sheets with each sheet bearing the following general title: “TRANSFER PUMPS IMPROVEMENTS PROJECT”.

9.1.1.8.Addenda (numbers to , inclusive).

9.1.2. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

9.1.2.1.Notice to Proceed (pages to , inclusive).

9.1.2.2.Work Change Directives.

9.1.2.3.Change Order(s).

9.2. There are no Contract Documents other than those listed above in this Article.

9.3. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.

10. MISCELLANEOUS

10.1. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.1.1. Successors and Assigns: Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.1.2. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.1.3. Assignment of Contract:
1 1

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10.1.3.1. No assignment by a party hereto of any rights under or interests in the Contract shall be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.2. Contractor’s Certifications:

10.2.1. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this paragraph:

10.2.1.1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in Contract execution;

10.2.1.2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract Price at artificial noncompetitive levels, or (c) to deprive Owner of the benefits of free and open competition;

10.2.1.3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and

10.2.1.4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.3. Attorney Fees:

10.3.1. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this Contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

10.4. In accordance with Section 1775, California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than $50 for each calendar day, or portion thereof, for each

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worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of California Department of Industrial Relations for the Work.

10.5. Contractor Registration:

10.5.1. Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR).

10.6. In the performance of the Work, a day’s work shall be 8 hours of labor in any workday and 40 hours in any work week and any other work as required by Section 510, California Labor Code, and Contractor shall further conform to the requirements of Section 1813, California Labor Code, or forfeit to Owner, as a penalty, the sum of $25 for each worker employed in the execution of the Work by Contractor or any subcontractor, for each day during which any worker is required or permitted to labor more than 8 hours in any workday or more than 40 hours in any 1 calendar week in violation of Section 510.

10.7. Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by Section 3700, California Labor Code.

10.8. Pursuant to California Labor Code Section 6705, excavation of any trench or trenches 5 feet or more in depth, involving estimated expenditures in excess of $25,000 shall require, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection prepared by a registered civil or structural engineer.

10.9. Pursuant to Section 1770 et seq., California Labor Code, the successful Bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of California Department of Industrial Relations. A copy of such prevailing rate is on file at the offices of the Owner, which copy will be made available for examination during business hours to any party on request.

10.10. Contractor, by signing this Agreement, certifies the following: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

10.11. Nothing in this Agreement shall prevent Contractor or any Subcontractor from employing properly registered apprentices in the execution of the Agreement. Contractor shall have responsibility for compliance with California Labor Code Section 1777.5 for all apprenticeable occupations.

10.12. During the performance of Work under this Agreement, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, natio
nal origin, ancestry, physical handicap,
medical condition, marital status, age (over 40) or sex. Contractors and Subcontractors shall

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AGREEMENT
PAGE - 9
insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and Subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Council implementing Government Code section 12990, set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer . All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf.

This Agreement will be effective on __________________ (which is the Effe ctive Date of the Agreement).

CITY OF SAN MATEO: CONTRACTOR:

Date Date Brad B. Underwood
Interim Public Works Director
APPROVED AS TO FORM:

Jeffrey Ward
President
Its Authorized Agent
ATTEST:

Linh P. Nguyen Date Date
Assistant City Attorney
Cody Gunning
Corporate Secretary
Address for giving notices:

L i c
e n s e N o .
( W h e r e a p p l i c a b l e )
A g e
n t f o r s e r v i c e o r p r o c e s s :
(If Contractor is a corporation, a partnership,
or a joint venture, attach evidence of
authority to sign.)

END OF SECTION
101 The Embarcadero, #123
San Francisco, CA 94105
1085562

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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: 72-4674 File ID: 23-8101 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 06, 2023
SUBJECT:

Dale Avenue Pumping Station Upgrade – Contingency Amendment RECOMMENDATION:

Approve an increase to the contingency reserve associated with the Anvil Builders, Inc. construction contract for the Dale Avenue Pumping Station Upgrade project in the amount of $2,000,000 for a total contingency of $7,500,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The Clean Water Program includes various projects to improve the City of San Mateo’s sanitary sewer system to improve flow management and increase capacity to prevent sanitary sewer overflows. Included in the Basins 2 and 3 project is the upgrade of the Dale Avenue Pump Station (DAPS or Project), which consists of the replacement of mechanical, electrical, and instrumentation equipment in the pump station, along with other upgrades and an increase in the pump station capacity.

On October 7, 2019, City Council awarded an agreement with Anvil Builders, Inc. (Anvil) for construction of the DAPS Upgrade project in the amount of $20,142,000; established a contingency reserve of $2,000,000; and authorized the Public Works Director to execute the agreement and issue change orders within the contingency amount. The contingency reserve was established to address and mitigate potential unknowns that may arise during construction and was approximately 10% of the agreement value.

On September 6, 2022, an increase to the contingency reserve in the amount of $3,500,000 was approved by City Council to bring the total contingency reserve to $5,500,000. To date, approximately $3.5 million of the approved contingency has been utilized to issue necessary negotiated change orders for the Project leaving $2.0 million in contingency funds to complete the Project. A summary of the executed contract change orders is included in Attachment 1.

The Project has encountered challenges during construction and additional work including, but not limited to, installing an emergency generator and associated electrical, mechanical, civil, and structural improvements are required to complete the work. Anvil has submitted a change order proposal for $2.73 million to address the required emergency generator changes on the Project. Staff is currently evaluating the emergency generator proposal and other changes to the Project, and continues to negotiate with Anvil.

Although the scope and fees associated with the project’s remaining work are still being negotiated between Anvil and staff, the remaining contingency balance of $2.0 million is insufficient to execute change orders required to complete the work and Project. In addition to the emergency generator installation proposal, described above, additional contract change orders are required and are in negotiation. For example, conditions of approval from the Planning Division in connection with Site Plan and Architectural Approval for the Project required screening of the generator from adjacent

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residential properties. This requires additional landscaping near the fence lines of the property. In addition, there are remaining safety and equipment protection improvements, and extended overhead costs that require contract cost increases as well. All change orders will be thoroughly reviewed by Public Works staff as well as the Construction Manager consultant prior to recommending approval to the “Clean Water Program Change Board.” The CWP Change Board is made up of the Director of Public Works, Deputy Director of Public Works, and Program Manager Advisor (Jacobs), and provides an additional vetting process to review proposed change orders and provide final approval to utilize contingency reserves.

To mitigate risks associated with potential delays, streamline procurements, and to provide flexibility for staff to negotiate and execute contract change orders in a timely manner, staff recommends increasing the contingency reserve by an additional $2,000,000 for a total contingency reserve of $7,500,000.

An alternative to approving the recommended contingency increase is directing staff to finalize negotiations of the potential contract change orders, then requesting City Council to approve the contract change orders at a later City Council meeting (likely in January 2024). This alternate approach will result in additional delays and extended overhead costs, since Anvil will not start work until a contract change order is executed. With the wet weather season approaching, there is urgency to have the contractor to begin work to install the foundation and underground conduits to avoid weather delays and have the foundation ready for arrival of the generator. Staff does not recommend this approach due to the added costs and risks associated with not having a permanent generator installed on a critical facility during the wet weather season.

BUDGET IMPACT:

The initial authorized agreement with Anvil for construction was in the amount of $20,142,000. The original contingency reserve established was $2,000,000 and a subsequent increase was approved for $3,500,000. This request increases the contingency further by $2,000,000 to a total of $7,500,000. This increase brings the potential total project cost to $27,642,000. Funding for this additional contingency amount is available within the Basins 2 & 3 Collection System Improvements (46s003) project.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Dale Ave Pump Station Improvements – Contract Change Order Summary

STAFF CONTACT
Tom Williams, Acting Engineering Manager
[email protected]
(650) 522-7307
Deryk Daquigan, Acting Public Works Deputy Director
[email protected]
(650) 522-7287

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Att 1 - Dale Ave Pump Station Improvements - Anvil Builders - Contract Change Order Summary (as of 10/27/2023) CCO # Execution
Date Price Details of Change
1 6/25/2020 34,336.13$ Provide two new surge tanks for operation under full vacuum conditions 2 11/12/2020 143,160.81$ Add lifting handles to metal plates; elevator cost split; 36" pipe connections to wetwells; and RCP force main coupling
3 2/8/2021 413,991.93$ Force main and influent junction box shutdowns and plug installations; and force main dewatering 4 4/7/2021 39,973.38$ 4 month power fluctuation monitoring to determine if there are impacts to pump operations 5 7/20/2021 429,433.45$
SCADA hardware modifications; Force main #1 groundwater and pipe liquid mitigation; Force Main #2 joint pressure test; Force Main liner access pit relocations; Elevator cab modifications; switchboard surge protection device; grit cleanup; sump pump relocation; slide gate plate; force main wall penetration; and wet well crack repair
6 10/25/2021 225,359.53$ HVAC monitoring panel, horn, strobe, pressure switches, and control wires 7 4/19/2022 37,369.00$ PLC upgrades, programming, and control wiring modifications to correct pump stop logic 8 4/19/2022 228,176.24$ Sump pump conduit wiring; HVAC redesign; and force main 1 pipe conflicts 9 5/4/2022 95,251.54$ Fiber connection change; surge tank demo of underground vault for pile construction; wet well crack repair; street light repair; sump pump guide rails; antenna transmission capabilities; and infill plates 10 7/11/2022 162,843.78$ Temporary generator through June 2022 due to Air District Permit issue with permanent generator 11 9/26/2022 188,747.97$
Work hour waiver; antenna pole; temporary generator; smith blair grout packing; pipe lining delay charges; fan reconfiguration; force main penetration leaks; electrical changes; and SCADA antenna conduit
12 11/13/2022 202,693.78$
Reroute MCC wires; flowmeter install; exhaust beam supports; temporary generator extension; additional structural calculations for elevator; emergency feeder conduit/roof drain; UPS power monitoring; gas monitoring system repair; jacket water heaters; stairway light switches; generator silencer; rotating valves bonnets; and elevator abandonment 13 11/13/2022 1,115,403.92$ Tier 4 generator procurement, shipping, assembly, emmission abatement equipment, wiring, controls, and submittals
14 7/30/2023 46,209.60$
MAS Devicenet modifications; cover elevator openings; weather tower radio conduit removal; elevator pit leak repair; old gas sensor replacement; air compressor repair service; temporary generator swap; elevator equipment removal and de-scoping; and air compressor block heater install
15 10/23/2023 55,159.58$ Generator parapet enclosure; and pump drain bleed valve install 16 10/23/2023 39,734.00$ Elevator electrical changes TOTAL 3,457,844.64$

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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: 10-4662 File ID: 23-8105 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 06, 2023
SUBJECT:

Citywide Street Reconstruction Phase 3 – Amendment
RECOMMENDATION:

Approve Amendment No. 7 to the agreement with Wilsey Ham for engineering services during construction in an amount not to exceed $21,000 for a new agreement total of $594,874; and authorize the Public Works Director to execute the amendment in substantially the form presented.

BACKGROUND:

In September 2021, the City Council approved an agreement with Wilsey Ham to provide design services for the Citywide Street Reconstruction Phase 3 Project (Project) in the amount of $354,000, with a contingency reserve in the amount of $41,000. Amendments No. 1, 2, and 3 to the agreement were issued for additional design services on the Project utilizing available contingency reserve, consistent with the authority granted by City Council. Currently, $40,874 of the contingency reserve has been expended with $126 of the contingency reserve remaining. City Council approved Amendments No. 4 (July 18, 2022) and No. 5 (June 20, 2023) to the agreement to provide additional engineering services during construction.

Amendment No. 6 was subsequently issued to correct the scope of work of Amendment No. 5 to reflect the actual scope of work intended for Amendment No. 5 as the incorrect scope of work was included in Amendment No. 5 due to a clerical error.

In June 2023, the Project’s contractor, Teichert Construction (Teichert), began reconstruction of all streets in the Project and was successful on seven of the nine streets. During the reconstruction effort on Hawthorne Drive and Guildford Avenue, several subgrade failures occurred due to unanticipated extreme soft soil/Bay mud conditions. During the operation, City staff stopped the operation in order to re-evaluate existing conditions and to develop new reconstruction designs for both Hawthorne Drive and Guildford Avenue to minimize further damage to the existing streets.

To complete the road reconstruction effort on Hawthorne Drive and Guildford Avenue, Wilsey Ham and its geotechnical subconsultant, Fugro, supported City staff in reviewing technical submittals, developing responses to Teichert’s Requests for Information (RFIs), and performing additional in-field geotechnical inspection services. Based on the above, staff recommends that a not-to-exceed amount of $21,000 be added to the agreement to cover the additional in-field geotechnical inspection services, for a total agreement amount of $594,874.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Reconstruction Package 1/Citywide Street Reconstruction Phase 3 to award this agreement.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair,

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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 – Amendment No. 7

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315

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AMENDMENT NO. 7 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

WILSEY HAM FOR
PROFESSIONAL DESIGN SERVICES FOR STREET RECONSTRUCTION PHASE 3 (#467771-4600-0006-46250)
($354,000 [Original Amount], $24,980 [Amendment 1], $9,485 [Amendment 2], $6,409 [Amendment 3], $134,000 [Amendment 4], $45,000 [Amendment 5], $0 [Amendment 6], and $21,000 [Amendment 7])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Wilsey Ham, a corporation (“Consultant”), entered into an Agreement for Professional Design Services for Street Reconstruction Phase 3 (“Agreement”) on September 27, 2021; and WHEREAS, City and Consultant wish to amend the Agreement to modify scope and compensation for the services as described and to add Exhibit A-7.

NOW, THEREFORE, the parties agree as follows:

1. Section 1 “Scope of Services” of the Agreement is amended to read:
“The scope of service to be performed by Consultant under this agreement is as described in Exhibits A, A-1, A-2, A-3, A-4, A-6, and A-7 to this Agreement, attached and incorporated by reference.”

2. Section 5 “Payment” of the Agreement is amended to read:
“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 Exhibits A, A-1, A-2, A- 3, A-4, A-6, and A-7, CITY agrees to pay CONSULTANT a fee, on a time and expenses reimbursement basis, in an amount not to exceed $594,874, pursuant to rates stated in Exhibits A, A-1, A-2, A-3, A-4, A-6, and A-7 and B to this Agreement, attached and incorporated by reference.”

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

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IN WITNESS WHEREOF, CITY OF SAN MATEO and Wilsey Ham have executed this Amendment No. 7 on __________________________.

CITY OF SAN MATEO CONSULTANT
Brad B. Underwood
Interim Public Works Director
Brandon Davis
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.

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EXHIBIT A-7

SCOPE OF SERVICES

PROJECT DESCRIPTION
CONSULTANT is providing Engineering Services During Construction (ESDC) for the Citywide Street Reconstruction Project, Phase 3 which is part of the City’s Smooth Streets Program (SSP). During construction, differing site conditions were encountered and the City desires to expand the CONSULTANT’s scope of services to include additional field site visits.

SCOPE OF WORK
Task 1 – Construction Services
The following additional work is included in this task:
• Mix design submittal reviews
• Project correspondence
• City and design team coordination
• Design team meeting attendance
• Weekly construction coordination meeting attendance
• Three (3) ten-hour site visits, including travel time • Review field reports
• Review one additional submittal
• Provide administrative technical support for document preparation Deliverables: Review of construction materials submittals and responses to RFI’s in PDF format. Daily Field Reports provided by Fugro (geotechnical sub-consultant).

Assumptions and Exclusions
The following assumptions and exclusions were used in the preparation of this proposal:

1. Any design coordination meetings will be attended virtually (video or phone).

2. Items not included in the scope above are excluded.

3. If conditions encountered during construction differ from those anticipated, the estimated total number of hours on site may need to be adjusted during construction.

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

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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: 10 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-8107 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 06, 2023
SUBJECT:

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

Approve Amendment No. 2 for professional services with Signet Testing Laboratories, Inc. to provide as-needed construction special inspection services for various Clean Water Program projects; increase the agreement amount by $250,000 for a revised not to exceed total of $2,150,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

BACKGROUND:

The Clean Water program (CWP) includes improvements to wastewater system capacity, flow management, and inflow and infiltration reduction to comply with regulatory requirements. Construction special inspection services provide as- needed support for the CWP’s improvements, which include the Wastewater Treatment Plant (WWTP) Upgrade & Expansion, various new capacity relief sewers, sewer rehabilitations/repairs, and lift station improvements.

On February 22, 2022, the City Council approved a two-year professional services agreement with Signet Testing Laboratories, Inc. (Signet), to provide as-needed construction special inspection services for various CWP projects in an amount not to exceed $1,500,000 with three, one-year options to extend the agreement with not to exceed budgets of $250,000 per each extension year at the City’s discretion.

On March 20, 2023, City Council approved Amendment No. 1 to the agreement, which increased the agreement amount by $400,000 to a revised amount of $1,900,000. During the past year, the rate at which construction special inspection services were needed exceeded projections. The services included inspecting the application of protective coating on the concrete surfaces of the basins and channels at the WWTP. In order to keep the project from experiencing significant delays, the contractor worked on Saturdays to apply this protective coating. The overtime cost for weekend inspections was not originally anticipated.

Signet has been performing these construction special inspection services satisfactorily for the City. In order to complete the remaining inspections for the CWP projects, continued special inspection services from Signet are required during the original term of the agreement. Proposed Amendment No. 2 will increase the agreement budget by $250,000 for a revised not to exceed total agreement amount of $2,150,000 for the original term of the agreement. Staff believes this to be a reasonable budget increase for the scope of work and expertise required and recommends approval of Amendment No. 2 to this agreement. The City maintains its three, one-year options to extend the agreement with not to exceed budgets of $250,000 per each extension.

BUDGET IMPACT:

There are sufficient funds available for this amendment in the budgets of the CWP projects for which special inspections

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are required.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 2

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

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AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND SIGNET TESTING LABORATORIES, INC.

FOR CONSTRUCTION SPECIAL INSPECTION SERVICES FOR THE CLEAN WATER PROGRAM ($1,500,000 [Original Amount] / $400,000 [Amendment No. 1] / $250,000 [Amendment No. 2]
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Signet Testing Laboratories, Inc. (“CONSULTANT”), entered into an Agreement for professional services (“Agreement”) on March 4, 2022; and
WHEREAS, on April 4, 2023, Amendment No. 1 was executed, which increased the compensation by $400,000 to $1,900,000; and
WHEREAS, CITY and CONSULTANT, wish to amend the Agreement to extend the total compensation amount.

NOW, THEREFORE, the parties agree as follows:

1. Section 8—Payment. The second sentence of Section 8 “Payment” is amended to read:
“…In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $2,150,000 without prior written authorization…”

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

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

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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-72-4671 File ID: 23-7916 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 6, 2023
SUBJECT:

Integrated Supervisory Control and Data Acquisition System Evaluation and Improvement – Change Order RECOMMENDATION:

Adopt a Resolution authorizing an alternate purchasing procedure to approve a Contract Change Order No. 1 with Enterprise Automation, LLC (EA) for the design, programming, configuration, installation, testing and maintenance of the Integrated Supervisory Control and Data Acquisition (SCADA) System in an amount not to exceed $158,352, for a total contract amount not to exceed $199,156; establish a contingency reserve of $30,000; 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 SCADA system allows staff to monitor and control processes at the Wastewater Treatment Plant (WWTP) and sanitary sewer and stormwater pump stations throughout the City’s sewer and storm water systems. Previously, the WWTP and pump station SCADA systems were standalone but have recently been integrated and updated as part of the Clean Water Program. As a critical system for monitoring operations and receiving alarms, the SCADA system requires ongoing maintenance to ensure proper operation. In addition, after the integration, City staff identified additional critical functions that need to be integrated into the SCADA system, including alarm programming updates related to the Marina Lagoon Pump Station. Enterprise Automation (EA) is able to address both the required maintenance and system updates needed for the integrated SCADA system.

A contract for $40,804 was recently executed with EA for the review and improvement of the Marina Lagoon Pump Station, including alarm programming updates. The contract was executed to immediately begin the needed improvement of the Marina Lagoon pump station as soon as possible.

For Contract Change Order No. 1, EA will offer WWTP SCADA system support, including scheduled maintenance and priority emergency access to EA engineers. This agreement will secure a second pre-authorized company familiar with the City’s programming standards when SCADA support and programming are necessary. Pre-authorization familiarizes the vendor with City design standards to allow them to program in the SCADA environment without causing unintended problems or catastrophic system errors. TESCO, the other preauthorized programmer, was unresponsive when contacted to bid for this work.

San Mateo Municipal Code section 3.60.050(b) authorizes procurement without competitive bidding procedures when calling for bids is impracticable, unavailing, or impossible. A contract change order with EA is appropriate pursuant to these standards because City Council previously awarded a contract with EA in July 2020 to provide similar services on the Clean Water Program’s SCADA integration project. Therefore, EA is familiar with the City’s SCADA integration project, and it would also take a considerable amount of time to qualify another vendor to familiarize themselves with the design

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standards of the City’s WWTP SCADA environment. Therefore, staff recommends approving the contract change order with Enterprise Automation, LLC pursuant to the attached resolution.

BUDGET IMPACT:

Sufficient funds are available in the WWTP, Sewer, Storm, and Dale Avenue Pump Station operating budgets to cover the cost of the contract change order. The initial approved amount was $40,804. Contract Change Order No. 1 increases the amount by $158,352.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract Change Order No. 1
STAFF CONTACT:

Robert Learmonth, WWTP Manager
[email protected]
650-522-7386
Matt Fabry, Deputy Director Public Works
[email protected]
650-522-7309

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CITY OF SAN MATEO
RESOLUTION NO. __ (2023)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR A CHANGE ORDER WITH ENTERPRISE

AUTOMATION, LLC FOR SCADA SYSTEM EVALUATION AND IMPROVEMENT SERVICES WHEREAS, the Wastewater Treatment Plant and Field Maintenance Division use a Supervisory Control and Data Acquisition (“SCADA”) system to monitor and control equipment and processes at the Wastewater Treatment Plant and sewer and stormwater pump stations; and WHEREAS, the SCADA system needs to be evaluated, improved and maintained; and WHEREAS, as part of the Clean Water Program to upgrade the City’s sewer collection and treatment system, the City upgraded and integrated SCADA network systems for the Wastewater Treatment Plant and the City’s sewer and storm systems; and
WHEREAS, Enterprise Automation, LLC (Enterprise Automation) is one of two providers that have been pre-qualified by both the Wastewater Treatment Plant and the Clean Water Program to work on the SCADA system; and
WHEREAS, Enterprise Automation was previously involved in the process of integrating and designing the network between the existing Wastewater Treatment Plant and the sewer and storm SCADA systems; and
WHEREAS, the only other pre-qualified provider was unresponsive to the City’s requests; and WHEREAS, in accordance with Municipal Code section 3.60.050(b), agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing or impossible and the City Council sets forth findings designating the reasons; and WHEREAS, City staff recommends approval of the Change Order with Enterprise Automation for SCADA system evaluation and improvement services.

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

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

2. In accordance with Municipal Code section 3.60.050(b), calling for bids would be impracticable because:

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a) Enterprise Automation is the only provider that was responsive and pre-qualified for work on the City’s SCADA system;
b) Enterprise Automation satisfies technological requirements from the Wastewater Treatment Plant and the Clean Water Program;
c) Enterprise Automation has familiarity with the SCADA system as it has worked on the design and integration of the SCADA network systems for the Wastewater Treatment Plant and the City’s sewer and storm systems; d) Other providers will not have the requisite clearance from the Information Technology Department or the required knowledge base; and e) Approval and clearance of another provider will delay needed system evaluation and improvement services of the SCADA system.

3. The Change Order with Enterprise Automation, LLC to provide system evaluation and improvement services in an amount not to exceed $158,352 for a total contract amount not to exceed $199,156 is approved.

4. The Public Works Director is authorized to execute the Change Order in substantially the form presented and execute change orders within the contingency reserve.

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CITY OF SAN MATEOPUBLIC WORKS DEPARTMENT330 WEST 20TH AVENUE SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER # 1
PROJECT:Integrated SCADA System Evaluation and Improvement – Change OrderTO: Enterprise Automation LLC.

CONTRACT CHANGE ORDER NO.1 Page 1 of 1
PO/SCON No.

FundCost CenterSpend Category
720
Date 11/5/2023
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

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

This change order will add the Wastewater Treatment Plant scope of work to enterprise Automation's contract to maintain and improve the integrated SCADA system. The original PO only covered the sewer and storm water collection systems scope of work. This was done to ensure the work was started as quickly as possible so that needed changes could be implemented prior to wet weather.

The original contract amount of $ 40,804 will be increased by $158,352 for a total contract amount of $ 199,156.

Total cost of change not to exceed: $158,352
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

STATEMENT OF ACCOUNT
Date Accepted:

Contractor: Enterprise Automation LLC
By: By:Title:BRAD UNDERWOOD, Interim Director of Public Works DISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File NOTE: This change order is not effective until approved by theDirector of Public Works.

WastewaterTreatmentPlantOther ContractualServices
Original Contract Price$ 40,804.00
PreviousChangeOrders $0
Total to date $0
ThisChangeOrder $158,352.00
Revised Contract Price$199,156.00
Date Approved:

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Exhibit A: Statement of Work and Fee Schedule
Scope of Work
Support Contract 2023-
2024 v.4.0.0
On:

October 17, 2023

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Scope of Work
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1 Scope of Support

1.1 Basis
This SCADA Support document Details the scope of work between:

Ci
ty of San Mateo
and
Enterprise Automation

1.2 Facilities Covered
The services provided under this SCADA support agreement are solely for the following City of San Mateo facilities:
a) W
astewater Treatment Plant
2050 Detroit Ave.

San Mateo, CA 94404

1. Da
le Avenue Pump Station (DAPS)
Dale Ave. & S Northfolk St.

San Mateo, CA 94404
b) Co
llections
1949 Pacific Blvd.

San Mateo, CA 94403
c) Under
ground Flow Equalization System (UFES)
1346 Saratoga Dr.

San Mateo, CA 94404

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1.3 Nature of Services
The services provided by EA under this SCADA support contract are limited to the following systems (for both water and wastewater systems):
a) SCADA software
a. AVEVA
i. AVEVA System Platform, formally Wonderware
ii. AVEVA Historian, formerly Wonderware
iii. AVEVA OMI, formerly Wonderware
b) PLC types and brands
a. Rockwell Automation
i. ControlLogix controllers
c) Alarm paging
a. SeQent FirstPAGE
b. Hardware supporting cell & radio notifications
d) OITs
a. Rockwell Automation
i. PanelView graphic terminals
e) SCADA Domain PCs, Virtual Machines
f) Associated SCADA panels and I/O
g) PLC hardware and programs
Unless specifically indicated in this scope of work, design documentation developed through this project will not be stamped by a professional engineer. Delays due to mechanical, electrical, or IT related issues, production scheduling constraints, or lack of system availability out of EA’s control, which result in additional site time, will be charged at EA’s standard hourly rates.

1.4 Excluded Systems
City of San Mateo has some specialized equipment with which EA does not have specific expertise or is outside the scope of this contract.

As some excluded systems interact with the supported systems, EA will assist with diagnosing problems where possible, however the following excluded systems and components are not formally supported by EA under this agreement.
a) General process equipment (valves, pumps, motors, etc.) b) Security systems
c) Electrical systems (MCC buckets, medium/high voltage equipment) d) Collections RTU programming
e) City firewalls
f) Hach WIMS
g) Associated SCADA networking (Cat 5/6 and fiber)
h) Communications via wireless radio to remote sites

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1.5 Project Management
EA will provide a dedicated project manager to be the main point of contact and steward all communication through EA. The PM has primary responsibility for this project’s scope, budget, and schedule. This will help ensure accurate and effective communications and decisions. The PM will perform all commercial, budget, and project tracking related updates through the life of the support contract.

With consideration of other ongoing projects with SMO, the PM will communicate with SMO’s key contact on a regular basis to review the status of this support contract’s budget, the outcome or status of any support requests, and to coordinate upcoming maintenance visits.

For each workshop or meeting involving key project decisions, EA will draft and release meeting minutes with action items and dates assigned within one week.

Key Project Management Roles and Activities:

1. Primary point of contact, communications coordination

2. Maintenance visit scheduling

3. Urgent support coordination

4. Project status tracking (daily/weekly)

5. S tatus communication with SMO

6. Contract invoices and tracking report (monthly)
2 Services Provided
The services provided by EA are divided into the following SCADA support categories:
1 . As-needed project task orders

2. 10 hours per day 5 days per week (“10x5”) urgent support priority

3. Two (bi-annual) scheduled maintenance inspections (roughly every 6 months)

4. Development and maintenance of SMO manufacturer’s support renewal tracking system (e.g. Dell support, Wonderware support, etc.)

2.1 Urgent Support (10x5)

2.1.1 General
The support covered in this contract will provide priority support as needed via the following support tiers. All support responses including Emergency and urgent support work will be charged at EA’s standard engineering hourly rates. This does not include dedicated time for these activities.

N
ote that the City’s internal staff will be the first line of support in urgent support cases. EA’s contact procedure should be used as a secondary line of support.

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2.1.2 Phone support
Phone support will be provided during the regular business week, Monday through Friday (excluding Holidays) from 8am to 6pm. In cases where production is threatened, troubleshooting may continue past 6pm.

Phone support is the first tier of support provided.

2.1.3 Remote support
Remote support and diagnosis of problems by EA engineers will be provided where necessary. A change request will be needed for EA to get remote access and provide this level of support.

Remote support is the second tier of support provided and will be provided when phone support options have been exhausted.

2.1.4 Urgent on-site support
Where necessary, EA engineers will be available for on-site support, with SMO receiving priority scheduling.

There may be times where immediate call response and on-site attendance is not practical or possible. Enterprise Automation will endeavor to respond to all calls for assistance in the timeframes described in this support contract. However, response within the described timeframes is not guaranteed, and Enterprise Automation will not be held liable for system downtime, loss of production, or any consequential damages.

On-site support is the third tier of support provided and will be provided when phone support and remote support options have been exhausted.

2.2 Scheduled SCADA Maintenance
In order to ensure the PLCs, OITs, and SCADA systems are properly maintained and updated, Enterprise Automation will perform scheduled maintenance twice per year.

The services to be provided during scheduled maintenance visits includes:
• Review of system error logs
• Review of SCADA alarms
• Interviewing engineering and operation staff for platform performance issues • Complete backup of all virtualized resources
• Hardware visual inspection
o Control panels with PLCs or Remote IO (review status lights) o Server Infrastructure (servers, UPS, thin clients, etc.) o IT hardware (review status lights)
o Thin Clients and peripherals

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2.2.1 Procedures
To promote consistency and thoroughness, EA will develop procedures and a master checklist for scheduled SCADA maintenance visits. The procedures will be based on EA’s standard maintenance procedure but customized for SMO’s specific needs and infrastructure.

The procedures to be developed are as follows:

EA in-office maintenance procedures:
1) SCADA Test Platform WSUS Update Procedure
On-site maintenance procedures:
2) Software Maintenance Procedure
3) Hardware Maintenance Procedure
Miscellaneous:
4) SCADA CR Procedure
Each of these procedures will be used for every scheduled maintenance inspection, which will be performed once approximately every six months (biannually).

The City has two specific requests be built into the procedures.

1. Disaster recovery testing during maintenance visits

2. Monthly checks on AppServer logs

2.2.2 SCADA CR System Setup
Based on the template change management process in use by other EA water and wastewater clients, EA will draft an initial CR Process document. This document will contain the procedure to be followed when requesting, estimating, executing, and completing a change to the City’s existing SCADA system. This process ensures the City maintains awareness and control over the support budgets, only modifies areas of the system based on approval, and properly updates documents and individuals with each change. End users with a defined and adhered to change management process have higher functioning and more reliable systems as a result of this tighter oversight and control.

2.2.3 Test platform update
As part of EA’s standard maintenance procedures, Windows Updates will be applied and tested to SMO’s SCADA servers. On occasion, an update will interfere with SCADA system functions.

Examples include: communication with field devices or opening third party (non-Microsoft) software.

For this reason, prior to each on-site maintenance trip, EA will install Microsoft updates on all SCADA computers on SMO’s test platform, and will subsequently run the system overnight to validate SCADA operations.

2.2.3.1 Test platform hosting
Enterprise Automation currently hosts 20+ virtual machines on our IT infrastructure. This allows EA to develop and make changes to the City’s SCADA system in a controlled manner. On this platform, we can easily test changes before they are deployed onsite, minimizing deployment risk.

Enterprise Automation charges a fee for hosting these VMs. This fee is included at the end of this proposal.

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2.2.3.2 Microsoft update failure
Should an update affect the integrity of the SCADA system, EA will investigate the issue and identify a solution. Solutions may include skipping installation of the specific update(s), requesting SCADA software manufacturer support (patches, hotfixes, etc.), or identifying alternatives as recommended by Microsoft.

If required, EA will perform all safe updates on-site, excluding the failed update, so that the SCADA system on-site is as current as possible.

Budget to fix failed updates is not included as part of this proposal. This would typically be handled by the CR system.

2.2.4 Scheduled maintenance execution
EA will schedule and send one engineer into the field for two days. EA will schedule the visit in advance, making our best effort to align with SMO’s preferred weekday hours of operation. The goal of this visit is to test the draft maintenance procedures while training city staff on how to perform the inspections and fill out the maintenance procedures.

EA will schedule a second maintenance session with the City. The goal is for EA to perform the items that can be completed remotely, while City staff perform the onsite investigation. After both parties have completed their maintenance checklists, they will have a virtual visit to review the checklists and make sure any open items are converted to CRs.

Scheduled maintenance visit budgets will not be used to implement ad-hoc change requests (CRs).

2.2.5 Inspection Follow-up
During the course of executing the maintenance procedures it is not uncommon for EA to find issues which need to be addressed. EA has provided time to review these issues with SMO (via phone). These types of issues are normally turned into CRs. This does not include time to fix issues identified during the maintenance inspection.

2.2.6 SCADA maintenance procedure revisions
Through the duration of the support contract, SMO’s personnel and/or EA engineers will likely identify additional tasks, or system changes, that should be included or modified in the maintenance procedures. Time has been included for minor procedure revisions as needed.

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9050 Irvine Center Dr Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract 2023-2024
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2.3 Manufactures’ Support Renewal Tracking
The City’s SCADA platform consists of a wide variety of hardware and software components.

Due to the mission critical nature of the system, EA recommends maintaining manufacturer’s support on an annual basis. Examples include:
• Dell server next day business support
• Wonderware technical support (System Platform, Historian, etc.) • VMware vCenter Server technical support
• Veeam technical support
• Studio 5000 software support
• etc.

The wide variety of components and manufacturers results in a complex annual renewal schedule to manage, which requires a systematic schedule and reminder system to do successfully. EA will include budget to set up the initial Mantis system and tracking items to fulfill this need.

Un
der this support contract, EA will maintain the renewal/expiration reminders in the Mantis tracking system, which will continue to function as previously designed.

Upon renewal of any manufacturer support service, it is SMO’s responsibility to disclose any requested modifications to the service plan including plan level and/or contract length. 3 Requesting Support
Written approval (email or letter) from SMO is required for all submittals within 10 business days of release by EA.

3.1 Support Access and Escalation
A contact procedure is provided in Appendix A. This procedure details the contact methods for the primary and secondary contacts, as well as providing an escalation procedure, should this be necessary.

3.2 Phone Call Response Time
EA will attempt to respond to any phone call, during the specified support hours, within one hour.

In general, EA will be able to begin troubleshooting a problem immediately after being contacted.

3.3 On-site Response Time
The City will receive priority scheduling should on-site support be required. An engineer will therefore be dispatched to site as soon as practical.

Note that EA is located in southern California. Travel time to site can vary depending on airline conditions. Time must also be allowed for the engineer to prepare for the trip.

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Appendix A: Cost
4 Appendix A: Cost

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR Summary
Project Eng. Lead Eng. PM Principal Project Eng. Lead Eng. PM Principal Hours Price Initiation 5 5 7 0 0 0 0 0 17 $4,260
SCADA Maintenance 111 36 20 0 0 16 0 0 183 $44,028
On Call Support 112 112 39 0 50 50 0 0 363 $89,196
Engineering Labor Totals 228 153 66 0 50 66 0 0 563 $137,484 Expenses (incl. taxes where applicable) Price
EXP Fees $18,388
EXP Travel $2,480
Total Expenses $20,868
Grand Total $158,352
# In Office TotalsOut of OfficeEngineering Labor
EA23SMO108 Support Contract 23-24 3.9.0.xlsm Summary 1 of 8

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR WBS Description Project Eng. Lead Eng. PM Principal Project Eng. Lead Eng. PM Principal Project initiation 12 $3,056
010 accounting setup 2
020 develop project schedule, resource loading 2
050 execution planning 2
develop initial detailed project task execution plans
030 internal kickoff meeting 2 2 2
review project scope
review design documentation
purpose, schedule, team roles, expectations
risk matrix and due dates
040 Project kickoff 5 $1,204
prepare materials for kickoff (agenda, coordination) 1
project kickoff meeting with customer 1 1 1
review scope, roles, expectations
review schedule
site inspection
notes compilation 1
Hours 5 5 7 0 0 0 0 0 17
Price $1,140 $1,300 $1,820 $0 $0 $0 $0 $0 $4,260
Price
In Office Out of Office Totals
Initiation
Engineering Labor
Hours
EA23SMO108 Support Contract 23-24 3.9.0.xlsm ENG Initiation 2 of 8

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR WBS Description Project Eng. Lead Eng. PM Principal Project Eng. Lead Eng. PM Principal 600 SCADA Maintenance Procedures Development 68 $15,952 develop maintenance procedures for maintenance visits
<estimate based on leveraging EA standards process>
EA in-office maintenance procedures 16 4
SCADA Test Platform WSUS Update Procedure
On-site maintenance procedures
Software Maintenance Procedure 16 4
Hardware Maintenance Procedure 16 4
Miscellaneous
SCADA CR Procedure
<see below 'CR Maintenance Procedure' estimation>
as-needed procedure updates 6 2
budget to make updates following procedure execution
600 Scheduled Maintenance Visit 1 26 $6,504
perform scheduled maintenance for the City
preparation 8 2
onsite visit (1 engineer, 2 days) 16
<potential maintenance visit plans>
review of system error logs
review of SCADA alarms
interviewing engineering/operations staff for platform issues complete backup of virtualized resources
hardware visual inspection
misc. discussed tasks
Hours Price
SCADA Maintenance
Engineering Labor In Office Out of Office Totals
EA23SMO108 ESTIMATE Contract 23-24 3.9.0.xlsm ENG SCADA Maintenance 3 of 8

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR WBS Description Project Eng. Lead Eng. PM Principal Project Eng. Lead Eng. PM Principal Hours Price SCADA Maintenance
Engineering Labor In Office Out of Office Totals
600 Scheduled Maintenance 2 16 $3,776
perform scheduled maintenance for the City
preparation 2 2
virtual visit (1 engineer, 1 days) 8
<potential maintenance visit plans>
review of system error logs
review of SCADA alarms
interviewing engineering/operations staff for platform issues complete backup of virtualized resources
hardware visual inspection
misc. discussed tasks
group debrief 2 2
600 CR Maintenance Procedure 33 $7,812
create draft CR process document 16 4
<estimate based on leveraging EA standards process>
submit for review
CR process document workshop 4 4
review CR process document for feedback
implement feedback and finalize document 4 1
EA23SMO108 Support Contract 23-24 3.9.0.xlsm ENG SCADA Maintenance 4 of 8

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR WBS Description Project Eng. Lead Eng. PM Principal Project Eng. Lead Eng. PM Principal Hours Price SCADA Maintenance
Engineering Labor In Office Out of Office Totals
600 CR Tracking System Setup 4 2 6 $1,432
create dedicated area in Mantis for tracking and logging CRs <estimate based on leveragiung EA standards process>
system change requests
bug fix requests
misc. request tracking
600 Test Platform Update 4 2 6 $1,432
apply Windows updates and test
<updates to be installed prior to each maintenance visit> 600 Manufactures' Support Renewal Tracking 8 $1,920
update tracking system and renewal dates 4 2
review active support cycles
utilize tracking and report to the City as needed 1 1
990 Project management 20 $5,200
coordination, project management, overhead, meetings 20 Hours 111 36 20 0 0 16 0 0 183
Price $25,308 $9,360 $5,200 $0 $0 $4,160 $0 $0 $44,028
EA23SMO108 Support Contract 23-24 3.9.0.xlsm ENG SCADA Maintenance 5 of 8

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR WBS Description Project Eng. Lead Eng. PM Principal Project Eng. Lead Eng. PM Principal 650 On Call Support 16 16 10 10 52 $12,688
as needed planning and emergency budget
600 Change Requests 272 $66,368
CR management 16 16
CR execution 80 80 40 40
<individual CRs created upon request>
990 Project management 39 $10,140
coordination, project management, overhead, meetings 39 Hours 112 112 39 0 50 50 0 0 363
Price $25,536 $29,120 $10,140 $0 $11,400 $13,000 $0 $0 $89,196 Hours Price
On Call Support
Engineering Labor In Office Out of Office Totals
EA23SMO108 Support Contract 23-24 3.9.0.xlsm ENG On Call Support 6 of 8

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR No. Name / Type Description Price

1. Priority Support 10x5 phone support fee $10,000

2. Test platform hosting test platform hosting fee (Tier 2) $8,388 Price $18,388
Fees
EA23SMO108 Support Contract 23-24 3.9.0.xlsm EXP Fees 7 of 8

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Client: City of San Mateo
Project: Support Contract 23-24
Number: EA23SMO108 Date: 10/16/2023 Revision: 4.0.0 Author: MM Reviewed By: JR Travel
Scheduled Maintenance Visits $992

1. hotel per night, per GSA rate 2 $222 $444

2. flight round trip, per person 2 $200 $400

3. per diem per GSA rate 2 $74 $148
On-Call Support/CR Visits $1,488

1. hotel per night, per GSA rate 3 $222 $666

2. flight round trip, per person 3 $200 $600

3. per diem per GSA rate 3 $74 $222
Price $2,480
Ext. Cost PriceNo. Description Rate Details Qty. Unit Cost EA23SMO108 Support Contract 23-24 3.9.0.xlsm EXP Travel 8 of 8

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Support Contract 2023-2024 Scope of Work
Scope of Work
Appendix B: I/O List
5 Appendix B: I/O List

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Module I/O # Tag Name Description Open Close Modbus Address 1 1 ML_Eng1_Fail Marina Lagoon Engine 1 Fail NORMAL ALARM 306190:01 1 2 ML_Eng2_Fail Marina Lagoon Engine 2 Fail NORMAL ALARM 306190:02 1 3 ML_Eng3_Fail Marina Lagoon Engine 3 Fail NORMAL ALARM 306190:03 1 4 ML_Eng4_Fail Marina Lagoon Engine 4 Fail NORMAL ALARM 306190:04 1 5 ML_Eng5_Fail Marina Lagoon Engine 5 Fail NORMAL ALARM 306190:05 1 6 ML_Generator Marina Lagoon Standby Generator Fail NORMAL ALARM 306190:06 1 7 ML_LowFuel Marina Lagoon Low Fuel Level NORMAL ALARM 306190:07 1 8 ML_GeneratorStatus Marina Lagoon Standby Generator Status OFF ON 306190:08 1 9 ML_HighLagLevel Marina Lagoon Lagoon Water Level High NORMAL ALARM 306190:09 1 10 ML_LowLagLevel Marina Lagoon Lagoon Water Level Low NORMAL ALARM 306190:10 1 11 ML_FillGateOpen Marina Lagoon Fill Gate is Completely Open OPEN NORMAL 306190:11 1 12 ML_FillGateClosed Marina Lagoon Fill Gate Completely Closed NORMAL ALARM 306190:12 1 13 ML_SiteEntry Marina Lagoon Site Entry ALARM NORMAL 306190:13 1 14 ML_PG&Epower Marina Lagoon PG &E Power Status NORMAL FAILURE 306190:14 1 15 Spare N/A
1 16 ML_FillPump Marina Lagoon Fill Pump Status OFF ON 306190:16 2 1 ML_Engine1 Marina Lagoon Engine 1 Status OFF ON 306446:01 2 2 ML_Engine2 Marina Lagoon Engine 2 Status OFF ON 306446:02 2 3 ML_Engine3 Marina Lagoon Engine 3 Status OFF ON 306446:03 2 4 ML_Engine4 Marina Lagoon Engine 4 Status OFF ON 306446:04 2 5 ML_Engine5 Marina Lagoon Engine 5 Status OFF ON 306446:05 2 6 ML_Eng1_Overcrank Marina Lagoon Engine 1 Overcrank Alarm NORMAL ALARM 306446:06 2 7 ML_Eng2_Overcrank Marina Lagoon Engine 2 Overcrank Alarm NORMAL ALARM 306446:07 2 8 ML_Eng3_Overcrank Marina Lagoon Engine 3 Overcrank Alarm NORMAL ALARM 306446:08 2 9 ML_Eng4_Overcrank Marina Lagoon Engine 4 Overcrank Alarm NORMAL ALARM 306446:09 2 10 ML_Eng5_Overcrank Marina Lagoon Engine 5 Overcrank Alarm NORMAL ALARM 306446:10 2 11 ML_Eng1_Overspeed Marina Lagoon Engine 1 Overspeed Alarm NORMAL ALARM 306446:11 2 12 ML_Eng2_Overspeed Marina Lagoon Engine 2 Overspeed Alarm NORMAL ALARM 306446:12 2 13 ML_Eng3_Overspeed Marina Lagoon Engine 3 Overspeed Alarm NORMAL ALARM 306446:13 2 14 ML_Eng4_Overspeed Marina Lagoon Engine 4 Overspeed Alarm NORMAL ALARM 306446:14 2 15 ML_Eng5_Overspeed Marina Lagoon Engine 5 Overspeed Alarm NORMAL ALARM 306446:15 2 16 ML_Eng1_HiTemp Marina Lagoon Engine 1 High Water Temp NORMAL ALARM 306446:16 3 1 ML_Eng2_HiTemp Marina Lagoon Engine 2 High Water Temp NORMAL ALARM 314382:01 3 2 ML_Eng3_HiTemp Marina Lagoon Engine 3 High Water Temp NORMAL ALARM 314382:02 3 3 ML_Eng4_HiTemp Marina Lagoon Engine 4 High Water Temp NORMAL ALARM 314382:03 3 4 ML_Eng5_HiTemp Marina Lagoon Engine 5 High Water Temp NORMAL ALARM 314382:04 3 5 ML_Eng1_LowOil Marina Lagoon Engine 1 Low Oil Pressure NORMAL ALARM 314382:05 3 6 ML_Eng2_LowOil Marina Lagoon Engine 2 Low Oil Pressure NORMAL ALARM 314382:06 3 7 ML_Eng3_LowOil Marina Lagoon Engine 3 Low Oil Pressure NORMAL ALARM 314382:07 3 8 ML_Eng4_LowOil Marina Lagoon Engine 4 Low Oil Pressure NORMAL ALARM 314382:08 3 9 ML_Eng5_LowOil Marina Lagoon Engine 5 Low Oil Pressure NORMAL ALARM 314382:09 3 10 ML_Eng1_LoWater Marina Lagoon Engine 1 Low Water Level NORMAL ALARM 314382:10 3 11 ML_Eng2_LoWater Marina Lagoon Engine 2 Low Water Level NORMAL ALARM 314382:11 3 12 ML_Eng3_LoWater Marina Lagoon Engine 3 Low Water Level NORMAL ALARM 314382:12 3 13 ML_Eng4_LoWater Marina Lagoon Engine 4 Low Water Level NORMAL ALARM 314382:13 3 14 ML_Eng5_LoWater Marina Lagoon Engine 5 Low Water Level NORMAL ALARM 314382:14 3 15 ML_Eng1_LoGearbox Marina Lagoon Engine 1 Low Gearbox Oil Pressure NORMAL ALARM 314382:15 3 16 ML_Eng2_LoGearbox Marina Lagoon Engine 2 Low Gearbox Oil Pressure NORMAL ALARM 314382:16 4 1 ML_Eng3_LoGearbox Marina Lagoon Engine 3 Low Gearbox Oil Pressure NORMAL ALARM 314638:01 4 2 ML_Eng4_LoGearbox Marina Lagoon Engine 4 Low Gearbox Oil Pressure NORMAL ALARM 314638:02 4 3 ML_Eng5_LoGearbox Marina Lagoon Engine 5 Low Gearbox Oil Pressure NORMAL ALARM 314638:03 4 4 ML_WetWellHigh Marina Lagoon Wet Well High Level Float NORMAL ALARM 314638:04 4 5 ML_WetWellLow Marina Lagoon Wet Well Low Level Float NORMAL ALARM 314638:05 4 6 ML_OutsideHiHi Marina Lagoon Outside High High Level Float NORMAL ALARM 314638:06 Module I/O # Tag Name Description
1 1 Spare
1 2 ML_WetWellLevel Marina Lagoon Wet Well Level*
1 3 ML_LagLevelFeet Marina Lagoon Level*
1 4 Spare
San Mateo
12-Sep-23
Digital Inputs
Analog Inputs
Marina Lagoon I/O Listing V3
Modbus Address
N/A
308494
308750
N/A

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*4–20mA signal corresponds to integer value of 0–32767. Bad value is equal to -32768 Value # Description
1 Digital Inputs 33 - 48
2 Digital Inputs 49 - 64
3 ML_Eng1_Cumulative_Starts Marina Lagoon Engine 1 Cumulative # of Starts 4 ML_Eng1_Month_Starts Marina Lagoon Engine 1 # of Starts this month 5 ML_Eng1_PrevMonth_Starts Marina Lagoon Engine 1 # of Starts in previous month 6 ML_Eng1_Cumulative_Runtime Marina Lagoon Engine 1 Cumulative Runtime 7 ML_Eng1_Month_Runtime Marina Lagoon Engine 1 Runtime this Month 8 ML_Eng1_PrevMonth_Runtime Marina Lagoon Engine 1 Runtime in previous month 9 ML_Eng2_Cumulative_Starts Marina Lagoon Engine 2 Cumulative # of Starts 10 ML_Eng2_Month_Starts Marina Lagoon Engine 2 # of Starts this month 11 ML_Eng2_PrevMonth_Starts Marina Lagoon Engine 2 # of Starts in previous month 12 ML_Eng2_Cumulative_Runtime Marina Lagoon Engine 2 Cumulative Runtime 13 ML_Eng2_Month_Runtime Marina Lagoon Engine 2 Runtime this Month 14 ML_Eng2_PrevMonth_Runtime Marina Lagoon Engine 2 Runtime in previous month 15 ML_Eng3_Cumulative_Starts Marina Lagoon Engine 3 Cumulative # of Starts 16 ML_Eng3_Month_Starts Marina Lagoon Engine 3 # of Starts this month 17 ML_Eng3_PrevMonth_Starts Marina Lagoon Engine 3 # of Starts in previous month 18 ML_Eng3_Cumulative_Runtime Marina Lagoon Engine 3 Cumulative Runtime 19 ML_Eng3_Month_Runtime Marina Lagoon Engine 3 Runtime this Month 20 ML_Eng3_PrevMonth_Runtime Marina Lagoon Engine 3 Runtime in previous month 21 ML_Eng4_Cumulative_Starts Marina Lagoon Engine 4 Cumulative # of Starts 22 ML_Eng4_Month_Starts Marina Lagoon Engine 4 # of Starts this month 23 ML_Eng4_PrevMonth_Starts Marina Lagoon Engine 4 # of Starts in previous month 24 ML_Eng4_Cumulative_Runtime Marina Lagoon Engine 4 Cumulative Runtime 25 ML_Eng4_Month_Runtime Marina Lagoon Engine 4 Runtime this Month 26 ML_Eng4_PrevMonth_Runtime Marina Lagoon Engine 4 Runtime in previous month 27 ML_Eng5_Cumulative_Starts Marina Lagoon Engine 5 Cumulative # of Starts 28 ML_Eng5_Month_Starts Marina Lagoon Engine 5 # of Starts this month 29 ML_Eng5_PrevMonth_Starts Marina Lagoon Engine 5 # of Starts in previous month 30 ML_Eng5_Cumulative_Runtime Marina Lagoon Engine 5 Cumulative Runtime 31 ML_Eng5_Month_Runtime Marina Lagoon Engine 5 Runtime this Month 32 ML_Eng5_PrevMonth_Runtime Marina Lagoon Engine 5 Runtime in previous month 33 ML_Gen_Cumulative_Starts Marina Lagoon Generator Cumulative # of Starts 34 ML_Gen_Month_Starts Marina Lagoon Generator # of Starts this month 35 ML_Gen_PrevMonth_Starts Marina Lagoon Generator # of Starts in previous month 36 ML_Gen_Cumulative_Runtime Marina Lagoon Generator Cumulative Runtime 37 ML_Gen_Month_Runtime Marina Lagoon Generator Runtime this Month 38 ML_Gen_PrevMonth_Runtime Marina Lagoon Generator Runtime in previous month Tag Name Description
ML_Reset_RTs_Starts Marina Lagoon Reset cumulative runtimes and starts** **Value of -1 should be written to this address
407982
Command #
1 Commands
Modbus Address
322574
322830
323086
323342
323598
321294
321550
321806
322062
322318
320014
320270
320526
320782
321038
318734
318990
319246
319502
319758
317454
323854
Tag Name
Values
Modbus Address
314894
315150
N/A
N/A
N/A
N/A
317710
317966
318222
318478
316686
316942
317198
315918
315406
315662
316174
316430

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CITY OF SAN MATEO
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2 4

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 14-1311 File ID: 23-8120 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: November 06, 2023
SUBJECT:
375 2nd Avenue – Lease Agreement
RECOMMENDATION:

Approve a lease agreement with Cold Stone Creamery Leasing, Inc. for a five-year term and five-year option, for the City- owned space at 375 2nd Avenue and authorize the City Manager to execute the lease in substantially the form presented.

BACKGROUND:

There are six commercial spaces at the Main Street Garage, owned and managed by the City. These commercial spaces were created to attract retail tenants that enhance the downtown area. Cold Stone Creamery Leasing, Inc. provides customers with a premium ice cream experience.

Cold Stone Creamery Leasing, Inc. is the corporate entity for the national chain, and they intend to remain in their current retail space for their franchisees. Since May 2003 Cold Stone Creamery Leasing, Inc. has maintained an exemplary record of lease compliance and responsible tenancy. They have utilized all available lease extensions under the existing agreement. Consequently, the parties are proposing to enter into a new lease agreement with updated terms.

The City’s commercial property manager negotiated a five-year (60 month) lease term with Cold Stone Creamery, Inc. and one five-year (60) month extension option. The initial lease rate is $3,224.50 monthly or roughly $3.09 per square foot, with a 3% annual increase. Should Cold Stone Creamery Leasing execute the five-year extension option, the rent will be increased by the consumer price index annually.

The following is a summary of the key deal points:
•Term of Lease: Initial five-year (60 month) term with one five-year (60 month) extension option to renew. •Rent: $3,224.50 a month gross with 3% annual increases for the initial five-year term. •Use of premises: Cold Stone Creamery ice cream store.
•Broker Commission: Commission fee of $1,000.

BUDGET IMPACT:

The new lease will generate $205,431.70 in revenue to the City over the initial five-year term. The revenue is deposited in the Downtown Parking and Maintenance Fund (Fund 28) and is used to fund improvements to the Downtown parking facilities and to cover other Downtown maintenance expenses. The brokerage fee will be deducted from the commercial property revenues.

ENVIRONMENTAL DETERMINATION:

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

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

ATTACHMENTS
Att 1 - Proposed Lease

STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009

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AIR CRE Contracts

STANDARD INDUSTRIAL/ COMMERCIAL MULTI-TENANT LEASE - NET

1. Basic Provisions ("Basic Provisions").

1.1 Parties. This Lease ("Lease"), dated for reference purposes only , is made by and between CITY OF SAN MATEO("Lessor") and COLD STONE CREAMERY LEASING COMPANY, INC.("Lessee"), (collectively the "Parties", or individually a "Party").

1.2(a)Premises: That certain real property, including all improvements therein or to be provided by Lessor under the terms of this Lease, commonly known as (street address, unit/suite, city, state, zip): 375 Second Avenue, San Mateo, CA 94401 ("Premises"). The Premises are located in the County of San Mateo, and are generally described as (describe briefly the nature of the Premises and the "Project"): an approximately 1,050SF space in a multi-tenant parking structure building, per the site plan attached per Section 1.12 below. In addition to Lessee's rights to use and occupy the Premises as hereinafter specified, Lessee shall have non-exclusive rights to any utility raceways of the building containing the Premises ("Building") and to the Common Areas (as defined in Paragraph 2.7 below), but shall not have any rights to the roof, or exterior walls of the Building or to any other buildings in the Project. The Premises, the Building, the Common Areas, the land upon which they are located, along with all other buildings and improvements thereon, are herein collectively referred to as the "Project." (See also Paragraph 2)

1.2(b)Parking: nounreserved vehicle parking spaces. (See also Paragraph 2.6)

1.3 Term: five (5) years and nomonths ("Original Term") commencing November 1, 2023 ("Commencement Date") and ending October 31, 2028 ("Expiration Date"). (See also Paragraph 3 )

1.4 Early Possession: If the Premises are available Lessee may have non-exclusive possession of the Premises commencing ("Early Possession Date"). (See also Paragraphs 3.2 and 3.3)

1.5 Base Rent: $3,244.50 per month ("Base Rent"), payable on the first day of each month commencing November 1,2023 subject to Paragraph 50 herein (See also Paragraph 4). In addition to the Base Rent, Lessee shall pay the amount of Two Hundred and fifty and 00/100 ($250.00) dollars each month as a contribution to the maintenance of the common area of the Project. All rent is to be paid by check via mail to Prodesse Property Group at 1065 E. Hillsdale Blvd., Suite 317, Foster City, CA 94404.

If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted. See Paragraph 50.

1.6 Lessee's Share of Common Area Operating Expenses: nonepercent ( 0%) ("Lessee's Share"). In the event that the size of the Premises and/or the Project are modified during the term of this Lease, Lessor shall recalculate Lessee's Share to reflect such modification.

1.7 Base Rent and Other Monies Paid Upon Execution:
(a) Base Rent: $3,244.50 for the period November 1, 2023 to November 30, 2023 . (b) Common Area Operating Expenses: The current estimate for the period November 1, 2023 to November 30, 2023 is $250.00 .
(c) Security Deposit: $3,244.50, already paid ("Security Deposit"). (See also Paragraph 5) (d) Other: for .
(e) Total Due Upon Execution of this Lease: $6,489.00 .

1.8 Agreed Use: for the operation of a Cold Stone Creamery ice cream store . (See also Paragraph 6)

1.9 Insuring Party. Lessor is the "Insuring Party". (See also Paragraph 8)

1.10 Real Estate Brokers. (See also Paragraphs 15 and 25) (a) Representation: Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consents to the following agency relationships in this Lease with the following real estate brokers ("Broker(s)") and/or their agents ("Agent(s)"):

Lessor's Brokerage Firm Prodesse Property GroupLicense No. 01167036 Is the broker of (check one) the Lessor; or both the Lessee and Lessor (dual agent).

Lessor's Agent Dean IsaacsLicense No. 00807972 is (check one): the Lessor's Agent (salesperson or broker associate); or both the Lessee's Agent and the Lessor's Agent (dual agent).

Lessee's Brokerage Firm License No. Is the broker of (check one): the Lessee; or both the Lessee and Lessor (dual agent).

Lessee's Agent License No. is (check one): the Lessee's Agent (salesperson or broker associate); or both the Lessee's Agent and the Lessor's Agent (dual agent).
(b) Payment to Brokers. Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Brokers the brokerage fee agreed to in a separate written agreement (or if there is no such agreement, the sum of or % of the total Base Rent) for the brokerage services rendered by the Brokers.

1.11 Guarantor. The obligations of the Lessee under this Lease are to be guaranteed by ("Guarantor"). (See also Paragraph 37)

1.12 Attachments. Attached hereto are the following, all of which constitute a part of this Lease:

An Addendum consisting of Paragraphs 50through 56; A Site Plan and floor plan;
A current set of the Rules and Regulations for the Project;

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a current set of the Rules and Regulations adopted by the owners' association; a Work Letter;
other (specify): .

2. Premises.

2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to be different. NOTE: Lessee is advised to verify the actual size prior to executing this Lease.

2.2 Condition. Lessor shall deliver that portion of the Premises contained within the Building ("Unit") to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the Unit, other than those constructed by Lessee, shall be in good operating condition on said date, that the structural elements of the roof, bearing walls and foundation of the Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If a non-compliance with such warranty exists as of the Start Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. The warranty periods shall be as follows: (i) 6 months as to the HVAC systems, and (ii) 30 days as to the remaining systems and other elements of the Unit. If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense (except for the repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls - see Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.

2.3 Compliance. Lessor warrants that to the best of its knowledge the improvements on the Premises comply with the building codes, applicable laws, covenants or restrictions of record, regulations, and ordinances ("Applicable Requirements") that were in effect at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee's use (see Paragraph 49), or to any Alterations or Utility Installations (as defined in Paragraph 7.3(a)) made or to be made by Lessee. NOTE: Lessee is responsible for determining whether or not the Applicable Requirements, and especially the zoning are appropriate for Lessee's intended use, and acknowledges that past uses of the Premises may no longer be allowed. If the Premises do not comply with said warranty, Lessor shall, except as otherwise provided, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify the same at Lessor's expense. If Lessee does not give Lessor written notice of a non-compliance with this warranty within 6 months following the Start Date, correction of that non-compliance shall be the obligation of Lessee at Lessee's sole cost and expense. If the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration of the Unit, Premises and/or Building, the remediation of any Hazardous Substance, or the reinforcement or other physical modification of the Unit, Premises and/or Building ("Capital Expenditure"), Lessor and Lessee shall allocate the cost of such work as follows:
(a) Subject to Paragraph 2.3(c) below, if such Capital Expenditures are required as a result of the specific and unique use of the Premises by Lessee as compared with uses by tenants in general, Lessee shall be fully responsible for the cost thereof, provided, however, that if such Capital Expenditure is required during the last 2 years of this Lease and the cost thereof exceeds 6 months' Base Rent, Lessee may instead terminate this Lease unless Lessor notifies Lessee, in writing, within 10 days after receipt of Lessee's termination notice that Lessor has elected to pay the difference between the actual cost thereof and the amount equal to 6 months' Base Rent. If Lessee elects termination, Lessee shall immediately cease the use of the Premises which requires such Capital Expenditure and deliver to Lessor written notice specifying a termination date at least 90 days thereafter. Such termination date shall, however, in no event be earlier than the last day that Lessee could legally utilize the Premises without commencing such Capital Expenditure. (b) If such Capital Expenditure is not the result of the specific and unique use of the Premises by Lessee (such as, governmentally mandated seismic modifications), then Lessor shall pay for such Capital Expenditure and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease or any extension thereof, on the date that on which the Base Rent is due, an amount equal to 1/144th of the portion of such costs reasonably attributable to the Premises. Lessee shall pay Interest on the balance but may prepay its obligation at any time. If, however, such Capital Expenditure is required during the last 2 years of this Lease or if Lessor reasonably determines that it is not economically feasible to pay its share thereof, Lessor shall have the option to terminate this Lease upon 90 days prior written notice to Lessee unless Lessee notifies Lessor, in writing, within 30 days after receipt of Lessor's termination notice that Lessee will pay for such Capital Expenditure. If Lessor does not elect to terminate, and fails to tender its share of any such Capital Expenditure, Lessee may advance such funds and deduct same, with Interest, from Rent until Lessor's share of such costs have been fully paid. If Lessee is unable to finance Lessor's share, or if the balance of the Rent due and payable for the remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis, Lessee shall have the right to terminate this Lease upon 30 days written notice to Lessor.
(c) Notwithstanding the above, the provisions concerning Capital Expenditures are intended to apply only to non-voluntary, unexpected, and new Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change in use, change in intensity of use, or modification to the Premises then, and in that event, Lessee shall either: (i) immediately cease such changed use or intensity of use and/or take such other steps as may be necessary to eliminate the requirement for such Capital Expenditure, or (ii) complete such Capital Expenditure at its own expense. Lessee shall not have any right to terminate this Lease.

2.4 Acknowledgements. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the Premises; (b) it has been advised by Lessor and/or Brokers to satisfy itself with respect to the size and condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler systems, security, environmental aspects, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for Lessee's intended use; (c) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the Premises; (d) it is not relying on any representation as to the size of the Premises made by Brokers or Lessor; (e) the square footage of the Premises was not material to Lessee's decision to lease the Premises and pay the Rent stated herein; and (f) neither Lessor, Lessor's agents, nor Brokers have made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease. In addition, Lessor acknowledges that: (i) Brokers have made no representations, promises or warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises and (ii) it is Lessor's sole responsibility to investigate the financial capability and/or suitability of all proposed tenants.

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San Mateo City CouncilNovember 6, 2023

San Mateo City Council
November 6, 2023