Agenda packet, regular meeting — San Mateo City Council, November 20, 2023 (part 2 of 4)

San Mateo Rail Corridor TMA Stakeholder Contact List
As of September 2022
Developer/Owner Contact Project Status TMA Director TMA Alternate Deanna Chalfant Station Park Green General Member Erin Morella Deanna Chalfant Essex Property Trust 430 Station Park Circle #100 [email protected] [email protected] 1100 Park Place, Suite 200 Erin Morella
San Mateo, CA 94403 [email protected]
(650) 655-7897
Wilson Meany Bay Meadows General Member Adam Hamilton Diana Singh 4 Embarcadero, 33rd Floor 2750 S. Delaware Strret [email protected] [email protected] San Francisco, CA 94111 (multiple addresses) Stephanie Pearlman (415) 905-5383 [email protected]
Diamond Investment Properties 400|450 Concar General Member Andrew Diamond (Vice Chair) Garry Gomez 450 Concar Dr., Suite 100 450 Concar Dr. [email protected] [email protected] San Mateo, CA 94402
(650) 776-1281
MidPen Housing Corporation Peninsula Station General Member Mollie Naber Sarah Etheredge (Chair) 303 Vintage Park Drive, Suite 250 2905 S. El Camino Real [email protected] [email protected] Foster City, CA 94404
(650) 356-2915
MidPen Housing Corporation Delaware Pacific General Member Sarah Etheredge (Chair) Mollie Naber 303 Vintage Park Drive, Suite 250 1990 S. Delaware Street [email protected] [email protected] Foster City, CA 94404
(650) 356-2915
Sares Regis of Northern California Mode Apartments General Member Chim Chune Ko Ryan Hinrichs - Regional Manager 901 Mariner's island Blvd, Suite 700 2089 Pacific Blvd. On-site Property Manager Sares Regis Property Management San Mateo, CA 94404 [email protected] [email protected] Westlake Realty/DJA Properties 2000 Delaware Apartments General Member Mike Wiley Pattie Philibosian 2000 S. Delaware St. 2000 S. Delaware Street [email protected] [email protected] San Mateo, CA 94403 Sally Carlisle
(650) 353-5624 [email protected]
The Nueva School The Nueva School General Member Steve Osborne Open 131 E. 28th Avenue 131 E. 28th Avenue [email protected] San Mateo, CA 94403
(650) 350-4600
Bridge Housing Montara General Member Jon McCall Cathy Escobar 600 California Street, Suite 900 2775 S. Delaware [email protected] [email protected] San Francisco, CA 94108
(415) 321-4036
Franklin Templeton Franklin Templeton (Phase 1) General Member Nael Younes Julie Venturi One Franklin Parkway One Franklin Parkway [email protected] [email protected] San Mateo, CA 94403 Dan Stuber
(925) 875-2510 [email protected]
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San Mateo Rail Corridor TMA Stakeholder Contact List
As of September 2022
Developer/Owner Contact Project Status TMA Director TMA Alternate Dave Wilbur Azara General Member Dave Wilbur Bruce Burkard Four Corners Properties 1650 S. Delaware [email protected] [email protected] 339 S San Antonio Road, Suite 2B
Los Altos, CA 94022
(650) 793-5000
Brian Myers Passage General Member (pending) Brian Myers Julie Baigent Nuquest Ventures, LLC 640 Concar Drive [email protected] [email protected] Brookfield Properties (?)
Unknown Hillsdale Terraces General Member (pending) Albert Costa LF George Holdings (developer) Hillsdale Terraces, LLC 2700 South El Camino Real *City Council approved 2/2017 [email protected] 159 El Camino Real Architect for Developer
Millbrae, CA 94030
(650) 697-3800
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MINUTES
SAN MATEO RAIL CORRIDOR TMA General Membership & Board of Directors Meeting January 24, 2022, 11:00 AM
Online (Zoom)

Present: Pattie Philibosian – Westlake Urban (2000 Delaware) Andrew Diamond – 400/450 Concar
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Chim Chune Ko – Sares Regis (Mode)
Cathy Escobar – Montara (Bridge Housing)
Adam Hamilton – Wilson Meany (Bay Meadows)
Charla Neta – Station Park Green
Edwina Jean-Louis – MidPen Housing (Peninsula Station)
Staff: John Ford – Commute.org
Guests: Mike Wiley – Mode
Sue-Ellen Atkinson – City of San Mateo
Emma Shlaes– Commute.org
Carmen Chen – Commute.org
Paul Krupka – Krupka Consulting

1. Call to Order
• The meeting was called to order by TMA Chair Sarah Etheredge at 11:03 AM.

2. Approvals
• On a motion/second by Andrew/Adam, the meeting minutes of September 20, 2021, were approved as presented.

3. Project Updates
• The general members introduced themselves and gave a brief update as to the status of their respective projects. There was one new representative, Edwina Jean-Louis, attending her first official meeting.
• Most projects reported status quo conditions since the last meeting in September 2021.

Adam reported that “Res 6” is a new residential development with 54 rental units planned for construction in the next two years. None of the other members had new development to report.

4. Report from City of San Mateo
• Sue-Ellen Atkinson gave an update for the City of San Mateo. Azalea Mitch, the nonvoting board member representative from the city, was unable to attend the meeting. • There were no items from the city. John asked about Concar Village and the Sares-Regis development at the Hayward Park Caltrain station. The city did not have new information on either project.
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5. Report from Acting Executive Director (John Ford)
• Tax returns for calendar year 2021 will filed in February. TMA revenue continues to be below the threshold that would require a formal return; therefore, the postcard style tax reporting continues to the only requirement.
• John reviewed the financial statements for the period ending December 31, 2021. On a motion/second by Andrew/Charla, the statements were accepted as presented. • John introduced two new members of the Commute.org staff, Emma Shlaes and Carmen Chen, and informed the board that they were helpful in updating the member survey that had been distributed in December. Only one member had yet to complete the survey by this meeting and John is actively working with them to get it completed.

6. Report from Consultant
• Paul Krupka of Krupka Consulting gave a presentation on the status of the 2021 annual report. Draft driveway count data was shared with the board and only one project seems to be over the driveway count threshold for 2021. More detailed analysis will be done on the counts before they get included in the report and shared with the project owners. • Paul shared the project plan and timeline for completing the 2021 report. He will work with Commute.org staff on the survey data and in his efforts to put together the report.

7. New Business
• Election of New Directors:

The following member representatives were nominated to serve on the board of directors:

Project Status Director Alternate
2000 Delaware
(Westlake Urban) General Member Jessica Smith Pattie Philibosian 400|450 Concar
(Diamond
Properties)
General Member Andrew Diamond Garry Gomez
Azara (Four Corners
Properties) General Member Dave Wilbur Bruce Burkard
Bay Meadows
(Wilson Meany) General Member Adam Hamilton Diana Singh Delaware Pacific
(MidPen) General Member Sarah Etheredge Edwina Jean-Louis Franklin Templeton General Member Nael Younes Julie Venturi Mode Apartments
(Sares Regis) General Member Chim Chune Ko Ryan Hinrichs 145 of 608

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Montara (Bridge
Housing) General Member Cathy Escobar Jon McCall
Peninsula Station
(MidPen) General Member Edwina Jean-Louis Sarah Etheredge Station Park Green
(Essex) General Member Charla Neta Erin Morella
The Nueva School General Member Steve Osborne Terry Lee City of San Mateo Non-Voting
Member Azalea Mitch
On a motion/second by Andrew/Cathy, the slate of directors as shown above was unanimously approved.
• Election of Officers:

Officers are elected to two-year terms and full elections were held in 2020; however, the Secretary/Treasurer position was not filled until 2021. The current officers volunteered to stand for election for 2022. Each of them offered to step aside for another member, but no one volunteered to be nominated.
o Sarah Etheredge, MidPen Housing, Chair
o Andrew Diamond, Diamond Properties, Vice Chair
o Charla Neta, Secretary/Treasurer
On a motion/second by Cathy/Chim Chune, the office slate as shown above was unanimously approved.
• 2022 Dues and Budget Review and Approval:
o John presented a draft budget for 2022 which included expenditures for the consultant’s production of the 2021 annual report plus estimated expenses for the consultant to oversee the 2022 counts, estimated costs for 2022 study counts, up to 54 hours of admin/management time, insurance, and miscellaneous expenses. At the direction of the membership, nothing was budgeted for TDM programming in 2022.
o Revenue for the budget was forecast using the same dues structure as 2021.

Revenue will increase modestly in 2022 due to more projects being part of the TMA as well as more of the residential and commercial projects becoming eligible for inclusion in the dues structure.
o The proposed budget would result in a $4,600 surplus and leave reserves of approximately $57,000 at year end.
o Dues invoices will be generated by John and sent to all members in February.

Adjusting invoices (if necessary) will be generated and sent later in the year for 146 of 608

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projects that receive their Certificate of Occupancy mid-year. Those dues will be prorated based on the COO date. o On a motion/second by Andrew/Adam, the 2022 budget was approved, and member dues for 2022 were set as follows:

Dues Category 2022 Rate
Residential rate per unit $ 6.00
Commercial rate per rentable square foot $ 0.0225
Educational rate per square foot of buildings $ 0.0075
• Other New Business:
o John shared an updated board meeting calendar for the remained of 2022. The next meeting will be held on May 9 (Q2) with the Q3 meeting scheduled for September 12.

No date has been set for the Q4 meeting.

8. Adjournment

The general member and board of directors meeting adjourned at 11:49 AM. 147 of 608

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MINUTES
SAN MATEO RAIL CORRIDOR TMA Board of Directors Meeting
May 9, 2022, 11:00 AM
Online (Zoom)

Present: Pattie Philibosian – Westlake Urban (2000 Delaware) Andrew Diamond – 400/450 Concar
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Chim Chune Ko – Sares Regis (Mode)
Cathy Escobar – Montara (Bridge Housing)
Adam Hamilton – Wilson Meany (Bay Meadows)
Charla Neta – Station Park Green
Edwina Jean-Louis – MidPen Housing (Peninsula Station)
Staff: John Ford – Commute.org
Guests: Mike Wiley – Mode
Sue-Ellen Atkinson – City of San Mateo
Carmen Chen – Commute.org
Paul Krupka – Krupka Consulting

1. Call to Order
• The meeting was called to order by TMA Chair Sarah Etheredge at 11:03 AM.

2. Approvals
• On a motion/second by Andrew/Chim Chune, the meeting minutes of January 24, 2022, were approved as amended. Sarah Etheredge clarified that May meeting was held on May 9 and not May 7 as stated in the minutes. Adam Hamilton clarified that the number of residential units for Bay Meadows “Res 6” is 54 units not 80 units. Both changes will be made to the official minutes.

3. Project Updates
• Most projects reported status quo conditions since the last meeting in January 2022.

Adam reported that the new “Res 6” residential development broke ground in April and a temporary certificate of occupancy was issued for Station 1 at the end of March. Nael reported that the development site at Saratoga and Yates is no longer under consideration. None of the other members had new development to report.

4. Report from City of San Mateo
• Sue-Ellen Atkinson gave an update for the City of San Mateo. Azalea Mitch, the nonvoting board member representative from the city, was also in attendance. • The City anticipates Saratoga Drive to reopen during the month of June. The road closure will continue in July, with an anticipated permanent reopening this Fall. • The City released a request for proposal (RFP) for a connector project on 28th Avenue that seeks to close gaps in the pedestrian and bicycle network. Proposals are due at the 148 of 608

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end of May and the City expects to engage with the TMA and its members. There were no updates on the Caltrain grade separation project.

5. Report from Consultant
• Paul Krupka of Krupka Consulting gave a presentation on the 2021 annual report. All but one TMA site were below short-term thresholds. Delaware Pacific and 2000 Delaware (separate projects with a shared driveway) were above the thresholds. Sue-Ellen Atkinson noted that the City will have follow-up discussions for projects above their thresholds. Full monitoring was completed for Bay Meadows Phase II, and the project was below the maximum trip threshold.
• Paul reviewed project TDM and trip reduction plans and shared that there was no change with the exception of Azara offering an additional program. • Paul summarized results from the Annual TMA TDM Survey. • The report will be finalized and submitted to the City for review in advance of giving a presentation to the City’s Sustainability & Infrastructure commission this summer.

6. Report from Acting Executive Director (John Ford)
• Federal and state tax returns for calendar year 2021 were filed prior to the filing deadline. TMA revenue continues to be below the threshold that would require a formal return; therefore, the postcard style tax reporting continues to the only requirement. • Three projects have outstanding balances on their dues invoices and John will reach out to follow-up.
• John reviewed the financial statements for the period ending April 30, 2022. On a motion/second by Andrew/Chim Chune, the statements were accepted as presented. • John reported that the TMA will get new insurance policies later in May, which will consist of the two standard insurance policies: Liability and Directors & Officers (D&O).

7. New Business
• John shared that driveway and traffic counts will be scheduled in October. The schedule will take school breaks and daylight savings into consideration. Sue-Ellen Atkinson will confirm if there are any issues with the October timeframe.

8. Adjournment
• The general member and board of directors meeting adjourned at 11:49 AM. 149 of 608

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MINUTES
SAN MATEO RAIL CORRIDOR TMA Board of Directors Meeting
September 12, 2022, 11:00 AM
Online (Zoom)

Present: Pattie Philibosian – Westlake Urban (2000 Delaware) Andrew Diamond – 400/450 Concar
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Chim Chune Ko – Sares Regis (Mode)
Cathy Escobar – Montara (Bridge Housing)
Adam Hamilton – Wilson Meany (Bay Meadows)
Erin Morella – Station Park Green (Essex)
Dave Wilbur – Four Corners Properties (Azara)
Staff: John Ford – Commute.org
Guests: Mike Wiley – Mode
Sue-Ellen Atkinson – City of San Mateo

1. Call to Order
• The meeting was called to order by TMA Chair Sarah Etheredge at 11:01 AM.

2. Approvals
• On a motion/second by Andrew/Chim Chune, the meeting minutes of May 9, 2022, were approved as presented.

3. Project Updates
• Most projects reported status quo conditions since the last meeting in May 2022. o Bay Meadows (Adam) reported that RES 6 is still under construction as is Station

5. Station 1 will be occupied by Roblox. MU2 and MU3 are going through the approval process with the city.
o Mode (Chim Chune) reported that they are installing 30 Class 1 EV charging stations. They utilized a grant from Peninsula Clean Energy. Information on the grant program will be shared out to all members after the meeting. o Azara (Dave) reported that their project is approximately 90% leased. o Delaware Pacific and Peninsula Station (Sarah) reported that they are participating in MTC’s Clipper Bay Pass program – a two-year pilot that provides holders of the pass free transit on all participating Bay Area transit systems. o 400|450 Concar (Andrew) reported that tenants have been returning to the property and activity is returning to pre-pandemic levels. They have hired a new CFO who will be replacing Andrew on the board in the upcoming months. o Station Park Green (Erin) reported that the project is complete with all residential units being available for occupancy. Erin took over for Charla who left Essex. o 2000 Delaware (Pattie) had suggestions for improving the data collection process for the upcoming driveway counts. Her suggestions and concerns were discussed later in the meeting during New Business.
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4. Report from City of San Mateo
• Sue-Ellen Atkinson gave an update for the City of San Mateo. Azalea Mitch, the nonvoting board member representative from the city, was unable to attend. • No major announcements or projects planned for the Rail Corridor area. The city’s General Plan process is continuing, and Sue-Ellen invited all the TMA members to participate in the process.

5. Report from Acting Executive Director (John Ford)
• John reviewed the financial statements for the period ending August 31, 2022. On a motion/second by Andrew/Chim Chune, the statements were accepted as presented. • All projects have paid their 2022 dues and there are no outstanding balances. • The new insurance policies went into effect in May. The TMA purchases two policies:

Liability and Directors & Officers (D&O).

6. Old Business
• Annual Report 2021 (recap): John and Sue-Ellen reported on the presentation process for the 2021 annual report. It was presented to the city’s Sustainability and Infrastructure Committee in July. The committee made comments and recommendations for future reports and then voted to recommend approval by city council. The report was presented to city council on their consent agenda in August and was accepted without comment.
• Sue-Ellen and John will review their notes for the recommendations that were made by the committee; however, both agreed that the recommendations were minor and mostly concerned the Delaware Pacific/2000 Delaware projects that exceeded the trip count threshold.

7. New Business
• Counts/Annual Report 2022:
o John shared that Scope of Work and consultant estimate for the driveway and traffic counts that will be conducted in October. The counts will likely take place the week of October 10 or October 17 but could be done the week of October 24 depending on the availability of the consultant and their equipment. o Changes to the count for 2022 include a cordon count location change on Delaware and the addition of cameras to two driveways at Delaware Pacific/2000 Delaware. The intent of the extra cameras is to capture any cutthrough traffic and also to generate additional data on short-term traffic (i.e., Uber, Lyft, food deliveries). All other driveway/count locations will remain the same.
• Election of Secretary/Treasurer and Vice Chair:
o With the departure of Charla Neta from Essex, the Secretary/Treasurer position was vacant. Since Andrew Diamond announced that he would be leaving the board, his role as Vice Chair also became available.
o Sarah asked for volunteers to serve in those positions and Adam Hamilton volunteered to serve as Vice Chair while Chim Chune volunteered to serve as Secretary/Treasurer. Andrew made the motion. Sarah seconded the motion. The 151 of 608

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board unanimously approved the election of Adam and Chim Chune to the positions.
• Meeting Schedule for 2023: John presented dates for the 2023 board meetings which were accepted as presented. The next scheduled meeting will be held on January 23, 2023; however, the Chair can call for a meeting in Q4 of 2022 if circumstances change.

8. Adjournment
• The meeting adjourned at 11:50 AM.
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B
Appendix B – 2022 Member Survey
Detailed Survey Responses
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1 / 17
Q1 Please select the project site you are completing this survey for. If you manage multiple sites listed below, you will need to complete a separate survey for each site.

Answered: 12 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
400/450 Concar
Bay Meadows
Residential
Bay Meadows
Commercial...

Franklin
Templeton
Peninsula
Station (Mid...

Delaware
Pacific (Mid...

Mode Apartments
Montara
Nueva School
Station Park
Green
2000 Delaware
Azara
Other (please
specify)
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8.33% 1

0.00% 0
TOTAL 12
# OTHER (PLEASE SPECIFY) DATE
There are no responses.

ANSWER CHOICES RESPONSES
400/450 Concar
Bay Meadows Residential
Bay Meadows Commercial (Office and Retail)
Franklin Templeton
Peninsula Station (MidPen Housing)
Delaware Pacific (MidPen Housing)
Mode Apartments
Montara
Nueva School
Station Park Green
2000 Delaware
Azara
Other (please specify)
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83.33% 10

8.33% 1

0.00% 0

8.33% 1
Q9 Which of the following best describes how parking is provided to your tenants, residents, and/or employees? (Select all that apply) Answered: 12 Skipped: 0
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
1 We are transitioning to unbundled parking on lease turn 1/19/2023 3:02 PM 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Parking is
included as...

Parking is
unbundled fr...

Parking is not
provided...

Other (please
specify)

ANSWER CHOICES RESPONSES
Parking is included as part of leases/rents/ownership
Parking is unbundled from leases/rents and charged separately Parking is not provided on-site
Other (please specify)
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41.67% 5

8.33% 1

25.00% 3

33.33% 4
Q10 Who manages your TDM programs and activities? (Select all that apply)
Answered: 12 Skipped: 0
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
1 ownership 4/3/2023 4:49 PM
2 Tenants 3/1/2023 7:47 AM
3 DJA 3rd party property manager manages TDM program 2/3/2023 10:13 AM 4 Tenants Have their own programs 1/27/2023 1:00 PM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
In-house staff
A third-party
contractor/c...

We do not
provide TDM...

Other (please
specify)

ANSWER CHOICES RESPONSES
In-house staff
A third-party contractor/consultant
We do not provide TDM programming
Other (please specify)
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Q12 Which of the following TDM programs and amenities do you offer? (Select all that apply).

Answered: 12 Skipped: 0
Delivery
amenities
Family
supportive...

Fully-subsidize
d transit pass
Parking
cash-out
Bike purchase
subsidy
Bikeshare
(on-site)
Bikeshare
membership
Bike safety
education...

Bike racks
Secure bike
storage
Bike
repair/fix-i...

Shower
facilities
Designated
carpool/vanp...

Charged parking
EV charging
stations
Emergency ride
home (ERH)
Carshare
(on-site)
Carshare
membership
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0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Employer-sponso
red shuttle
Pedestrian-orie
nted uses on...

Commute.org
shuttle program
We do not
offer any TD...

Other (please
specify)
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41.67% 5

25.00% 3

0.00% 0

16.67% 2

66.67% 8

91.67% 11

33.33% 4

25.00% 3

16.67% 2

50.00% 6

8.33% 1

0.00% 0

8.33% 1

0.00% 0

33.33% 4
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
1 The landlord is not involved in TDM programs 3/1/2023 7:48 AM 2 carpool facilitator program 2/6/2023 12:54 PM
3 • Live transit commuter screen in lobby displays local transportation schedules • Bus and Train schedules, bike routes, ride share in rack next to transit screen in lobby • Bulletin Board with commute.org inof information and incentives displayed in lobby • Monthly emails sent to residents sharing info from commute.org • Transit education pamphlets available in lobby and included in move-in package • $25 clipper card provided in move-in package • The Resident Handbook provided to all residents includes information about local transportation options • Internal Website • Secured bike storage is available to all residents free of charge • Parcel pending carrier boxes for package delivery located in building lobby • Program education events conducted for residents for residents to learn additional information about transit options. • School bus stop directly in front of building 2/3/2023 10:15 AM

ANSWER CHOICES RESPONSES
Delivery amenities
Family supportive amenities
Fully-subsidized transit pass
Parking cash-out
Bike purchase subsidy
Bikeshare (on-site)
Bikeshare membership
Bike safety education classes
Bike racks
Secure bike storage
Bike repair/fix-it station(s)
Shower facilities
Designated carpool/vanpool parking
Charged parking
EV charging stations
Emergency ride home (ERH)
Carshare (on-site)
Carshare membership
Employer-sponsored shuttle
Pedestrian-oriented uses on ground floor
Commute.org shuttle program
We do not offer any TDM program/amenities
Other (please specify)
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4 Transit Screen in Lobby 2/3/2023 9:34 AM
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Q13 Of the programs offered, which do you feel are the most effective in reducing drive-alone trips? (Please select up to three programs) Answered: 12 Skipped: 0
Delivery
amenities
Family
supportive...

Fully-subsidize
d transit pass
Parking
cash-out
Bike purchase
subsidy
Bikeshare
(on-site)
Bikeshare
membership
Bike safety
education...

Bike racks
Secure bike
storage
Bike
repair/fix-i...

Shower
facilities
Designated
carpool/vanp...

Charged parking
EV charging
stations
Emergency ride
home (ERH)
Carshare
(on-site)
Carshare
membership
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0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Employer-sponso
red shuttle
Pedestrian-orie
nted uses on...

Commute.org
shuttle program
We do not
offer any TD...
[Insert text
from Other]
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8.33% 1

16.67% 2

25.00% 3

0.00% 0

58.33% 7

0.00% 0

16.67% 2

8.33% 1

0.00% 0

8.33% 1

0.00% 0

8.33% 1

0.00% 0

8.33% 1

0.00% 0

25.00% 3
Total Respondents: 12

25.00% 3

33.33% 4

0.00% 0

50.00% 6

41.67% 5

8.33% 1

0.00% 0

41.67% 5
Q15 How do you distribute information on TDM programs to your tenants, residents, and/or employees? (Select all that apply)
Answered: 12 Skipped: 0
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Internal
website
Email
communications
Social media
(e.g....

Online videos
Move-in/enrollm
ent/lease...

Bulletin
boards/infor...

Info sessions
(e.g. "lunch...

Commuter/benefi
ts fairs and...

We do not
distribute...

ANSWER CHOICES RESPONSES
Internal website
Email communications
Social media (e.g. Instagram, Facebook, Twitter, etc.)
Online videos
Move-in/enrollment/lease packets
Bulletin boards/information kiosks
Info sessions (e.g. "lunch and learns", orientations, etc.) Commuter/benefits fairs and events
We do not distribute information on TDM programs
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1 Hiring/Onboarding and Admission/Onboarding 2/6/2023 12:57 PM 2 Resident meetings, resident events, flyers 2/3/2023 9:34 AM 3 Tenants Handle these communications in-house 1/27/2023 1:03 PM 166 of 608
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25.00% 3

0.00% 0

8.33% 1

50.00% 6

25.00% 3
Q16 Who develops surveys used to track your tenants, residents, and/or employees' travel behaviors? (Select all that apply)
Answered: 12 Skipped: 0
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
1 Tenants 3/1/2023 7:49 AM
2 SamTrans (through Way2Go program) 2/3/2023 9:34 AM
3 SamTrans (through Way2Go program) 2/3/2023 9:33 AM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
In-house staff
Consultant
hired by our...

Commute.org or
other...

Not currently
surveying
Other (please
specify)

ANSWER CHOICES RESPONSES
In-house staff
Consultant hired by our organization
Commute.org or other regulatory body (not including this survey) Not currently surveying
Other (please specify)
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0.00% 0

33.33% 4

0.00% 0

25.00% 3

58.33% 7

0.00% 0
Q17 What metrics do you use to track performance of your TDM programs? (Select all that apply)
Answered: 12 Skipped: 0
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
There are no responses.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Mode split
(e.g. drive...

Vehicle
trips/drivew...

Vehicle miles
of travelled...

Parking
utilization
Program
participation
Performance is
not tracked
Other (please
specify)

ANSWER CHOICES RESPONSES
Mode split (e.g. drive alone/carpool/bike/transit rate) Vehicle trips/driveway counts
Vehicle miles of travelled (VMT)
Parking utilization
Program participation
Performance is not tracked
Other (please specify)
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16 / 17
Q18 Please describe how the COVID-19 pandemic impacted trips to/from your project site during 2022?
Answered: 9 Skipped: 3
# RESPONSES DATE
1 We found many residents staying home during COVID 19 which would have resulted in fewer trips.
4/6/2023 8:42 PM
2 Traffic was reduced. Many of the employees of our tenants worked from home. 3/1/2023 7:50 AM 3 It seemed to increase parking space demand. 2/28/2023 11:16 AM 4 School operated as normal 2/6/2023 12:58 PM
5 Less shuttle participation and commuter traffic to campus due to remote work from home 2/3/2023 2:53 PM 6 100% work from home. 2022 3 days a week. 2/3/2023 10:35 AM 7 Resident utilization of grocery and meal delivery services increased, which has remained high.

Residents using public transportation were negatively impacted due to bus schedules constantly changing and needing to ensure they had sufficient PPE to ride. 2/3/2023 9:34 AM
8 The Project's occupancy is still heavily impacted by COVID-19. Tenant work from home policies a still common.
1/27/2023 1:07 PM
9 More work from home has decreased the amount of people commuting for work 1/19/2023 3:05 PM 169 of 608
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Q19 Please share any additional comments and/or experiences related to TDM at your project that you feel would be useful for the annual report and the TMA.

Answered: 4 Skipped: 8
# RESPONSES DATE
1 None to share at this time. 4/6/2023 8:42 PM
2 N/A 2/3/2023 2:53 PM
3 MidPen was invited by transit partners at the Metropolitan Transportation Commission (MTC), BART, and SamTrans to participate in the Clipper BayPass Pilot Program, which was implemented on November 1st, 2022. Before this date, residents only had access to free transportation on SamTrans. With the Clipper BayPass, residents now have free access to all bus, rail, and ferry services within the nine-county Bay Area region. The pilot program is anticipated to last 2 years. As the implementation of the BayPass was after the annual trip counts, impact of this program is not yet known.
2/3/2023 9:34 AM
4 MidPen was invited by transit partners at the Metropolitan Transportation Commission (MTC), BART, and SamTrans to participate in the Clipper BayPass Pilot Program, which was implemented on November 1st, 2022. Before this date, residents only had access to free transportation on SamTrans. With the Clipper BayPass, residents now have free access to all bus, rail, and ferry services within the nine-county Bay Area region. The pilot program is anticipated to last 2 years. As the implementation of the BayPass was after the annual trip counts, impact of this program is not yet known.
2/3/2023 9:33 AM
170 of 608

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 23-8104 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 20, 2023
SUBJECT:

Citywide Street Reconstruction Phase 3 – Budget Transfer and Contingency Increase RECOMMENDATION:

Adopt a Resolution to authorize a budget transfer from Citywide Street Reconstruction Package 2 Project to the Citywide Street Reconstruction Package 1 Project in the amount of $275,000; approve an increase to the contingency reserve associated with the construction agreement with Teichert Construction for the Citywide Street Reconstruction Phase 3 in the amount of $875,000 for a total contingency of $1,298,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The Citywide Street Reconstruction Phase 3 (Project) is part of the Public Works Smooth Streets Program (Program) and funded under the Capital Improvement Program Project Citywide Street Reconstruction Package 1. The Project reconstructed 1.6 miles of failed streets across nine locations largely within the Sunnybrae neighborhood. City Council approved a construction agreement for the Project to Teichert Construction (Teichert) on July 18, 2022 in the amount of $4,229,667 and authorized a contingency reserve of $423,000. The contingency reserve was established and utilized to address and mitigate unknowns that arose during construction and was approximately 10% of the agreement value.

In June 2023, 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 within the Sunnybrae neighborhood, several subgrade failures occurred due to unanticipated extreme soft soil/Bay mud conditions. In addition, several pieces of construction equipment sank into the soft subgrade causing large divots and additional failures. During the operation, City staff stopped the operation to re-evaluate existing conditions and to develop new reconstruction designs for both streets to minimize further damage to these streets. In addition, previously completed paving on Sunnybrae Boulevard and a different portion of Hawthorne Drive had to be repaired after similar soft soil/Bay mud conditions caused pavement failures. Staff, in coordination with Teichert and the Project’s design consultant, Wilsey Ham, developed a corrective action plan to utilize full-depth reclamation (FDR) methodologies to complete the reconstruction of Hawthorne Drive and Guildford Avenue.

In August 2023, the Interim City Manager approved emergency use authorization to proceed with change order work per San Mateo Municipal Code Section 3.60.050(a), which allows exceptions to City purchasing procedures where any emergency exists affecting or threatening to affect the public health, safety, or welfare. The road conditions at the time of the authorization were determined to be a safety issue. During that time, Hawthorne Drive was an unpaved dirt road and posed a risk of sinkage to large heavy vehicles, including emergency vehicles. Guildford Avenue, after laying the initial two inches of asphalt, had multiple significant uplifts in the street that required careful navigation by drivers, and the entire roadway was lower than the gutter pan, creating potential tripping hazards for pedestrians. In addition to the safety 171 of 608

CITY OF SAN MATEO
issues, it was critical that Teichert complete the road reconstruction prior to the upcoming winter season where wet weather conditions would not allow for road reconstruction activities and might further damage the exposed roadways.

In September 2023, both Hawthorne Drive and Guildford Avenue were successfully reconstructed per the revised FDR reconstruction designs and the other areas of impacted paving were repaired on Sunnybrae Boulevard and Hawthorne Drive. Construction for the Project is currently complete.

To date, approximately $232,000 of the original $423,000 contingency reserve has been used to issue negotiated change orders. In addition, pursuant to the City Manager’s emergency authorization described above, an additional change order for $483,930.15 was executed to perform the FDR reconstruction designs on Hawthorne Drive and Guildford Avenue, exceeding the available contingency reserve. A summary of the executed contract change orders is included in Attachment

2. An increase of $875,000 to the contingency reserve for a new total of $1,298,000 is requested to address already executed change orders and anticipated additional change orders necessary to close out the project tied to the emergency FDR and pavement repair work and final bid item balancing based on actual quantities.

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 $875,000 for a total contingency reserve of $1,298,000.

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 February 2024). This alternate approach is not recommended by staff as it will result in additional delays in payment to the Contractor for work already completed and may result in interest to be paid to the Contractor for lack of payment in a timely manner per the agreement.

BUDGET IMPACT:

Sufficient funds are not available in the Citywide Street Reconstruction Package 1 - Citywide Street Reconstruction Phase 3 to fund this contingency increase to the agreement with Teichert Construction. The proposed resolution would authorize a transfer in the Capital Project Fund in the amount of $275,000 from Citywide Street Reconstruction Package 2 (467772) Project to the Citywide Street Reconstruction Package 1 (467771) Project. The initial authorized agreement with Teichert Construction for construction was in the amount of $4,229,667. The original contingency reserve established was $423,000 and this request increases the contingency by $875,000 to a total of $1,298,000. This increase brings the potential total contract cost to $5,527,667.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract Change Order Summary

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
AUTHORIZING A BUDGET TRANSFER IN THE CAPITAL PROJECT FUND OF $275,000 FROM THE CITYWIDE STREET RECONSTRUCTION PACKAGE 2 PROJECT TO THE CITYWIDE STREET RECONSTRUCTION PACKAGE 1 PROJECT WHEREAS, the Council considers mid-year budget balancing through adjustments, appropriations, designations and transfers to adjust the current-year budget to meet anticipated changes in departmental budgetary needs; and
WHEREAS, as detailed in the accompanying Administrative Report, a budget transfer and appropriation is necessary to accomplish the City’s goals and programs and to provide for anticipated additional expenditures related to emergency issues affecting the public health, safety, and welfare; and WHEREAS, the Citywide Street Reconstruction Package 1 (467771) Project does not have enough remaining available budget to cover the estimated $875,000 and additional funding is needed for construction contract change orders on the Citywide Street Reconstruction Phase 3 of that project; and WHEREAS, $275,000 in funds from the Citywide Street Reconstruction Package 2 (467772) Project budget is available to be transferred.

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

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

2. A transfer in the Capital Project Fund totaling $275,000 from the Citywide Street Reconstruction Package 2 (467772) Project to the Citywide Street Reconstruction Package 1 (467771) Project is authorized.
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CCO # Execution
Date
CCO Amount (Paid w/
Contingency Reserve) Details of Change
1 2/10/2023 $1,539.24 Placed stabilization fabric under curb, gutter, and sidewalk on Hawthorne Drive due to shallow bay mud.
2 2/10/2023 $9,658.24 Replacement of vertical curb around center island on Hawthorne Drive to correct drainage. 3 2/10/2023 $51,885.90 Repair 4 manholes along Sunnybrae Blvd that were poorly constructed. 4 2/10/2023 $7,047.91 Adjustment of 15 irregular water valve sleeves (solid steel sleeves) along Sunnybrae Blvd. 5 3/13/2023 $76,866.00 Repair and lower shallow storm drain pipe on Hawthorne Drive. Install traffic-rated access boxes to storm drain pipes on Hawthorne Drive and Sunnybrae Blvd. 6 3/30/2023 $0.00
Perform potholing on Sunnybrae Blvd and Hawthorne Drive after discovery of shallow bay mud to determine the extent. The work for this no-cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract. 7 3/30/2023 $0.00
Perform base failure repairs throughout the project area, including over excavation. The work for this no-cost CCO was tracked on a T&M basis due to the change in quantity and size of the repair locations which produced a change in means and methods and paid under the original contract amount.
8 4/10/2023 $0.00
Modifications to the streetlight scope of the project due to differing existing conditions discovered during construction. This work for this no-cost CCO was paid under the electrical bid item under the original contract amount.
9 4/24/2023 $85,311.72
Perform Cement Full Depth Reclamation (FDR) on Sunnybrae Blvd (between Birch and Grant) and on Hawthorne Drive (1128 Hawthorne to Sunnybrae). The Sunnybrae FDR was successful while the Hawthorne FDR was not. A portion of this work was paid under the Unstable Subgrade Allowance in the original conact and the remaining work through the contingency reserve. 10 9/12/2023 $483,930.15
Perform Cement/Lime Full Depth Reclamation (FDR) on Guildford Avenue (Sunnybrae to Grant) and on Hawthorne Drive (1128 Hawthorne to Sunnybrae). This work was approved with emergency authorization. The CCO based on estimated quantities was $475,912 and shall be revised to reflect actual quantities to be $483,930.15.
11 10/26/2023 $0.00
Perform base failure repairs on Guildford Avenue that were discovered after performing grinding operations. The work for this no-cost CCO was paid via the bid item under the original contract amount but tracked on a T&M basis due to the change in quantity and size of the repair locations which produced a change in means and methods.

TOTAL $716,239.16
Att 2 - Citywide Street Reconstruction Phase 3 - Teichert Construction - Contract Change Order Summary (as of 10/27/2023)
174 of 608

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-8135 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 20, 2023
SUBJECT:

Citywide In-Person Safety Training – Agreement
RECOMMENDATION:

Approve an agreement for professional consultant services with Du-All Safety, LLC in an amount not to exceed $120,000 for in-person safety training of City employees; establish a contingency reserve of $12,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and execute amendments within the contingency amount, including no-cost time extensions.

BACKGROUND:

In 2022, Public Works and Parks and Recreation jointly developed and issued a Request for Proposals (RFP) to revamp the safety training program to provide more in-house training capacity through City-owned computer-based training modules and Standard Operating Procedures. This would limit in-person safety trainings to those required by statute or that are most appropriate to be done in an in-person environment. The City selected DKF Solutions Group (DKF) as the most responsive and qualified proposer to support the City's training program transition and executed an agreement for the one-time development of computer-based training modules and Standard Operating Procedures.

DKF provided the computer-based trainings but subcontracted the live in-person training to Du-All Safety, LLC (Du-All). It was anticipated that DKF would provide services for three years; however, this year the supplier informed City staff that due to workload considerations they would be unable to continue providing safety program assistance. Given that DKF is no longer able to provide the safety program assistance, staff recommends an agreement directly with Du-All for the inperson safety training services. Pursuant to San Mateo Municipal Code Section 3.60.040(c), professional service agreements may be awarded through a negotiated process without meeting the City’s bidding procedures. Du-All’s scope of work is considered professional services since it consists of specialized training services similar to those previously provided to the City for many previous years and has a team of instructors that can conduct both classroom and “hands on” training, as required. Based on the above, staff recommends approval of a professional services agreement with DuAll.

BUDGET IMPACT:

Sufficient funds are available in the Wastewater Treatment Plant, Streets, Sewer, Engineering, Facilities, and Parks operating budgets to cover the cost of the agreement.

ENVIRONMENTAL DETERMINATION:

The award of a professional consultant services agreement for in-person safety training 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. (CEQA Guidelines Section 15061(b)(3).)
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CITY OF SAN MATEO
NOTICE PROVIDED:

All meeting noticing requirements were met.

ATTACHMENTS:

Att 1 – Agreement
STAFF CONTACT:

Robert Learmonth, WWTP Manager
[email protected]
650-522-7386
Matt Fabry, Deputy Director Public Works
[email protected]
650-522-7309
176 of 608
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Rev 9/22

AGREEMENT WITH DU-ALL SAFETY

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

SAFETY PROGRAM SUPPORT SERVICES AND TRAINING
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 DU-ALL SAFETY LLC, a Corporation (“CONSULTANT”), whose address is 45950 Hotchkiss Street, Fremont, CA 94539.

RECITALS:

A. CITY desires certain SAFETY PROGRAM SUPPORT SERVICES AND TRAINING services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these SAFETY PROGRAM SUPPORT SERVICES AND TRAINING 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.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by 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 30th, 2024.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $120,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. 178 of 608
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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
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit 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.

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. 179 of 608
Professional Services Page 4 of 12
Rev 9/22
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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

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

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

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 180 of 608
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Rev 9/22
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: Robert Learmonth
City of San Mateo
2050 Detroit Dr
San Mateo, Ca 94404
To CONSULTANT: Du-All Safety
Attn: Michael Connelly
45950 Hotchkiss Street
Fremont, CA 94539
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]
182 of 608
Professional Services Page 7 of 12
Rev 9/22
IN WITNESS WHEREOF, CITY OF SAN MATEO and Du-All Safety LLC have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Brad B. Underwood
Interim Public Works Director
Date Michael Connelly
Its Authorized Agent
Director of Operations
If a Corporation, can be either 1)
President or 2) Vice President
plus an additional corporate
officer (i.e., Secretary, Treasurer)
who shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

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

Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
183 of 608
Professional Services Page 8 of 12
Rev 9/22

EXHIBIT A

SCOPE OF SERVICES
1) Provide the following In-Person safety training:

I. Confined Space Non-Entry Rescue
II. Rigging
III. Forklift
IV. Lockout/Tagout
V. Crane and Hoisting
VI. Traffic Control/Work Zone Safety
VII. Excavation Competent
VIII. HazWOPER Operational
IX. Elevating Work Platforms
X. CPR/AED/First Aid
XI. Fall Protection Competent Person
XII. Fall Protection End-User
XIII. Low Voltage Qualified Electrical Worker
2) Provide the following webinar safety training:

I. Workplace Violence
II. Back Safety/Safe Lifting
III. Respiratory Protection
IV. Asbestos Awareness
V. SPCC
VI. PPE
3) All Training must meet current OSHA regulatory requirements. 184 of 608
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Rev 9/22

EXHIBIT B
San Mateo
September 2023-June 2024 Safety Training Schedule (rev. 10/13/2023) November 2023
4 classes Confined Space Non-Entry Rescue WWTP $7700
2 classes Confined Space Non-Entry Rescue Yard $3850
December 2023
4 classes Rigging WWTP $7700
2 classes Forklift Yard $1925
2 classes Forklift WWTP $3850
2 classes Lockout/Tagout Yard $2100
4 classes Lockout/Tagout WWTP $4200
January 2024
4 classes Crane and Hoisting WWTP $7700
1 class Traffic Control/Work Zone Safety Yard $1925
1 class Excavation Competent Yard $1925
February 2024
4 classes HazWOPER Operational WWTP $8000
2 classes HazWOPER Operational Yard $4000
March 2024
2 classes Elevating Work Platforms Yard $3850
1 class Elevating Work Platforms WWTP $1925
April 2024
4 classes CPR/AED/First Aid WWTP $7700
May 2024
1 class Fall Protection Competent Person Yard $1925
4 classes Fall Protection End-User WWTP $7700
1 class Fall Protection End-User Yard $1925
2 classes Fall Protection Competent Person WWTP $3850
June 2024
1 class Low Voltage Qualified Electrical
Worker
WWTP $1925
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1 class Low Voltage Qualified Electrical
Worker
Yard $1925
TOTAL 1
$87600
Evening
Fee
$4933
Total
$92,533
Webinar classes Workplace Violence $1925 + $300/mo/class Back Safety/Safe Lifting $1925
Respiratory Protection 2 tailored
classes
$3850
Asbestos Awareness $1925
SPCC 2 tailored
classes
$3850
PPE $1925
Total 2
$15,400 $2400/mo
FINAL
Total
$110,333.
00 186 of 608
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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).
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Rev 9/22
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.

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. 188 of 608

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-8139 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 20, 2023
SUBJECT:
2023 Sanitary Sewer Root Foaming (North Basin) – Agreement RECOMMENDATION:

Award an agreement to Duke’s Root Control, Inc. for the 2023 Sanitary Sewer Root Foaming (North Basin) project in an amount not to exceed $326,744.26; establish a contingency reserve of $33,000.00; 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 City of San Mateo treats parts of its sanitary sewer system with a foam herbicide to control root intrusion as part of the Public Works Department’s Sewer System Management Plan. Root control is one of the methods the City uses to reduce sanitary sewer overflows caused by root blockage, required as part of the 2009 Cease and Desist Order issued by the Regional Water Quality Control Board. The project area limits are west of El Camino Real, north of State Route 92, and south of the border with the Town of Hillsborough. This project will treat approximately 199,000 linear feet of sanitary sewer pipe sizes 4” through 18”.

The City of San Mateo advertised this project on October 9, 2023, and bids were opened on October 26, 2023. One (1) bid was received, shown in the table below. The engineer’s estimate is $320,000.00.

Company Name Total Bid Amount
Duke’s Root Control, Inc. $326,744.26
After a review of the bid documents submitted by Duke’s Root Control, Inc., staff determined that the bid is responsive and the bidder is responsible, and therefore recommends awarding the agreement to Duke’s Root Control, Inc.

BUDGET IMPACT:

Sufficient funds are available in the Root Foaming (469933) project for this agreement and the requested contingency reserve.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement
Att 2 - Bid Summary

STAFF CONTACT
Laura Webb, Associate Engineer
[email protected]
(650) 522-7322
Tom Williams, Senior Engineer
[email protected]
(650) 522-7307
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Construction Contract Page 1 of 9
Rev 6/23
AGREEMENT WITH DUKE’S ROOT CONTROL, INC.

FOR PUBLIC IMPROVEMENT
FOR
2023 SANITARY SEWER ROOT FOAMING (NORTH BASIN)
CITY PROJECT NO. 469933
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and DUKE’S ROOT CONTROL, a corporation, with offices at 400 E Airport Road, Suite E, Elgin, IL 60123 (hereinafter called "Contractor"), entered into this day of ____________________.

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

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:
2023 Sanitary Sewer Root Foaming (North Basin) Project
CITY PROJECT NO. 469933

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of $326,744.26 in full payment for the work set forth above.

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

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendum Number 1 issued to the Contract Book, the APWA-AGC Standard Specifications for Public Works Construction, 2015 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).
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All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

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

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

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

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

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

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

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the 192 of 608
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prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives. 194 of 608
Construction Contract Page 5 of 9
Rev 6/23

21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and Duke’s Root Control, Inc. has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Brad B. Underwood
Interim Public Works Director
Date Matt Fishbune
Its Authorized Agent
President & CEO
If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shall sign
below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date <Insert Name>
<Insert Title>
Date
Attachments:

Exhibit A: Insurance Requirements
196 of 608
Construction Contract Page 7 of 9
Rev 6/23
Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

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

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

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

5. Surety Bonds as described below.

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

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

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

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

Other Insurance Provisions
197 of 608
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The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

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

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

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

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

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

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

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire 198 of 608
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from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 199 of 608
ITEM EST. UNIT TOTAL UNIT TOTAL
NO. QTY. UNIT PRICE COST PRICE COST
1 Mobilization 1 LS $3,000.00 $3,000.00 $0.00 $0.00
2 Traffic Control 1 LS $2,500.00 $2,500.00 $0.00 $0.00
3 Apply root foaming to specific manholes 4 EA $10.00 $40.00 $175.00 $700.00 4 Apply Root Foaming Product to 4" Sewer Line 156 LF $1.50 $234.00 $1.57 $244.92 5 Apply Root Foaming Product to 6" Sewer Line 140,040 LF $1.50 $210,060.00 $1.57 $219,862.80 6 Apply Root Foaming Product to 8" Sewer Line 32,650 LF $1.50 $48,975.00 $1.57 $51,260.50 7 Apply Root Foaming Product to 10" Sewer Line 7,314 LF $1.75 $12,799.50 $1.83 $13,384.62 8 Apply Root Foaming Product to 12" Sewer Line 10,230 LF $1.90 $19,437.00 $1.94 $19,846.20 9 Apply Root Foaming Product to 15" Sewer Line 8,506 LF $2.30 $19,563.80 $2.44 $20,754.64 10 Apply Root Foaming Product to 18" Sewer Line 146 LF $5.75 $839.50 $4.73 $690.58 $320,000.00 $326,744.26
c: Thomas Williams, PM-CWP

BID SUMMARY
Duke's Root Control, Inc.

ENGINEER'S ESTIMATE
NOTE

TOTAL BID

BIDDERS
CITY PROJECT NO. 469933
BID OPENING: 10/26/2023 Council Award: 11/20/2023
BIDDER #1

DESCRIPTION OF WORK
2023 Sanitary Sewer Root Foaming (North Basin)

Page 1 ends

200 of 608

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-8147 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 20, 2023
SUBJECT:

El Camino Real Conveyance System Improvements Project – Appropriation and Construction Contract RECOMMENDATION:

Adopt a Resolution to authorize an appropriation of funds in the amount of $6,180,000 from the Sewer Fund Reserves to the Basins 2 and 3 Collection Systems Improvements Project, revising the total budget to date to a value of $165,597,185; award a contract with JMB Construction, Inc. for construction of the El Camino Real Conveyance System Improvements Project in an amount not to exceed $11,847,106; establish a contingency reserve in an amount of $2,370,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Clean Water Program (CWP) is improving the City of San Mateo’s sanitary sewer system to prevent sanitary sewer overflows and unauthorized discharges of sewage. The Basins 2 and 3 Collections System Improvements Project (Basins 2 & 3) rehabilitates or replaces aging sewer collection system infrastructure and increases wastewater system capacity to eliminate sanitary sewer overflows in the City. Basins 2 & 3 consists of seven different packages. Three packages are complete and consist of the Glendora Shasta Relief Sewer, 38th Ave and 41st Ave Lift Station Improvements, and Pacific Blvd Force Main. Three other packages are progressing in construction and include the Dale Avenue Pump Station (DAPS) Improvements, Underground Flow Equalization System (UFES), and Delaware Street Relief Sewer, all of which are anticipated to be complete in Fiscal Year 2023-2024.

EL CAMINO REAL CONVEYANCE SYSTEM IMPROVEMENTS PROJECT
The seventh and final package of Basins 2 & 3 is the El Camino Real Conveyance System Improvements Project (ECR Project). The ECR Project will replace existing gravity sewers with new, large diameter pipeline, replace and install new manholes, rehabilitate existing sewers with liner, and construct weir diversion structures to improve management of wet weather sewer flows. These improvements will prevent sanitary sewer overflows and will occur along the following road segments:

1. 25th Ave, at the westside of El Camino Real

2. Flores St, from 25th Ave to 28th Ave

3. 28th Ave, from Flores St to Juniper St

4. Juniper St, from 28th Ave to 29th Ave

5. El Camino Real, from 400-ft north of Hillsdale Blvd to 36th Ave

6. 36th Ave, from El Camino Real to Colegrove St

7. Colegrove St, from 36th Ave to 39th Ave

8. El Camino Real, from 38th Ave to south of 41st Ave
In accordance with Municipal Code section 3.60.030, a competitive public process was used to obtain bids to construct the 201 of 608

CITY OF SAN MATEO
ECR Project. A Notice Inviting Sealed Proposals and Bidding Documents were issued to advertise the ECR Project on August 29, 2023. Six (6) bids were received and opened on October 17, 2023, with the following results.

Contractor Bid Amount
JMB Construction Inc. $11,847,106.00
K.J. Woods Construction Inc. $12,438,000.00
Ranger Pipelines Inc. $12,733,940.00
Mitchell Engineering $18,778,000.00
Mountain Cascade Inc. $19,278,585.00
AB Construction $19,761,150.00
Based on staff’s review, JMB Construction, Inc. is the lowest responsive, responsible bidder with a bid of $11,847,106, which is 27% percent lower than the engineer’s estimate of $16,200,000. JMB Construction has successfully completed two prior CWP sewer infrastructure construction contracts for the City and is actively progressing on completing a third construction contract, the Delaware St Relief Sewer package. In addition, staff has found that JMB Construction has provided construction services to the City in a collaborative and satisfactory manner. Based on the above, staff recommends for Council to award the ECR Project construction agreement to JMB Construction Inc.

The ECR Project presents a high-risk profile due to construction on El Camino Real near Hillsdale Blvd, Caltrans night work requirements on El Camino Real, and sewer flow bypassing needs during construction. Because of this, staff has determined that a 20% contingency is appropriate and should adequately cover any unanticipated costs and these potentially higher risk elements. Therefore, staff recommends a construction contingency of 20% of the contract value in the amount of$2,370,000.

APPROPRIATION FOR BASINS 2 & 3
The current adopted budget for the overall Basins 2 & 3 Project is $159,417,185. The current estimate to complete Basins 2 & 3, including all the remaining active construction packages and the last ECR Project package, is $165,597,185. This $6,180,000 increase in the Basins 2 & 3 estimate at completion is due to 1) higher than originally estimated costs for the ECR Project, inclusive of construction costs, contingencies, project management, construction management, and engineering costs; 2) required construction contract changes to the Dale Ave Pump Station package, along with the additional project management, construction management and engineering costs to facilitate and manage the changes; and 3) anticipated contract change orders for the Underground Flow Equalization System construction contract. Staff recommends the appropriation of $6,180,000 to fund the execution and completion of construction, project management, construction management, and engineering services during construction.

BUDGET IMPACT:

An appropriation of $6,180,000 from the Sewer Fund reserves to Basins 2 & 3 Collection System Improvements (46s003) Project budget is required to fund the remaining anticipated costs for this project. There are sufficient funds available in the Sewer Fund reserves for this appropriation.

Upon appropriation of funds, the Basins 2 & 3 Project will have sufficient balance to address the changing pace of the projects and fund the remaining anticipated efforts for the last active Basins 2 & 3 packages.

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.
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ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement
Att 3 – Bid Summary

STAFF CONTACT
Tom Williams, Acting Engineering Manager
[email protected]
(650) 522-7307
Deryk Daquigan, Acting Deputy Public Works Director
[email protected]
(650) 522-7287
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CITY OF SAN MATEO
RESOLUTION NO. ____ 2023
AUTHORIZING AN APPROPRIATION OF $6,180,000 FROM THE SEWER FUND RESERVES TO THE BASINS 2 AND 3 COLLECTION SYSTEM IMPROVEMENTS (46s003) PROJECT
WHEREAS, the Clean Water Program (CWP) improves the City of San Mateo’s sanitary sewer system to prevent sanitary sewer overflows and unauthorized discharges of sewage; WHEREAS, the Basins 2 and 3 Collections System Improvements Project (Basins 2 & 3) rehabilitates or replaces aging sewer collection system infrastructure and increases wastewater system capacity to eliminate sanitary sewer overflows in the City; and
WHEREAS, Basins 2 & 3 consists of seven different packages; and WHEREAS, three packages are complete and consist of the Glendora Shasta Relief Sewer, 38th Ave and 41st Ave Lift Station Improvements, and Pacific Blvd. Force Main; and WHEREAS, three other packages are progressing in construction and include the Dale Avenue Pump Station (DAPS) Improvements, Underground Flow Equalization System (UFES), and Delaware Street Relief Sewer, all of which are anticipated to be complete in Fiscal Year 2023-2024; and WHEREAS, the seventh and final package of Basins 2 & 3 is the El Camino Real Conveyance System Improvements Project (ECR Project); and
WHEREAS, the ECR Project will replace existing gravity sewers with new large diameter pipeline, replace and install new manholes, rehabilitate existing sewers with liner, and construct weir diversion structures to improve management of wet weather sewer flows; and
WHEREAS, the current adopted budget for the overall Basins 2 & 3 Project is $159,417,185; and WHEREAS, the current estimate to complete Basins 2 & 3 Project, including all the remaining active construction packages and the last ECR Project package, is $165,597,185; and WHEREAS, this $6,180,000 increase in the Basins 2 & 3 Project estimate at completion is due to 1) higher than originally estimated for the ECR Project, inclusive of construction costs, contingencies, project management, construction management, and engineering costs, 2) required construction contract changes to the Dale Ave Pump Station package, along with the additional project management, construction management and engineering costs to facilitate and manage the changes, and 3) anticipated contract change orders for the Underground Flow Equalization System construction contract; and WHEREAS, staff recommends the appropriation in an amount of $6,180,000 from the Sewer Fund Reserves to Basins 2 & 3 in order to fund the execution and completion of construction, project management, construction management, and engineering services during construction for Basins 2 & 3. 204 of 608

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

1. 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.

2. An appropriation of $6,180,000 from Sewer Fund Reserves to the Basins 2 and 3 Collection System Improvements (46s003) Project, revising the total project budget to a value of $165,597,185, is authorized.
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EL CAMINO REAL CONVEYANCE SYSTEM IMPROVEMENTS
CITY PROJECT NO. 46S003
STANTEC/184030704 AGREEMENT
AUGUST 2023 00 50 00 - 1
SECTION 00 50 00 - AGREEMENT
THIS AGREEMENT is by and between the City of San Mateo (Owner) and JMB Construction Inc. (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:

1.1.1 Installation of sanitary sewer main, manholes and services, including, but not limited to, temporary facilities and controls; abandonment, demolition and removal of existing sewers and manholes; CIPP lining of sewer main; excavation, installation and backfill of new sewers and manholes;, installation of a diversion structure; restoration of pavement and sidewalk; traffc control, temporary flow control and necessary appurtenant work to complete the construction as shown in the Contract Documents.

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

2.1.1 El Camino Real Conveyance System Improvements

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 Milestones, 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:

4.2.1 The Work shall be substantially completed within 290 working days from the date when the Contract Times commence to run as provided in Paragraph

2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 310 working days after the date when the Contract Times commence to run. 206 of 608

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4.3 Liquidated Damages:

4.3.1 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 $5,000 for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete.

4.3.2 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 is completed and ready for final payment.

4.4 Fines

4.4.1 Any fines assessed to the Owner as a result of sewage spills caused by the Contractor’s failure to maintain operation of sewage bypass pumping equipment will be deducted from the Contractor’s progress payments.

5. CONTRACT PRICE

5.1 For all Work, at the prices stated in Contractor’s Bid, incorporated herein by reference, a lump sum of $11,847,106.00 (eleven million eight hundred forty seven thousand one hundred six dollars).

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. 207 of 608

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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 satisfactory 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.
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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.

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 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.”

8.1.5 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, techniques, 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.

8.1.6 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.

8.1.7 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.

8.1.8 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.

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

8.1.10 Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception, all prices in the 209 of 608

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STANTEC/184030704 AGREEMENT
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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 9, inclusive).

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 58, 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 Sewer Construction Drawings consisting of 20 sheets with each sheet bearing the following general title: “Delaware Street Relief Sewer” by Stantec.

9.1.1.8 Surface Improvement Drawings consisting of 61 sheets with each sheet bearing the following general title: “ECR CS Improvements.

9.1.1.9 Addenda (numbers 1 to 5 , inclusive).

9.1.2 Exhibits to this Agreement (enumerated as follows):

9.1.2.1 Contractor’s Bid (pages __1___ to __100___, inclusive).

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

9.1.3.1 Notice to Proceed (pages 1 to 1 , inclusive).

9.1.3.2 Work Change Directives.

9.1.3.3 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.
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10. MISCELLANEOUS

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

10.2 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.

10.3 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 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 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."
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CITY PROJECT NO. 46S003
STANTEC/184030704 AGREEMENT
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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 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, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and Subcontractors shall 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."

10.13 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.
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10.14 Assignment of Contract:

10.14.1 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.

10.15 Contractor’s Certifications:

10.15.1 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:

10.15.1.1 “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;

10.15.1.2 “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;

10.15.1.3 “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

10.15.1.4 “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.
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EL CAMINO REAL CONVEYANCE SYSTEM IMPROVEMENTS
CITY PROJECT NO. 46S003
STANTEC/184030704 AGREEMENT
AUGUST 2023 00 50 00 - 9
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 November 23, 2023 (which is the Effective Date of the Agreement).

CITY OF SAN MATEO:

By: Brad B. Underwood
Title: Interim Public Works Director
ATTEST:

Patrice M. Olds, City Clerk
APPROVED AS TO FORM:

Linh P. Nguyen
Assistant City Attorney
CONTRACTOR: JMB Construction Inc.

By: Margaret Burke
Title: President
ATTEST:

Title:

Address for giving notices:
132 South Maple Avenue
South San Francisco, CA 94080
License No. 715324
(Where applicable)
Agent for service or process:
(If Contractor is a corporation, a
partnership, or a joint venture, attach
evidence of authority to sign.)

END OF SECTION
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DELAWARE STREET RELIEF SEWER
CITY PROJECT NO. 46S003
AGREEMENT STANTEC/184030704
00 50 00 - 10 AUGUST 2021
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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: 13 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 23-8148 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 20, 2023
SUBJECT:

King Recreation Center New Fire Alarm System – Construction Contract RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Newton Construction & Management, Inc. in the amount of $182,702.25; establish a contingency reserve in the amount of $50,000; 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 Martin Luther King Jr. (MLK) Recreation Center is in the North Central neighborhood in San Mateo and is home to many youth activities including the Police Activities League, drop-in basketball, several dance and fitness classes, and a swimming pool. The building was constructed in 1968 and has a wet sprinkler fire suppression system, an existing security alarm system but is currently not monitored by a Fire Alarm Control Panel (FACP).

The scope of work includes the design and installation of a new fire alarm system within the existing structure as required by the Fire Marshal to conform to the current codes. Specific work includes the installation of fire alarm equipment, electrical panels, conduit, roofing, mechanical, framing, drywall, painting, and ceiling tile work. The description was used to develop a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on call" contracting program that is procured through one umbrella or framework contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

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

In this case, a multi-step process was used to select Newton Construction & Management, Inc. to perform the work, subject to Council approval. First, Sourcewell (formerly known as the National Joint Powers Alliance or NJPA) conducted a competitive proposal process to select The Gordian Group, Inc. (Gordian) to implement JOC on behalf of Sourcewell member agencies. Second, Gordian competitively bids and administers the JOC process with the use of Gordian’s unit price book that will provide the best price to the City. This allows the City to complete required public improvements efficiently 217 of 608

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

With contract approval, the construction will begin in January 2024 and be complete by June 2024. Based on the above, staff recommends award of the contract to Newton Construction & Management, Inc. because of their experience and availability to perform these construction services.

BUDGET IMPACT:

There is sufficient funding available in the Citywide Fire - Intrusion Alarm System Upgrade (460057) Project to award the construction contract and contingency. The contingency, in an amount of 27% of the total contract amount, accounts for additional work resulting from unforeseen conditions that are common in buildings from the 1960s.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Contract

STAFF CONTACT
Steve Wu, Project Manager II
[email protected]
(650) 522-7345
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROVING ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO NEWTON CONSTRUCTION & MANAGEMENT, INC. FOR THE KING RECREATION CENTER FIRE ALARM SYSTEM WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, fixed price unit rate quotes are based on a unit price book used for establishing budgets for contractor services at member agencies; and
WHEREAS, Sourcewell (formerly known as NJPA) has conducted competitive bidding processes to select Gordian, Inc. (Gordian) to implement Job Order Contracting on behalf of their member agencies; and WHEREAS, the Job Order Contracting process allows for an umbrella construction contract to cover various and separate job orders during the life of the contract, and is beneficial for renovation, remodeling, or alterations where many small project tasks will arise, but the timing, type, and quantity of work are unknown; and
WHEREAS, Sourcewell and Gordian have conducted competitive bidding to select contractors to perform Job Order Contracting based on Gordian’s Unit Price Book; and WHEREAS, unit price books provide fixed unit prices used for establishing budgets for contractor services at member agencies; and
WHEREAS, use of Gordian’s Unity Price Book and contract provides a competitive price to the City and allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications or solicit bids for each minor project task; and WHEREAS, the City approved the Job Order Contracting as a competitive procurement method for construction services by resolution on March 18, 2019 upon findings that the Job Order Contracting process with Gordian is in the best interests of the City; and
WHEREAS, the King Recreation Center Fire Alarm System project is specified to be priced using Gordian’s Unit Price Book; and
WHEREAS, Newton Construction & Management, Inc. was selected based on their experience and availability to perform construction services using the Gordian’s Unit Price Book; and WHEREAS, based on these circumstances, staff has determined that this is the best price available because companies have submitted competitive bids.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS AND RESOLVES that:

1. In accordance with CEQA Guidelines Section 15301, this project is categorically exempt from CEQA as an “existing facility” in that it consists of the renovation of an existing building and involves negligible or no expansion of use.

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

3. A construction contract is approved in the amount of $182,702.25 to Newton Construction & Management, Inc. for the King Recreation Center Fire Alarm System project.

4. The Public Works Director is authorized to execute the contract on behalf of the City and issue change orders within the contingency amount.
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This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Newton Construction &
Management, Inc.
2436 Broad Street
San Luis Obispo, CA 93401
Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

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

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

The Project is generally described as follows:

1. King Center Fire Alarm System which includes site barriers; demolition and disposal; framing; plumbing; electrical; mechanical; painting; inspection; testing and closeout.

2. The Site of the Work includes designated work areas described in greater detail in the Contract Documents but generally located at 725 Monte Diablo Avenue, San Mateo, California.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

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

1. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or 221 of 608
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imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

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

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

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

B. Intent of Certain Terms or Adjectives:

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

C. Day:

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

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion.
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E. Furnish, Install, Perform, Provide:

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

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

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

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

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

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

1. This Contract.

2. Performance bond.

3. Payment bond.

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

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

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

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

8. The following which may be delivered or issued on or after the Effective Date of the Contract:
a. Work Change Directives.
b. Change Orders.
c. Field Orders.
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ARTICLE 3 - CONTRACT DOCUMENTS

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

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

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

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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

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

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

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

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

4.01 Contract Times
A. The Work will be substantially completed within 180 days after the Effective Date of the Contract and completed and ready for final payment within 210 days after the Effective Date of the Contract.

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

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

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

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

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

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

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

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $182,702.25 for all Work.
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B. For any additional Work authorized by Owner, Owner shall pay Contractor in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price in the National Joint Powers Alliance - Book 3: Task Catalog times the actual quantity of that Work item completed. Actual quantities installed will be determined by the RPR.

ARTICLE 6 - BONDS AND INSURANCE

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

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

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

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

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

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

C. Contractor shall at all times maintain good discipline and order at the Site. 227 of 608
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D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday.

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

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

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

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

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

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

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

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

B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and RPR, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, 228 of 608
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losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

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

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

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

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

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

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

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

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

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

Contractor shall forfeit as a penalty to Owner the sum of $25.00 for each laborer, workman, or mechanic employed in the execution of this contract by Contractor, or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Section 1810 and 1816, inclusive, of the Labor Code of the State of California.
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K. In accordance with Labor Code Section 1813, the statutory provisions for penalties for failure to comply with wage and hour laws will be enforced.

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

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

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

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

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

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

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

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

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

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

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

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

Contractor shall give RPR prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If RPR determines that a change in the Contract 230 of 608
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Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

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

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

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

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

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

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

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

H. Shop drawings are not Contract Documents.

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

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

7.13 Indemnification
A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and RPR, and the officials, employees, and agents, of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of RPR, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of 231 of 608
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the Work. Contractor will defend Owner, its elected and appointed officials, employees, and agents against any such claims. However, this provision does not apply to claims, loss, liability, damage, or expense arising from the sole negligence or willful misconduct of the Owner
ARTICLE 8 - OWNER’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

ARTICLE 9 - RPR’S STATUS DURING CONSTRUCTION

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

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

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

RPR will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.
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D. RPR has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents.

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

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

ARTICLE 10 - CHANGES IN THE WORK

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

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

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

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

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

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

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

11.01 Differing Conditions Process
A. If Contractor believes that any subsurface or physical condition including but not limited to utilities or other underground facilities that are uncovered or revealed at the Site either differs materially from that shown or indicated in the Contract Documents or is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency), notify Owner and RPR in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with 233 of 608
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respect to an emergency) until receipt of a written statement permitting Contractor to do so.

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

1. Review the subsurface or physical condition in question;

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

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

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

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

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

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

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

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

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

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

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

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

12.02 Mediation
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be 234 of 608
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selected by a blind draw. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reach by the parties but not more than 60 days, unless the maximum time is extended by the parties.

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

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

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

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

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

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

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

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

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

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

ARTICLE 14 - PAYMENTS TO CONTRACTOR

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

14.02 Applications for Payments:

A. Contractor shall submit an application for payment in a form acceptable to the RPR, no more frequently than monthly, to RPR. Applications for payment will be prepared and signed by 235 of 608
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Contractor. Contractor shall provide supporting documentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment.

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

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

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

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

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

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

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

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

C. If RPR considers the Work substantially complete or upon resolution of all reasons for nonissuance of a certificate identified in 14.06.B, RPR will deliver to Owner a certificate of substantial completion which shall fix the date of substantial completion and include a punch list of items to be completed or corrected before final payment. 236 of 608
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14.07 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete, RPR will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

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

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

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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

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

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

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

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

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

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

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

15.02 Owner May Terminate for Cause
A. Contractor’s failure to perform the Work in accordance with the Contract Documents or other failure to comply with a material term of the Contract Documents will constitute a default by Contractor and justify termination for cause. 237 of 608
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B. If Contractor defaults in its obligations, then after giving Contractor and any surety ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to:

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

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

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

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

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

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

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

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

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

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

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

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

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

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 238 of 608
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3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

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

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

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

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

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

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

ARTICLE 17 - MISCELLANEOUS

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

17.02 Limitation of Damages
A. Neither Owner, RPR, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.
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17.03 No Waiver
A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

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

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

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

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

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

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

17.10 Waiver
A. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the Owner, or any right to damages herein provided: 1) inspection by the Owner or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any party of the work by the Owner; 3) an extension of time; or 4) any position taken by the Owner or its authorized agents or representatives.
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17.11 Warranty
A. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity,, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.

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

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

OWNER: CONTRACTOR:

By: Brad B. Underwood By: Eric Newton
Title: Public Works Director Title: President
Address for giving notices: Address for giving notices:
330 West 20th Avenue 2436 Broad Street
San Mateo, CA 94403 San Luis Obispo, CA 93401
License No.: CA License # 783608
(where applicable)

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
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EXHIBIT A

SCOPE OF WORK

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EXHIBIT B

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

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

18.02 Coverage shall be at least as broad as:

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

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

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

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

E. Surety Bonds as described below.

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

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

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

18.04 Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The 249 of 608
policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

ARTICLE 19 - OTHER INSURANCE PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.08 Surety Bonds.

A. Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

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

If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. 251 of 608

19.09 Special Risks or Circumstances.

A. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 252 of 608

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 23-8151 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 20, 2023
SUBJECT:

Central Park Tennis Court Garage Structural Improvements – Contingency Increase RECOMMENDATION:

Approve an increase to the contingency reserve for the construction contract with Angeles Contractor, Inc. for improvements to the Central Park Tennis Court Garage in the amount of $90,000 for a new contingency total amount of $115,000; and authorize the Public Works Director to execute the change orders within the contingency amount.

BACKGROUND:

The Central Park Tennis Court Garage has served the San Mateo downtown community for over sixty years. It is a concrete structure that has 132 underground parking spaces on a single level and six tennis courts on the roof level. In 2020, waterproofing improvements were made to extend the life of the garage until 2030 that requires performing annual assessments to track seasonal movement in the structure. The assessment performed in June 2023 confirmed significant movement and identified damage to specific girder locations, cracking at columns and spalling at perimeter piers. The City engaged ZFA Structural Engineers to produce construction documents to address the damage and on September 18, 2023, City Council awarded a construction contract in the amount of $241,870.66 to Angeles Contractor, Inc. for the repairs. A 10% contingency of $25,000 was established for the project at that time.

Construction began in October 2023 and the following unknown conditions were exposed:
• Additional spalling with exposed rebar was identified at 50% more locations since the assessment in June 2023. • Existing rebar in the repair areas is found to be minimal or non-existent. • Existing concrete at the repair areas have become brittle.

The additional spalling and rebar corrosion is a result of previous damage caused by movement and moisture through the decades. The extent of this damage was not visible during the June 2023 assessment and was revealed during concrete patching and repair. Although the waterproofing project in 2020 prevented additional moisture from recent weather, the structure appears to have been saturated for most of its useful life resulting in the deterioration of the rebar and concrete.

These conditions necessitated additional analysis by the project’s structural engineer who deemed the following additions to the scope of work for the repair would be necessary for continued use of the facility:
• Installation of structural posts have been increased from three (3) to eleven (11), located in areas that require immediate attention.
• Temporary shoring underneath the tennis court surface is required at each post location during installation. • Commissioning of a specialty contractor to provide an x-ray scan of the existing steel reinforcement at the eleven (11) post locations prior to installation is requested by the structural engineer.

Based on the project narrative supplied by the structural engineer, staff recommends increasing the contingency in an amount of $90,000 to cover the costs for the work in addition to the original scope that has been identified and for any 253 of 608

CITY OF SAN MATEO
other additional work that may be discovered through the construction period such as:
• Additional repairs to concrete areas that have shifted during construction. • Additional posts, beams, and shoring as required by the structural engineer due to movement during construction. • Removal or alteration of existing live and dead loads at the tennis court level.

The scope of repairs will be limited and based on maintaining the integrity and increasing the use life of the structure for seven (7) years. The garage structure is scheduled to be removed and the tennis courts relocated in 2030 as part of the Central Park Master Plan. Work is projected to be completed at the end of November and the garage re-opened for parking in December 2023.

BUDGET IMPACT:

There is sufficient funding available in the Downtown Parking Improvements (461001) project for the recommended contingency increase.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att1 – Project Narrative

STAFF CONTACT
Steve Wu, Project Manager II
[email protected]
(650) 522-7345
254 of 608
June 13, 2023
Steve Wu
City of San Mateo
1961 Pacific Blvd
San Mateo, CA 94403
RE: Central Park Tennis Court Garage Repairs
San Mateo, California
Structural Engineering Professional Services Proposal
Steve,
We are pleased to present our proposal for structural engineering services for the abovementioned project located at the intersection of San Mateo Drive and East 5th Avenue in San Mateo, California. This proposal is between ZFA Structural Engineers (Consultant) and the City of San Mateo (Client) and provides structural engineering services for Construction Documents through Construction Administration. Our proposed project scope is based on our Condition Assessment Report dated June 9, 2023.

PROJECT DESCRIPTION
The proposed project consists of repairs to an existing one-story parking structure with a tennis court on the upper level. ZFA completed a previous evaluation in 2020 and recommended a monitoring program be implemented to evaluate existing cracks in the structure and document new and/or increased damage. A subsequent assessment was completed in early June 2023, and additional damage was observed, and conceptual repairs were recommended. The structural scope of work includes design of the following repairs at the lower level of the structure, as documented in our Condition Assessment Report:
x Design of new steel columns to provide secondary support at:
o Grid G between grids 3 & 4
o Grid G between grids 5 & 6
o Grid J-8
o Grid 9 near grid E-9 (including beam between posts)
o Grid D between grids 5 &6
x Design of spalling repairs at perimeter piers in multiple locations. x Design of cracking and spalling repairs at vehicular entrance.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 23-8157 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 20, 2023
SUBJECT:

Dump Truck Purchases – Purchase Contracts
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure to approve two purchase contracts to Mission Valley Ford Truck Sales, Inc. for the purchase of two (2) new 2023 Ford F650 dump trucks in a total amount not to exceed $257,868.00; to approve one purchase contract to The Ford Store Morgan Hill, Inc. for the purchase of one (1) new 2023 Ford F650 dump truck in a total amount not to exceed $121,107.87; and to approve a purchase contract to Salinas Valley Ford Truck Sales, Inc. for the purchase of one (1) new 2024 Ford F650 dump truck in the total amount not to exceed of $116,083.76; establish a contingency reserve of $20,000.00 for each supplier; and authorize the Public Works Director to execute the purchase contracts in substantially the form presented and issue change orders within the contingency amounts, for a total not to exceed amount of $555,059.63.

BACKGROUND:

The Public Works Field Maintenance Division and Parks and Recreation Maintenance Division utilize specialty trucks to perform essential services. Replacement of these dump trucks is imperative to provide dependable and swift service to the community. The new 2023 and 2024 Ford F650 dump trucks will replace existing dump trucks (M31, M33, M40, and M41) that are 25 years old and at the end of their useful life based on years in service, mileage, condition, lack of replacement parts, and cost of maintenance.

The City utilizes a cooperative purchasing process to procure its service vehicles because it ensures a competitive price.

However, the City has attempted to purchase these replacement dump trucks and has encountered serious setbacks due to a lack of available inventory via the cooperative purchasing process, and manufacturer delays. National Auto Fleet Group, which is a selected vendor in a cooperative purchasing process, facilitated the process with Ford when ordering banks opened in November 2022 allowing the City to reserve four (4) new Ford F650 dump trucks, which Council approved for purchase on January 17, 2023. As of October 15, 2023, the manufacturer still has not started the build and production of the ordered Ford F650 dump trucks that are desperately needed by Public Works and Parks and Recreation field maintenance teams. The manufacturer does not have an estimated date for the production of these dump trucks.

In response, Public Works staff located new 2023 and 2024 F650 dump trucks at local commercial dealerships that will meet the exact needs of the operation and the responsibilities of field maintenance teams and will be available in time for wet weather preparations. These F650 dump trucks are completely built and available now. In addition, the quotes received for these Ford F650 dump trucks from Mission Valley Ford Truck Sales, Inc., The Ford Store Morgan Hill, Inc., and Salinas Valley Ford Truck Sales, Inc. are less than the original approved purchases from National Auto Fleet Group and as follows:
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QUOTE SUPPLIER VEHICLE AMOUNT
Quote #1 Mission Valley Ford 2023 Ford F650 Dump
Truck $128,934.00
Quote #2 Mission Valley Ford 2023 Ford F650 Dump
Truck $128,934.00
Quote #3 The Ford Store Morgan Hill 2023 Ford F650 Dump Truck $121,107.87
Quote #4 Salinas Valley Ford 2024 Ford F650 Dump
Truck $116,083.76
Quote #5 National Auto Fleet Group 2023 Ford F650 Dump
Truck $132,620.57
Quote #6 National Auto Fleet Group 2023 Ford F650 Dump
Truck $138,294.22
Based on the above, staff recommends the purchase of the two (2) new 2023 Ford F650 dump trucks from Mission Valley Ford Truck Sales, Inc. in the total amount of $257,868.00, one (1) new 2023 Ford F650 dump truck from The Ford Store Morgan Hill, Inc. in the total amount of $121,107.87, and one (1) new 2024 Ford F650 dump truck from Salinas Valley Ford Truck Sales, Inc. for the total amount of $116,083.76. As part of the Green Fleet Initiative, staff continually researches green fleet options through the procurement process to replace vehicles with alternative fueled vehicles when available.

The Ford F650 dump trucks are on a twelve-year replacement schedule and none of the major manufacturers of these heavy-duty trucks have an electric option available.

San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. In this case, staff recommends the purchase of these two (2) 2023 Ford F650 dump trucks from Mission Valley Ford Truck Sales, Inc., one (1) 2023 Ford F650 dump truck from The Ford Store Morgan Hill, Inc., and one (1) 2024 Ford F650 dump truck from Salinas Valley Ford Truck Sales, Inc. as the new dump trucks are needed for the upcoming wet weather season and the quotes from Mission Valley and Salinas Valley are lower than those received through the cooperative purchasing process with National Auto Fleet Group.

BUDGET IMPACT:

Sufficient funding for the four (4) replacement trucks, M31, M33, M40, and M41 is available in the Vehicle and Equipment Replacement Fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Purchase Contract (Mission Valley Ford – M31)
Att 3 – Purchase Contract (Mission Valley Ford – M33)
Att 4 – Purchase Contract (The Ford Store Morgan Hill – M40) Att 5 – Purchase Contract (Salinas Valley Ford – M41)

STAFF CONTACT
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Marie Silva, Facilities and Fleet Services Manager
[email protected]
6505227328
Brad Underwood, Director of Public Works
[email protected]
(650) 522-7303
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO APPROVE THREE SEPARATE PURCHASE CONTRACTS FOR THE PURCHASE OF FOUR NEW DUMP TRUCKS IN THE TOTAL AMOUNT OF $555,059.63 WHEREAS, the City Council is being asked to approve the purchase of three (3) new 2023 Ford F650 dump trucks and one (1) new 2024 Ford F650 dump truck in a total amount of $495,059.63; and WHEREAS, the City attempted to purchase the needed dump trucks through a cooperative purchasing process with Sourcewell, and its selected vendor, National Auto Fleet Group; and WHEREAS, the City’s orders for the purchase of dump trucks have not been built; and WHEREAS, the manufacturer has not established a production date for the needed dump trucks; and WHEREAS, City staff has located four (4) new dump trucks from commercial dealerships available for purchase which will satisfy the City’s needs; and
WHEREAS, the City has received quotes for the purchase of the two (2) new 2023 Ford F650 dump trucks from Mission Valley Ford Truck Sales, Inc., one (1) new 2023 Ford F650 dump truck from The Ford Store Morgan Hill, Inc., and one (1) new 2024 Ford dump truck from Salinas Valley Ford Truck Sales, Inc. that are less than quotes received from National Auto Fleet Group; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contracts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it is in the best interest of the City; and WHEREAS, based on these circumstances, staff recommends approval of purchase contracts with Mission Valley Ford Truck Sales, Inc., The Ford Store Morgan Hill, Inc., and Salinas Valley Ford Truck Sales, Inc. because it is in the best interest of the City for the reasons set forth in this resolution.

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

1. The purchase of three (3) new 2023 Ford F650 dump trucks and one (1) new 2024 Ford F650 dump truck 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 to the environment. (CEQA Guidelines Section 15378(b)(5).)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of two (2) new 2023 Ford F650 dump trucks from Mission Valley Ford Truck Sales, Inc., one (1) new 2023 Ford F650 dump truck from The Ford Store Morgan Hill, Inc., and one (1) new 2024 Ford F650 dump truck based on competitive quotes is in the City’s best interest for these reasons:
a. The Ford F650 dump truck is the standard for most municipal agencies and these replacement trucks are needed for the upcoming wet weather season; and 259 of 608
b. The City is unable to procure the needed new F650 dump trucks through a competitive purchasing process with Sourcewell and its selected vendor National Auto Fleet Group; and
c. The quotes received from Mission Valley Ford Truck Sales, Inc., The Ford Store Morgan Hill, Inc., and Salinas Valley Ford Truck Sales, Inc. were less than those received from National Auto Fleet Group.

3. The purchase of two (2) new 2023 Ford F650 dump trucks from Mission Valley Ford Truck Sales, Inc. in an amount not to exceed $257,868.00 is approved.

4. The purchase of one (1) new 2023 Ford F650 dump truck from The Ford Store Morgan Hill, Inc. in an amount not to exceed $121,107.87 is approved.

5. The purchase of one (1) new 2024 Ford F650 dump truck from Salinas Valley Ford Truck Sales, Inc. in an amount not to exceed $116,038.76 is approved.

6. A contingency reserve in the amount of $20,000 for each commercial dealership supplier, for a total contingency reserve amount of $60,000, is approved.

7. The Public Works Director is authorized to execute the purchase contracts in substantially the form presented on behalf of the City and issue change orders within the contingency amounts. 260 of 608
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PURCHASE CONTRACT
FOR ONE (1) NEW 2023 FORD F650 DUMP TRUCK
FROM MISSION VALLEY FORD TRUCK SALES, INC.

This Purchase Contract (“Contract”), 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 MISSION VALLEY FORD TRUCK SALES, Inc., a CORPORATION (“VENDOR”).

RECITALS:

A. CITY desires to purchase certain one (1) new 2023 Ford F650 Dump truck hereinafter described.

B. CITY desires to engage VENDOR to provide these one (1) new 2023 Ford F650 Dump truck by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices, for an amount not to exceed $ 128,934.00 shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax.

Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

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

All shipments shall be F.O. B. 1961 Pacific Blvd. San Mateo. Transportation charges shall be shown as a separate item on the invoice.

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

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

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

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

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

SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

SECTION 15 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Contract. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Contract.

SECTION 17 - MEDIATION
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
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To CITY: Marie Silva
City of San Mateo
1961 Pacific Blvd.

San Mateo, CA. 94403
To VENDOR: Mission Valley Ford Truck Sales, Inc.

Attn: Jeff Speno, President
780 East Brokaw Road, San Jose, CA.
95112
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Mission Valley Ford Truck Sales, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Brad B. Underwood
Interim Public Works Director
Date Mission Valley Ford Truck Sales,
Inc.

Jeff Speno
President
Date
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Exhibit A
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Rev 7/21

PURCHASE CONTRACT
FOR ONE (1) NEW 2023 FORD F650 DUMP TRUCK
FROM MISSION VALLEY FORD TRUCK SALES, INC.

RECITALS:

A. CITY desires to purchase certain one (1) new 2023 Ford F650 Dump truck hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices, for an amount not to exceed $128,934.00 shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax.

Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

All shipments shall be F.O. B. 1961 Pacific Blvd. San Mateo. Transportation charges shall be shown as a separate item on the invoice.

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
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To CITY: Marie Silva
City of San Mateo
1961 Pacific Blvd.

San Mateo, CA. 94403
To VENDOR: Mission Valley Ford Truck Sales, Inc.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Mission Valley Ford Truck Sales, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Brad B. Underwood
Interim Public Works Director
Date Mission Valley Ford Truck Sales,
Inc.

Jeff Speno
President
Date
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Exhibit A
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Rev 7/21

PURCHASE CONTRACT FOR
ONE (1) 2023 FORD F650 DUMP TRUCK FROM THE FORD STORE MORGAN HILL, INC.

This Purchase Contract (“Contract”), 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 The Ford Store Morgan Hill, Inc., a CORPORATION (“VENDOR”).

RECITALS:

A. CITY desires to purchase certain one (1) new 2023 Ford F650 dump truck vehicle hereinafter described.

B. CITY desires to engage VENDOR to provide these one (1) New Ford F650 dump truck vehicle by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices, for an amount not to exceed $ 121,107.87 shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

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

Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.
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SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract.

All shipments shall be F.O. B. 1961 Pacific Blvd. San Mateo. Transportation charges shall be shown as a separate item on the invoice.

SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted. 276 of 608
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SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law: (a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo. 277 of 608
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SECTION 15 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.

SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Marie Silva
City of San Mateo
1961 Pacific Blvd.

San Mateo, CA. 94403
To VENDOR: The Ford Store Morgan Hill
Attn: Ashley Valletta, General Manager
and Vice President
17045 Condit Road
Morgan Hill, CA. 95037
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SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and The Ford Store Morgan Hill, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Brad Underwood
Public Works Director
Date The Morgan Hill Ford Store
Ashley Valletta,
Vice President
Date
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Exhibit A
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PURCHASE CONTRACT
FOR ONE (1) NEW 2024 FORD F650 DUMP TRUCK
FROM SALINAS VALLEY FORD TRUCK SALES, INC.

This Purchase Contract (“Contract”), 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 SALINAS VALLEY FORD TRUCK SALES, Inc., a CORPORATION (“VENDOR”).

RECITALS:

A. CITY desires to purchase certain one (1) new 2024 Ford F650 Dump truck hereinafter described.

B. CITY desires to engage VENDOR to provide these one (1) new 2024 Ford F650 Dump truck by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices, for an amount not to exceed $116,083.76 shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax.

Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

All shipments shall be F.O. B. 1961 Pacific Blvd. San Mateo. Transportation charges shall be shown as a separate item on the invoice.

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
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To CITY: Marie Silva
City of San Mateo
1961 Pacific Blvd.

San Mateo, CA. 94403
To VENDOR: Salinas Valley Ford Truck Sales, Inc.

Attn: Alfonso Ramos, Finance Manager
780 East Brokaw Road, San Jose, CA.
95112
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Salinas Valley Ford Truck Sales, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Brad B. Underwood
Interim Public Works Director
Date
Linh Nguyen
Assistant City Attorney
Date
Salinas Valley Ford Truck Sales,
Inc.

Alfonso Ramos
Finance Manager
Date
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Exhibit A
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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: 16 Section Name: CONSENT CALENDAR Account Number: 10-6122 File ID: 23-8184 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: November 20, 2023
SUBJECT:

Landscape Maintenance Services: Medians, Islands, and Right of Ways – Agreement RECOMMENDATION:

Approve an agreement with Loral Landscaping, Inc. for maintenance services of medians, islands, and right of ways in an amount of $865,490.50; authorize a 15 percent contingency of $129,823.58 for a total amount not to exceed $995,314.08; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

A Request for Bids was published on the City’s Bid Posting webpage on October 20, 2023, and advertised in the local newspaper. By the closing date of November 3, 2023, the City received 2 bids, the results for the first year of the contract are as follows:
• Loral Landscaping, Inc $274,556.00
• BrightView Landscape, Services Inc. $291,632.00
Loral Landscaping, Inc. (Loral) is the contractor who has been performing these landscape maintenance services for the past 7 years. Loral is a company based in the City of San Mateo and staff have been satisfied with their previous work performance. Loral staff are responsive to city staff regarding feedback and issues that arise. The agreement is to perform this maintenance for a three-year period from December 1, 2023, to November 30, 2026, with the option to extend this agreement under the same terms (except cost) of the original agreement for up to two additional years. The agreement contains a clause that allows for annual increases based on Consumer Price Index of all urban consumers for the San Francisco-Oakland-San Jose area, as published by the United States Department of Labor index, capped at 5 percent annually. The contract amount of $865,490.50 accounts for maximum 5 percent increases in the second and third years of the contract, starting with the first-year cost of $274,556.00. If the CPI increases are less than 5 percent in either year, then the contract amount for those years would be reduced accordingly.

The $41,565 cost increase for this agreement compared to the previous agreement is largely due to the addition of regulatory requirements in green infrastructure maintenance and documentation plus inflation.

BUDGET IMPACT:

The Parks and Recreation department has funding for this agreement.

ENVIRONMENTAL DETERMINATION:

This agreement for median maintenance 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 295 of 608

CITY OF SAN MATEO
structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Ron Hostick, Parks and Landscape Manager
[email protected]
650-522-7423
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AGREEMENT WITH LORAL LANDSCAPING, INC

FOR LANDSCAPE MAINTENANCE SERVICES
FOR

MEDIANS, ISLANDS AND RIGHT OF WAYS
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 LORAL LANDSCAPING, INC a CORPORATION ("CONTRACTOR"), whose address is 704 South Amphlett Blvd., San Mateo, CA 94402.

RECITALS:

A. CITY desires certain LANDSCAPE MAINTENANCE services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on December 1, 2023 and be completed on November 30, 2026, with an option to extend for up to two additional 12-month periods.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount of $865,490.50, pursuant to rates stated in Exhibit B, 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 CONTRACTOR. THE CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

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

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. 298 of 608
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SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

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

SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement.

The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

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

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 300 of 608
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SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

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

To CITY: Ron Hostick
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: Loral Landscaping, Inc
704 Amphlett Blvd.

San Mateo, CA 94402
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

CITY OF SAN MATEO CONTRACTOR
Joanne Magrini
Director, Parks and Recreation
Date Howard Wheeler
President
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
Scope of Services
Part I: Landscape Maintenance Specifications

1. Scope of Work
The Contractor shall furnish all labor, equipment, materials, tools, and supervision to perform median, right of way, islands, and green infrastructure landscape maintenance as described herein including, but not limited to, the following:
(a) Weed control and cultivation – both mechanically and/or with chemicals. (b) Fertilization.
(c) Shrub trimming, pruning, and training.
(d) Tree care as prescribed in technical specifications. (e) General pest control, including insects and diseases, as necessary to maintain a healthy environment for plant growth. This includes rodents, snails, and slugs. (f) Ensure that the maintenance and documentation of Green Infrastructure care are completed and included in the monthly statement package. (g) General litter pick-up, refuse and debris removal from planters and landscape areas. (h) Irrigation system monitoring, maintenance, and repair. (i) Hardscape cleaning: clean and remove graffiti from planters, controller boxes, and backflow devices.

2. Level of Maintenance
All work shall be performed in accordance with the highest landscape maintenance standard, as stated in the Technical Maintenance Specifications. Standards and frequencies may be modified from time to time as deemed necessary by the city for the proper maintenance of the sites.

The Contractor shall submit to the City of San Mateo, after award of contract, a prepared schedule of operations, which shall be followed upon approval. The proposed schedule may be revised, subject to the approval of the city, to facilitate the Contractor's operations if circumstances require and justify such a change.

In the judgment of the City, if the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document; providing no other arrangements have been made between the Contractor and the City. Failure to give notification of a change and/or failure to perform an item of work on a scheduled day may result in a deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standards.

The Contractor is required to correct deficiencies within the time specified by the city. If noted deficient work has not been completed, payment for subject deficiency shall be withheld during the current billing period and shall continue to be withheld until deficiency is corrected, without the right to retroactive payments.
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3. Supervision of Contract
All work shall meet with the approval of the City of San Mateo Parks and Landscape Manager or their designee. There shall be periodic meetings with the Contractor and City’s representative to determine progress of the work and to establish items that may require attention.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor in writing and if not corrected, payment to the Contractor will be withheld until condition is corrected in a satisfactory manner as set forth in these specifications.

The City’s representative and the Contractor’s representative will typically meet monthly. The purpose of this meeting will be to discuss project problems, tours of all sites and determine the Contractor’s conformity with these specifications and the adequacy of the work being performed. More frequent meetings may be required as determined by the city.

Once awarded the contract, provide a detailed schedule of completed work and in what areas monthly with the invoice. Approximate location from Attachment A, and any materials applied such as mulch, fertilizer, and pesticides as well as labor hours to complete the work shall be included in the report.

4. Specifications
These specifications are intended to cover all labor, material, standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

5. Traffic and Access
The Contractor shall have vehicles clearly marked with the Contractor’s name.

Any parking citations received by the Contractor are the responsibility of the Contractor.

The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flagmen as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2002 Edition. (Section 360, California Vehicle Code, defines highways to include streets). The provisions of this manual will become a part of the requirements of the contract.

Construction and maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public. Convenient access to driveways, businesses, and buildings along the line of work shall be maintained unless otherwise approved by the City in advance. Contractor shall request and obtain approval from City before any lane closures are implemented. Open excavation and ditches shall be covered and guarded in such a manner as to permit safe traffic flow during hours when no work is being performed. 304 of 608
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6. Disposal
The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses and shall pay all disposal fees. The City shall in no way be responsible for the disposal.

7. Records
Contractor shall keep accurate records concerning all his/her employees or agents and within fifteen (15) days of the effective date of this Agreement, provide the City with names, addresses, telephone numbers, and pager numbers of employees to be called in case of emergency.

Contractor shall keep accurate records of all pesticide use (see Attachment E).

8. Specialty Operations
Contractor shall give written notification of all “specialty type” maintenance operations to the City 48 hours prior to each of these operations. “Specialty type” maintenance operations are defined as fertilization, preemergent weed control, all pesticide applications, and any plant replacements, including seasonal bedding plants.

9. Landscape License
The Contractor shall hold a valid and current California C27 License and submit a copy thereof to the City.

The Contractor shall also maintain a California State Licensed Pest Control Applicator or Qualified Applicator Certificate with a Maintenance Gardener Business License, Category B. The use of any chemical by the Contractor shall be based on the recommendation of a State Licensed Pest Control Advisor. The names and permit numbers will be supplied to the City at the beginning of Contract, and any changes to this information shall be forwarded within 24 hours of said change. The Contractor shall not be permitted to store any pesticide within a City owned facility without express written permission of the City representative.

10. Examination of Site and Work
City makes no representation about the order or condition of the work area, nor does the City warrant that the work area will be free from defects, either apparent or hidden, at the commencement of or at any time during the term of the Contract. Contractor must examine the location, physical conditions, and surroundings of which these factors will influence the performance of the contract work. By entering the Contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its “as is” condition with the intent to upgrade or modify existing deficiencies to Contract specifications.

11. Extraordinary Work
General:
(a) New or unforeseen additional work will be classified as extra work and will be performed only upon approval by the Parks and Landscape Manager or their designee, unless a condition exists wherein it appears that there is danger of injury to persons or damage of property. In seeking extra work 305 of 608
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approval, Contractor shall delineate costs related to how much of the job shall be labor/supervision and materials/parts, if any.
(b) The City, as a result of Acts of God, vandalism, theft, civic disturbances, or accidents may require the Contractor to perform extraordinary work.
(c) Extraordinary work may also be required by the City in order to add new landscaping or to delete, modify, or renovate existing landscaping and/or irrigation system parts. (d) Extraordinary work shall not interfere with the completion of the general maintenance work. For large projects of $1,000 or more, an “Extra” crew, supervised by the Contractor, shall be used in order to keep the regular maintenance crew doing their scheduled work. (e) See Attachment B – Sample of Extraordinary Work Request Form.

Process:

The Contractor shall provide in writing a cost estimate and timeline for the extraordinary work described.

The City shall approve all estimates in writing. The Contractor shall perform the necessary work and invoice the City for the work performed according to the City’s policies.

12. Workmanship and Supervision
A. The Contractor shall provide a workforce sufficient to complete the work as specified.

B. Competent and experienced workers shall perform the work. Workers skilled specifically in state-of-theart, automatic irrigation systems shall perform irrigation maintenance and repairs. Contractor shall submit a copy of an Irrigation Schedule Report and an Irrigation Repair Report to the City monthly. Payment of monthly invoice will be withheld unless these two documents are submitted.

C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and foremen must communicate effectively both in written and oral English and shall be present at all times during Contract operations. Any order given to these supervisors or foremen shall be deemed as delivered to the Contractor.

D. All pesticide operations, where required, shall be performed or supervised by a California State Licensed Pest Control Applicator through written communication by a California State licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all Federal, State, and local laws and regulations regarding pesticide usage. The Contractor shall provide copies to the City of his/her license and registration of both of his/her Pest Control Advisors and Pest Control Operators licenses. The Contractor shall submit a copy of the “Pesticide Use Summary” to the City on a monthly basis. (See Attachment E). Payment of monthly invoice will be withheld unless a Pesticide Use report is submitted.

E. Persons employed by the Contractor who are found unsatisfactory by the City shall be discharged or reassigned by the Contractor upon fifteen (15) days written notice from the City.

13. Repairing Damaged Work
A. The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by the Contractor’s act hereunder. Watering, 306 of 608
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pesticide spraying, and other maintenance specifications shall not be done at a time when it might damage parked cars or at times when activities in the Contract area might be inconvenienced or disrupted.

B. Repairs to the irrigation system resulting from damage by other than the Contractor’s operation (e.g., vandalism) shall be reported promptly to the Parks and Landscape Manager or their designee together with an estimate of costs for correction of the condition. The Parks and Landscape Manager or their designee may authorize repair by the Contractor and the City will pay the Contractor for this work.

C. The Contractor shall be responsible for the replacement of all plant materials, including trees, shrubs, ground cover and similar materials. The full cost of such replacement, including the cost of labor, shall be borne by the Contractor, except as provided in subsection “D” below.

D. Replacement of plant materials damaged or destroyed by City forces, or as a result of accident or vandalism, shall be reported promptly to the Parks and Landscape Manager or their designee together with an estimate of costs for replacement. The Parks and Landscape Manager or their designee may authorize replacement by the Contractor, and the City will pay the Contractor for the cost of the replacement including the cost of labor.

14. Safety Requirement
A. All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Parks and Landscape Manager or their designee reserves the right to issue restraining or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract.

B. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from Contractor’s operations. Any hazardous condition noted by the Contractor, which is not the result of his/her operations, shall be immediately reported to the Parks and Landscape Manager or their designee.

15. Liability for Damages
The Contractor shall be fully responsible for any and all damage to City property, equipment, or other property on the public premises that result from the Contractor’s operations under this Contract. This shall include, but not be limited to the replacement, at Contractor’s expense, of shrubs, trees, vines, turf, groundcover, or other landscape items that are lost due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, or lack of proper maintenance and care.

16. Schedules
Schedule:
(a) The Contractor shall provide a Maintenance Schedule indicating the time frames when items of work shall be accomplished per the performance requirements. This maintenance schedule shall be a document which clearly states when required landscape maintenance practices will occur. Both the 307 of 608
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Contractor and the City should be able to refer to this schedule to determine when required maintenance shall occur.
(b) The Contractor shall complete the schedule for each facility in a manner that shall correspond to the weekly schedules.
(c) The Schedule shall be submitted to the City for approval within fifteen (15) calendar days after the effective date of the Contract.
(d) The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

Irrigation Controller Schedules:

The Contractor shall provide irrigation controller schedules for each controller indicating locations, stations, and minutes per each station. These schedules should be updated monthly. (See Attachment C). The Contractor will be given a Calsense code to enter the controller and for City to verify weekly compliance.

This schedule is required to be included in the Monthly Maintenance Report.

Please note: When scheduling all “Calsense” computerized controllers, Contractor shall be required to check each controller unit at least once per week during the growing season. This will ensure detection of any irrigation system malfunctions, including main water line breaks or system shutdowns. Alert reports of irrigation malfunctions will be faxed to Contractor’s office when noted by City designee for repairs. All repairs will be done with the same nozzles that exist in the location.

17. Underground Excavations
Contractor shall be responsible for locating all underground utility lines to ensure the safety of his/her work crew and to protect in place existing utility equipment before commencing any excavation. Contractor shall contact the City and Underground Service Alert (USA) at 1-800-422-4133 at least 48 hours prior to commencing any excavation.

When noticed by the City, Contractor shall respond to Underground Service Alert (USA) request from outside agencies. Control wires shall be tracked and marked as needed for any USA request. Irrigation pipes shall be marked if possible. Contractor shall be expected to be available for this work; however, this work shall be considered Extraordinary Work and be invoiced as such.
– End of Landscape Maintenance Specifications –
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Part II: Technical Maintenance Specifications

1. General Landscape Maintenance Requirements
A. All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in Attachment A to these Special Provisions, Maintenance Frequency Summary. The City shall have the right to determine scheduled days and the extent and frequency of additional “as needed” services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the facilities.

B. All operations will be conducted to provide maximum safety for the public and minimize disruption to the public. The Contractor is to follow all City noise ordinances.

C. Leaves, glass, paper, weeds, and any other debris will be removed from landscaped areas and disposed of offsite.

D. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by their maintenance operations. Any spills of gasoline, oils, fertilizer, or toxic material shall be immediately and properly mitigated and then the Parks and Landscape Manager or their designee is to be notified.

E. The Contractor shall maintain the premises clean of weeds, litter, and debris always. Upon completion of any work, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his construction and installation equipment from the premises. The Contractor shall not use existing City trash containers to deposit litter. Contractor shall supply his own trash liners and bags as needed.

F. Plant material adjacent to roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection.

G. Plant materials shall be pruned so that all traffic control signs are clearly visible to approaching vehicles.

H. The City shall be notified immediately of any unusual, hazardous, or vandalized conditions at the work site, including but not limited to broken streetlights, fallen tree branches, or any item that creates a potential hazard.

I. The Contractor shall control all insects, diseases, rodents, snails, slugs, and other like pests. The Parks and Landscape Manager or their designee should be made aware of any control measures to be used, showing evidence of written recommendations from the Contractor’s Pest Control Advisor. Rodent control is considered a part of this Contract. All rodent activity should be controlled as soon as possible. Rodents include gophers, ground squirrels, moles, and rats.

Rodent control must be carried out in a manner so as to prevent any possible danger to nontargeted animals. 309 of 608
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2. Specific Landscape Maintenance Requirements
A. Irrigation System Maintenance

1. The Contractor shall maintain all irrigation systems in a professional, operable condition always. This includes but is not limited to controllers, back-flow devices, moisture sensors, manual and remote-control valves, wiring, pipes, sprinkler heads, drip irrigation equipment, hose bibs, and quick couplers. The Contractor shall not be responsible for the water meter assembly except if Contractor’s operations cause damage to these items.
a. Repair, replace or adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State and local regulations accordingly.
b. Adjust water application to compensate for changes in weather. The Contractor will be responsible for damages occurring due to under watering or overwatering operations.
c. The Contractor shall turn off irrigation system controllers during periods of rain. Water runoff onto roadways or sidewalks is not permitted. d. All sprinkler part replacements are to be made with original type material or better; the Parks and Landscape Manager or their designee shall approve all substitutes.
e. Repair or replacement of equipment damaged because of Contractor’s negligence shall be replaced at the Contractor’s expense. f. Necessary irrigation repairs shall be made prior to the next irrigation cycle. g. Irrigation programming charts will be updated each month. h. Areas that require irrigation will have such accomplished no later than 7:30 a.m. and must follow all drought regulations imposed by water providers. i. At no time should drip irrigation lines be visible, keep it covered with wood chip mulch where needed.

2. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions. Such inspection shall be made at least once per month; however, the Contractor shall be responsible for the proper operation of the system always and shall provide for obvious repairs as they occur. 310 of 608
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3. Repairs. All portions of existing facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired and replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City and shall be as indicated by the City’s representative. Repairs to facilities shall be made immediately after damage or alternation occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If the Contractor does not make repairs to the satisfaction of the City, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Parks and Landscape Manager or their designee.

B. Ground Cover Maintenance

1. All ground cover areas shall be maintained in a trimmed and weed-free condition. a. Weeds shall be removed upon appearance. Weed removal shall be done per Attachment A frequencies. A pre-emergent herbicide may be used where appropriate in shrub and ground cover beds to inhibit weed growth. Weeds not killed with herbicides shall be removed manually. The Contractor at his expense shall replace plants killed by weeds and chemicals, etc. Weeds shall be controlled and not allowed to reach an objectionable height, as determined by the Parks and Landscape Manager or their designee. b. Ground cover areas shall be fertilized (per Attachment A) with commercial fertilizer appropriate to the plant type, at a rate of 1 lb. of Nitrogen per 1,000 square feet. Fertilizer shall be a complete fertilizer furnishing the required plant nutrients to keep ground cover, trees, shrubs, and other plants in a healthy and vigorous growing condition. Applications shall be made at recommended rates. If the application of iron, zinc or other trace minerals is required to correct a specific soil deficiency, it shall also be applied as needed at the Contractor’s expense and a receipt for materials should be included with the schedule of applications on a monthly basis.
c. Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, shrubs, roadways, or other adjacent areas. d. Irrigate as required to maintain adequate growth and reasonable appearance.
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e. All mulched or chipped areas should be neatly maintained and replenished when either the thickness of mulch is less than 1” or area becomes unattractive. With clean recycled local tree waste chips or similar product. f. Medians should have a 3” wood chip mulch cover for weed control and water management.
g. Mulch must be applied and maintained no closer than 12 inches to the stem of any tree.
h. Control pests, including insects and diseases, as necessary to maintain a healthy environment for plant growth. This includes rodents, snails, and slugs.
i. All bare ground cover areas shall be kept cultivated and raked in excessive debris.

C. Shrub, Vine, Flower, and Tree Maintenance
a. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant’s natural character. b. Trim shrubs to maintain the size and shape specified by the Parks and Landscape Manager or their designee.
c. Pruning shall be accomplished to maintain a “natural” appearance, unless specified differently by staff.
d. Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs.
e. Application of an iron chelate fertilizer or other micronutrients shall be made as needed throughout the year to maintain healthy, vigorous growth and foliage.
f. Irrigate as required to maintain adequate growth and appearance. g. All bare shrub bed areas shall be raked monthly to remove litter and debris. h. Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines or other structures. Dead branches of plants shall be removed regularly. 312 of 608
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i. Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation.
j. Any paper, weeds, cans, or other litter found in ground cover/shrub beds shall be removed on sight.

2. Tree care:
a. Stake and support trees as necessary. Staking shall be done with 6 to 8- foot-tall wooden stakes installed on 2-3 sides of the tree. Trees shall be secured to stakes using fiber or elastic tie that will not restrict trunk growth. b.All tree guides, ties, and stakes shall be checked regularly to maintain a neat appearance and to avoid girdling and tree damage of any kind. c. Contractor shall remove branches and other debris generated by inclement weather.
d. Each site shall be inspected for dead or dying trees; broken, cracked, or hanging branches; or other hazards. Immediately notify the Parks and Landscape Manager or their designee if any of the above conditions exist. e. Except for emergency removal, no tree or shrub shall be removed without prior direction or approval of the City. Trees and shrubs badly damaged and in need of replacement shall be brought to the attention of the Parks and Landscape Manager or their designee.
f. Maintain a 12-inch radius mulch-free zone, adjacent to the stem of all trees. Under no circumstances should mulch contact the stem or cover the root flare at the base of the tree trunk.
– End of Technical Maintenance Specifications –
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Part III: LIST OF ATTACHMENTS
• Attachment A Landscape Maintenance Locations & Minimum Frequencies • Attachment B Sample of Extraordinary Work Request Form • Attachment C Sample of Irrigation Controller Schedule Form • Attachment D IPM Program Service Providers Pesticide Use Summary • Attachment E Pesticide Use Summary Report Form
• Attachment F Green Infrastructure Maintenance
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Attachment A
Landscape Maintenance Locations & Minimum Frequencies
Zone
Street Name
Litter pick-up
Weeding
Pruning (shrubs)
Trimming (Ice Plant, Ivy,
Ground Cover or Vines)
Irrigation Check
Fertilize
Pesticide application

SPECIAL NOTES
1 3rd and Crystal Springs (Eaton Park
Way) M M Q Q
PtE,
PE
1 3rd and Parrott M M Q Q M 1x PtE Pull palm
seedlings/volunteers. NODE
1 Alhambra Circle M Q
1 Aragon & ECR W M Q
PtE,
PE
1 Arroyo Court W Q Q Keep leaves blown
1 Barneson & Quince M M Q Q 1x
1 Baytree Way M M Q Q PtE,PE
1 Carmel Circle M M Q Q M 2Y PtE Spray acanthus monthly.

NODE
1 Chesterton Place M M Q Q
PtE,
PE
1 Crystal Springs ROW near Alameda
de las Pulgas Y Q Debris clean-up
1 De Sabla (small divider) M
M
Q
PtE keep suckers down
1 East and West Capistrano circles M M Q Q
PtE,
PE
1 El Camino Real median islands from
2nd to 21st W M Q M
PtE,
PE
Irr only from 2nd to 5th.

IRRITROL
1 Fairfax/Franklin M M Q M PtE,
PE
1 Fairfax/Irving (planting divider) M Q Q Q M
PtE,
PE
NODE
1 Hayward Islands M Q Q Q M
PtE,
PE
keep suckers down. NODE
1 Kentucky/Nevada (planting divider) M Q Q Q M
PtE,
PE
NODE
1 Mounds & Gramercy Q Q Q PtE
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1 6 locations on North San Mateo Dr
locations between E Bellevue Ave
and Peninsula Ave
M M Q Q Q 1X PtE,
PE
1 Notre Dame Avenue (El Camino to
Alameda) M M Y Q
PtE,
PE
1 Parrott and Alameda (concrete
traffic divider) Q PtE
1 Parrott and Tree Top (backside of
St. John Cemetery) M M
1 San Mateo Parks (65) M Q Q Q Q
PtE,
PE
If there are storms then
palm fronds need to be
picked up within 24 hours.

No ivy climbing up trees
1 Railroad Avenue Btwn 9th and 17th
(both east and west) Q Q PtE,PE
1 Virginia/Georgetown M M Q Q M 1x PtE,
PE
NODE
1 Woodland ROW (End of school to
Hillsborough border) M M 2Y Q
PtE,
PE
Poison Oak
2 3rd Ave and Lindberg (Park & Ride
lot and large triangle) 2M M
PtE,
PE
2 3rd Ave between Norfolk and North
Hwy 101 on-ramp
2x
M

M Q M Q
PtE,
PE

IRRITROL
2 3rd/101 Pedestrian Bridge over
Freeway W M PtE Blow walkway
2 4th Ave and Fremont M M Q Q Q 1x
2 4th Ave and S. Humboldt ROW M Q
PtE,
PE
2 5th Ave and Delaware M M Q Q Q 1x
2 800 N Humboldt St M M Q Q 1x
2 9th Ave and Delaware M M Q Q Q 1x
2 Armada Way Btwn Shoal and
Bridgepoint Circle medians W M Q Q Q 2Y PtE, PE
Roses. IRRITROL
2 Baker Way between Fashion Island
Blvd and Bridgepoint W M 1Y Q
PtE,
PE
Roses. IRRITROL
2 Bayshore Blvd at Dore Ave
Interchange (including island)
2x
M
M
PtE,
PE
Chip this area
2 Bike Path from Dale Avenue to
Detroit Drive 2M M Q Q
PtE,
PE
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2 Bike Path from Mariners to Anchor
Rd 2M M 2Y 2Y PtE, PE
Spot spray only-avoid
wildflowers
2 Bridgepoint Parkway Median and
Median Islands on Chess Drive by
Home Depot and Hilton. Medians
on Fashion Island Blvd. West and
East side of Mariners Island Blvd.

W M Q Q Q 2Y PtE,
PE
Remove volunteers, clean
drip filters-Q. IRRITROL
2 College Ave & N Humboldt St M M Q Q 1x
2 Concar @ 92 (concrete traffic
divider) PtE
2 Concar @ Delaware Q PtE
2 Concar Drive ROW (Caltrain station
parking lot to Grant Street) North
side only
W M 2Y Q Q 2Y PtE,
PE

IRRITROL
2 E. Grant Place Walkway M M PtE
2 East side Delaware St. from 16th
Ave. canal to Concar Ave. and
medians on Charles & Betty Street
entrance medians to 19th Ave. Park.

Median on Concar East of Grant
and the planting strip North Side on
Concar Ave. from Grant St. to end
by Hayward Park Train Station. This
also includes the both sides of bioswale (Sunnybrea to Charles) W M Q Q M 2Y PtE,
PE
Mostly CALSENSE. IRRITROL
(Betty only)
2 Edgewater Boulevard Median and
Hardscape from Fashion Island
Boulevard to San Mateo City Limit
Median on South-East Side of HWY
92 Overpasses.

W M Q Q M 2Y PtE,
PE
NODE
2 Gateway area (city entrance sign,
corner of 3rd and S Humboldt, 2nd
Ave fence)
W M Q Q M 2Y PtE,
PE

IRRITROL
2 Hawthorne and Birch (large planted
divider) M Q Q Q
PtE,
PE
shrubs & ice plant
2 Peninsula Avenue underpass on
Amphlette and planting in both
sides of area, along with triangle
planting area on corner
2x
M
M
2x

YR Q M Q
PtE,
PE

RAINBIRD
2 J. Hart Clinton/3rd Avenue - Norfolk
to Mariners Island Blvd median.

Sound wall on west side. Shrubs
and grasses from Detroit Ave on
east and west side to serpentine
walls. Bike path from Detroit to
City limits. Anchor Road Parking lot

W M Q Q
PtE,
PE
2x YR-Trim grasses. Spray
weeds along soundwall. Spot
spray only in anchor roadavoid wildflowers
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Rev 12/22
and ROW. West side from Anchor
to Tideland Condos.
2 Meadow View Place W W Q Q M Q PtE Blow weekly. IRRITROL 2 Median on Mariners Island Blvd
from E. Third Avenue to Fashion
Island Blvd
W M
2x
YR Q M Q PtE
Trim Palms 2x YR. Pick up
palm fronds on median and
street. IRRITROL and NODES
2 North Amphlett from N Humboldt
to 2nd Ave
2x
M
M M PtE Sound wall area. Check
irrigation
2 N. Bayshore Blvd. (2nd Ave to
Peninsula) and Peninsula Ave
Interchange to Airport Blvd and
island at end (Burlingame border
2x
M
M M PtE Sound wall area
2 N Delaware St & Monte Diablo Ave M M Q Q 1x
2 N Humboldt St & Cypress Ave M M Q Q 1x
2 N Humboldt St & Monte Diablo Ave M M Q Q 1x
2 N Humboldt St & College M M Q Q 1x
2 Palm islands from 3rd to Cary
Avenue (on Norfolk)
2x
M
M M
2X
YR PtE IRRITROL
2 S Bayshore (Beacon to Newbridge). 2x
M
M Yrly M PtE Sound wall area. NODE
2 S. Amphlett @ 5th Avenue M Q
PtE,
PE
Keep clean
2 S. Idaho (1) & N. Idaho (1) (concrete
dividers) Q
PtE,
PE
2 San Mateo Creek Wall planter.

Weed control from Hwy.101 to J.

Hart Clinton Drive.

M M Q
PtE,
PE
Weed control where
landscaped
2 Shoal Drive (turn circle) Q Q Q
PtE,
PE
2 South Amphlett Blvd Btwn Concar
Dr and Haddon Dr (across from
Marriott)
W M
PtE,
PE
2 South Grant Street Btwn 10th Av
and Birch Av
2x
M
M
6x
YR
PtE,
PE
2 Trader Between Bridgepoint and
Mariners
2x
M

M Q M Q
PtE,
PE
Roses. NODE
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3 42 Avenue & ECR (old Skatepark
and city parking area next to CVS) 2M Q Q Q M
PtE,

PE NODE
3 42nd Avenue (El Camino to western
end) 2M Q Q 2Y M PtE, PE
Y-Oak Leaves. Only irrigation
is at western most island
(NODE)
3 Alameda De Las Pulgas Btwn Hobart
Avenue and Belmont Border W M Q Q M
PtE,
PE
2x YR-clean curb.

Irrigation only from Hobart
to 92 (IRRITROL)
3 Ashwood ROW 2M Q Q Q
PtE,
PE
3 Bettina Avenue 2M Q Q 2Y PtE,
PE
Acacia redolens
3 Borel Ave (ROW) Q 2Y PtE,
PE
3 Camden Avenue M Q Y
PtE,
PE
Oleander
3 Dalehurst Court M Q Y
PtE,
PE
3 DeAnza @ Highway 92 M
PtE,
PE
3 DeAnza Blvd (sidewalks, center
medians, 4 traffic triangles) M Q
PtE,
PE
3 Del Monte Court M Q Q PtE
3 Del Monte Place M Q Q PtE
3 E/W Hillsdale Blvd (underpass ECR
only) M M PtE Keep weeds off middle and
side walls
3 El Camino median from 17th Ave.
to 20th Ave, from 27th to 37th and
41st Ave

W M Q M Q
PtE,
PE
Irrigation only from 27th to
31st (CALSENSE)
3 Ensenada Median and ROW 2x
M
2x
M
Q
PtE,
PE
3 Fernwood M Q PtE
3 Greenfield Avenue 2M Q PtE Q-Oak Leaves
3 Hacienda & 31st Ave M M
3 Hacienda & 36th Ave (2 bio-swales) M M
Clean out leaves so drain not
blocked
3 Hacienda & 41st Ave Q Q
PtE,
PE
3 Hacienda & Winway M M
3 Hillsdale Park area Circles (Alder,
Arbor (2), Arrowood, Briar (2), M M Q Q
PtE,
PE
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Chestnut, Heather, Hickory, and
Louise)
3 Hillsdale Place M M Q Q
PtE,
PE
3 Hillside Court M M
PtE,
PE
3 Isabelle and Portola (concrete
traffic divider) Q Q PtE
3 Juniper St & 28th Ave M M Q Q 1x
3 Laurel Creek Drive (2) Q Q
PtE,
PE
Keep vehicle site line clear
3 Mason Ln & 28th Ave M M Q Q 1x
3 Melissa Court M Q Q Q
PtE,
PE
3 Monterey Street (entrance to
Laurelwood) M Q Q Q
PtE,
PE
3 Murphy M M Q Q
PtE,
PE
3 Spuraway Drive Q Q Q Q
PtE,
PE
3 Viewridge Q Q Q Q
PtE,
PE
3 W Hillsdale/HWY 92 (sidewalks, 3
traffic triangles) Q Q PtE
3 W. Hillsdale from Hwy 92 to CSM 2x
M

M Q Q M Q
PtE,
PE
2x YR-clean curb. IRRITROL
3 Wooster Avenue median 2M 2M Q Q M
PtE,
PE
NODE
3 Yew St ROW M Q Q Q
PtE,
PE
4 19th Avenue between Ginnever and
S. Norfolk St M M
PtE,
PE
4 Sidewalk beds both side of 28th
Avenue between Camino Real and
Pacific Blvd

M M Q Q Q
PtE,
PE
4 28th Ave Green Infrastructure M M Q Q Q 2Y PtE,
PE
4 Bay Meadows Area medians and
planters from Fairgrounds fence to
sound wall on Saratoga Ave.

Including Annapolis, Trinity,
Bermuda and McClellan Cull-DeSacs from Delaware St. to Hillsdale Blvd.

W W Q Q M 2Y PtE,
PE
north of canal spray weeds.

Check Netafim filters and
clean as needed.
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Rev 12/22
4 Bike Path from Hillsdale Blvd to
Lakeshore Park
2x
M
M Q PE
4 Delaware @ 19th (3) (concrete
dividers) Q Q
PtE,
PE
4 El Camino Real/ 42nd Ave. and
Pacific Blvd. cloverleaf plantings
and ROW by RR Tracks on South
West Side of Pacific Blvd. to City
Limit landscape area.
2x
M
M Q Q M 2xY PtE,
PE
IRRITROL and NODE
4 Franklin Parkway medians and side
plantings, Hillsdale Blvd. Medians
and side plantings and islands and
Mini Park from West Side of
Saratoga to East Side to HWY 101
entrance.

M M Q Q M 2xY PtE,
PE

CALSENSE
4 Ginnever medians (Between
Bermuda and 19th Ave) M M PtE
4 La Selva from Los Prados St to La
Selva Cir W M PtE Sound wall area
4 Laurie Meadows Green
Infrastructure M M Q Q 2Y PE
4 Laurie Meadows Dr Btwn Wood
Bridge and West of Suzie St W M PtE Blow weekly
4 Pacific Blvd ROW (North of 42nd to
CalTrain Station @Hillsdale)
2x
M
M
PtE,
PE
Chip and Weed
4 Pacific Blvd. and Hillsdale Blvd.
cloverleaf and associated planters
and shrub beds by Poinsettia and
McClellan area’s
2x
M
M Q Q
PtE,
PE
4 Pebblewood and Vailwood 2x
M
M Q
PtE,
PE
4 Poinsettia and Branson circle M M Q
4 S. Norfolk and La Selva (2 traffic
triangles) M M
PtE,
PE
4 San Mateo Village median and
turnabout on Saratoga Ave. South
of Hillsdale Blvd. and two Traffic
Circles on San Miguel Way.

M M
4 South Norfolk from Hillsdale Blvd to
El Parque Court W M Q
PtE,
PE
4 Two roundabouts on 40th Ave (in
San Mateo Village) M M
4 E. Hillsdale over HWY 101 (triangle
at Franklin PKWY to S Norfolk) M M
PtE,
PE
Keep median sprayed
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Highlight Zone numbers indicate Green Infrastructure (GI) maintenance required. 4 Bay Meadows, Landing Green -
Section 1 2W M 4Y M M 2Y PtE, PE
4 Bay Meadows, Landing Green -
Section 2 2W M 4Y M M 2Y PtE, PE
4 Bay Meadows, Landing Green -
Section 3 2W M 4Y M M 2Y PtE, PE
Mulch as needed (keep
3")
Zone
Special service
Mowing
Edging
Maintain Hardscape
4 Bay Meadows, Landing Green -
Section 1 W 2M 2W
4 Bay Meadows, Landing Green -
Section 2 W 2M 2W
4 Bay Meadows, Landing Green -
Section 3 W 2M 2W
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Attachment B
Sample of Extraordinary Work Request Form
To: Parks and Landscape Resources From:

City of San Mateo
2001 Pacific Avenue
San Mateo, CA 94403
(650) 522-7420 phone
Median, Island and Row’s Landscape Maintenance
Extraordinary Work Request
Date:

Location Description Estimated Costs
TOTAL = ________________________
Submitted by: ______________________________________
Date
Approved by: ________________________________________
Date
323 of 608
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Attachment C
Sample of Irrigation Controller Schedule Form
Schedule for
City of San Mateo, Parks & Recreation Department
Irrigation Controllers
Location: El Camino Real #1
Type: Solatrol
Days: M-W-F
Start time: 2:00 am
Sta. Min. Change Sta. Min. Change Sta. Min. Change
1 30 7 8 13 8
2 5 8 8 14 8
3 20 9 8 15 8
4 20 10 8 16 8
5 8 11 8 17 8
6 8 12 8 18 8
Location: Edgewater
Type: Irritrol
Days: M-W-F
Start time: 1:00 am
Sta. Min. Change Sta. Min. Change Sta. Min. Change
1 12 9 10 17 10
2 10 10 12 18 4
3 2 11 2 19 4
4 12 12 10 20 4
5 12 13 0 21 12
6 12 14 12 22 0
7 12 15 10 23 0
8 12 16 8 24 0
324 of 608
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Attachment D
IPM Program Service Providers & Pesticide Use Summary
The Contractor shall submit to the Parks and Landscape Manager or their designee of Landscape Resources, within five (5) days after award of contract, a prepared schedule of operations, which they shall follow upon approval. The proposed schedule may be revised, subject to the approval of the Parks and Landscape Manager or their designee of Landscape Resources, to facilitate the Contractor's operations if circumstances require and justify such change.

City has an Integrated Pest Management (IPM) Policy. The City’s IPM policy strives to promote IPM strategies to improve water quality in local creeks and the Bay, and independent of the policy, minimize health hazards to people from pesticide exposure.

Service provider shall conform to City’s IPM Policy in the following manner:

1. Furnish all supervision, labor, materials, and equipment necessary to evaluate, monitor, and provide pest management services for City of San Mateo rights-of-way, turf, landscaping, and other terrestrial vegetation resources.

2. Whenever feasible, utilize pest management techniques that employ least toxic chemicals and nonpesticide alternatives.

3. Using IPM strategies, control vegetation pests that include (describe specific pests targeted by Contractor).

4. Control pests while minimizing human exposure, secondary poisoning to non-target animals and pesticide-related water pollution by adhering to all label conditions.

5. The following products may not be used for pest control:
a. copper containing products
b. organophosphate products (e.g., diazinon, chlopyrifos, malathion, parathion) c. glyphosate
d. carbamate products (e.g., carbaryl)
e. pyrethroid products (e.g., allethrin, bifenthrin, beta-cyfluthrin, bioallethrin, cyfluthrin, cypermethrin, cyphenothrin, deltamethrin, esfenvalerate, etofenprox, fenpropathrin, gammacyhalothrin, imiprothrin, lambda-cyhalothrin, metofluthrin, permethrin, phenothrin, prallethrin, resmethrin, sumithrin (d-phenothrin), tau-fluvalinate, tefluthrin, tetramethrin, tralomethrin, cispermethrin, and zeta-cypermethrin) f. fipronil
g. clopyralid products
h. diamides (chlorantraniliprole and cyantraniliprole)
i. diuron
j. indoxacarb
k. neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran) 325 of 608
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6. Emergency applications of restricted chemical pesticides can be authorized by the project manager by submitting a written recommendation from a Pest Control Advisor (PCA) for use of the particular chemical and should describe why less toxic alternatives are not practical.

7. Pest management and pesticide use tracking and reporting. The following records will be kept, and procedures followed while servicing these sites:
a. Inspection Report. Provide inspection and recommendation report to Project Manager or their designee after each site visit.
b. Pesticide Use Report. Provide monthly pesticide reporting information using the standard California Department of Pesticide Regulation form PR-ENF-060 or equivalent. Submit the pesticide use information to the City Project Manager with the monthly billing invoice. Any recommendations for restricted chemical use must also be included with the monthly report. c. Qualifications of application. All applicators must be properly trained

8. Service provider will be in compliance with all federal, state, and local pest control operator requirements and regulations and maintain current licenses including a CADPR QAL with right of way pest control category C on staff at the local branch of the company.

9. The city strongly encourages IPM-certification. The following firms offer instruction and certification determined by the Regional Water Quality Control Board to satisfy standards of training for IPM:
a. Bay-Friendly Landscaping and Gardening Coalition. http://bayfriendlycoalition.org/ b. This is not intended as an endorsement of any particular firm. Other firms may offer comparable training. The service providers should submit a copy of their IPM certification.

10. Ongoing IPM Training: The City encourages service providers to attend annual IPM trainings. Service providers should submit documentation demonstrating their attendance at IPM trainings. 326 of 608
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Attachment E
Pesticide Use Summary Report
City of San Mateo IPM Program
Pesticide Use Summary Report
Service Provider Name: Reporting Period:

Contact: Phone:

Mailing Address:

Provide monthly pesticide reporting information using the standard California Department of Pesticide Regulation form PR-ENF-060 or the form below. Submit the pesticide use information to the City Project Manager with the monthly billing invoice.

Note: City requires alternatives to the use of the following pesticides: copper containing products; organophosphates (OP); carbamate products; synthetic pyrethroids; fipronil, glyphosate and clopyralid.

Emergency applications of restricted chemical pesticides can be authorized by the project manager by submitting a written recommendation from a Pest Control Advisor (PCA) for use of the particular chemical and should describe why less toxic alternatives are not practical.

Date Manufacturer/Name of
Product Applied (if
applicable)
EPA/CA Registration
Number
Include Alpha Code
Total
Product
Used
Location
of
work
Units treated
(acres/trees, etc.)
327 of 608
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Attachment F
Green Infrastructure Maintenance
Bioretention Area Maintenance Plan
(Locations with Zone Number highlighted in attachment A) I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1.

Table 1
Routine Maintenance Activities for Bioretention Areas
No. Maintenance Task Frequency of Task
1 Remove obstructions, accumulated sediment, debris and trash from bioretention area and dispose of properly.

Monthly, or as needed after storm
events
2 Inspect bioretention area to ensure that it drains between storms and within five days after rainfall. If ponded water does not drain within five days, check if drains are clogged or consider removing the surface biotreatment soil media and replacing with the approved soil media, plants and mulch.1 Monthly, or as needed after storm
events
3 Inspect inlets for channels, soil exposure or other evidence of erosion. Clear obstructions and remove sediment.

Monthly, or as needed after storm
events
4 Evaluate health of trees, shrubs and small plants. Remove and replace all dead and diseased vegetation.3
Twice a year
5 Maintain vegetation and the irrigation system. Prune and weed to keep bioretention area neat and orderly in appearance.

Before wet season begins, or as needed
6 Inspect and, if needed, add mulch before the wet season begins. It is recommended that composted arbor mulch be applied once a year to maintain a 3” depth of mulch over all bare soil areas except within six inches of tree trunks.3 Before wet season begins, or as needed
7 Inspect bioretention area using the attached inspection checklist.

Monthly, or after large storm events,
and after removal of accumulated debris
or material
II. Prohibitions
Do not use pesticides or other chemical applications to treat diseased plants, control weeds or remove unwanted growth. Employ non-chemical controls (biological, physical and cultural controls) to treat a pest problem. Prune plants properly and at the appropriate time of year. Provide adequate irrigation for landscape plants. Do not overwater.

III. Mosquito Abatement
Standing water should not remain in the treatment measures for more than five days.

IV. Inspections
The attached Bioretention Area Inspection and Maintenance Checklist should be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. This record will be included in the monthly invoice package.
328 of 608
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Bioretention Area
Inspection and Maintenance Checklist
Property Address: ______________________________
Treatment Measure No.: ___ Date of Inspection: Type of Inspection: □ Monthly □ Pre-Wet Season
□ After heavy runoff
□ End of Wet Season
Inspector(s): _____________________________ □ Other: ________ Defect Conditions When
Maintenance Is Needed
Maintenance
Needed? (Y/N)
Comments (Describe
maintenance completed and
if needed maintenance was
not conducted, note when it
will be done)
Results Expected When
Maintenance Is Performed

1. Standing Water When water stands in the
bioretention area between
storms and does not drain
within five days after
rainfall.

There should be no areas
of standing water once
inflow has ceased. Any of
the following may apply:
sediment or trash
blockages removed,
improved grade from head
to foot of bioretention
area, or added
underdrains.

2. Trash and Debris
Accumulation
Trash and debris
accumulated in the
bioretention area.

Trash and debris removed
from bioretention area and
disposed of properly.

3. Sediment Evidence of sedimentation
in bioretention area.

Material removed so that
there is no clogging or
blockage. Material is
disposed of properly.

4. Erosion Channels have formed
around inlets, there are
areas of bare soil, and/or
other evidence of erosion.

Obstructions and sediment
removed so that water
flows freely and disperses
over a wide area.

Obstructions and sediment
are disposed of properly.

5. Vegetation Vegetation is dead,
diseased and/or
overgrown.

Vegetation is healthy and
attractive in appearance.

6. Mulch Mulch is missing or patchy
in appearance. Areas of
bare earth are exposed, or
mulch layer is less than 3
inches in depth.

All bare earth is covered,
except mulch is kept 6
inches away from trunks of
trees and shrubs. Mulch is
even in appearance, at a
depth of 3 inches.

7. Miscellaneous Any condition not covered
above that needs attention
in order for the
bioretention area to
function as designed.

Meet the design
specifications.
329 of 608
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EXHIBIT B

PAYMENT RATES
The initial term of this Agreement shall be thirty-six months, with an option to extend for up to two additional 12-month periods. The Agreement shall commence on December 1, 2023. For the first 12 months of the contract, a sum of $274,556 divided into 12 equal monthly payments shall be the monthly payment. To calculate monthly payments thereafter, each subsequent 12-month period will be the previous 12-month period amount adjusted by CPI divided by 12 equal monthly payments. Each month will be billed with all supporting documentation required by the contract.

Contract Price Adjustment based on CPI
The contract price shall be fixed for an initial twelve-month period, from December 1, 2023 to December 1, 2024. Thereafter, the contract price shall be adjusted, based on any differences in the Consumer Price Index of all urban consumers for the San Francisco-Oakland-San Jose area, as published by the United States Department of Labor index. Beginning on March 1, 2024, the parties shall meet and confer regarding the projected cost of the Agreement for the next year. The parties shall mutually decide any changes in price by May 1st annually. All changes in contract price shall be deemed effective December 1st annually. No adjustment shall exceed 5% per year.

Table of Maximum Escalation
Year 1 Year 2 Year 3
Amount Payable
inc. maximum
escalation
$274,556.00 $288,283.80 $302,650.70
$865,490.50
330 of 608
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. 331 of 608
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 332 of 608

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 17 Section Name: CONSENT CALENDAR Account Number: 10-6143 File ID: 23-8187 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: November 20, 2023
SUBJECT:

Fallen Heroes Memorial Site Work – Construction Contract RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Staples Construction Company, Inc. for site improvements for the Fallen Heroes Memorial at Central Park in the amount of $241,751.68; establish a contingency reserve in the amount of $24,175.00; and authorize the Director of Parks and Recreation to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Parks and Recreation Department is constructing a Fallen Heroes Memorial at the direction of the City Council as part of the implementation of the Central Park Master Plan. Throughout the years, residents had been inquiring about where San Mateo has formal recognition for our fallen heroes and veterans. While there are six separate plaques scattered in Central Park recognizing veterans and service members, the City has no formal memorial. In response to community interest in 2015, Mayor Maureen Freschet recommended the creation of a memorial in Central Park to recognize all the City's Fallen Heroes, including public safety personnel. The San Mateo City Council unanimously agreed with the recommendation and directed that a Fallen Heroes Memorial be added to the Central Park Master Plan. An elevenmember steering committee, comprised of City Councilmembers, veterans, retired police and fire representatives, community members, and city staff was assembled to develop the memorial's concept.

The city contracted with RRM Design Group to develop a design concept for committee consideration. RRM returned with two concepts, including the Remembrance Poppy inspired by the national emblem of remembrance that was worn following World War I. The Committee overwhelmingly chose the Remembrance Poppy which is the preferred design recommended to the Park and Recreation Commission. The Parks and Recreation Commission agreed with this recommendation. City Council expressed unanimous support and approval for the design at its November 20, 2020, City Council Meeting. At its May 17, 2021, meeting the City Council appropriated $50,000 for construction of the memorial and approved the Fallen Heroes Recognition Policy. The design consists of seven vertical stainless-steel columns, each containing a segment of the poppy that, when viewed from a certain angle, will unite to form a single image. Each column will represent a branch of the military (and the San Mateo Police and Fire Departments) with engraved names of those who died in service. A concrete band will be embedded into the linear pavers with the specific unit’s motto etched in the concrete. Flush mounted uplighting will illuminate the names. Site furnishings will include items such as benches, monument signage and a donor recognition plaque. Brick pavers have been integrated into the design to serve as an opportunity for families to honor the service of a relative (who may not have died in the line of duty) as well as provide a means of fundraising.

The design development and construction drawings for the Fallen Heroes Memorial were prepared by the RRM Design 333 of 608

CITY OF SAN MATEO
Group. The drawings were reviewed and approved by the Community Development Department and permitted by the Building Division. The scope of the work involves installing precast concrete paving, installation of Artwork (provided under a separate contract and Vendor), monuments with bronze plaques, curvilinear seating, inground up-lighting, tree-mounted down-lighting, irrigation, and landscaping. The cost to fabricate the memorial Artwork including contingency is $103,400. A separate approval request will be presented to City Council shortly for the fabrication.

The construction drawings were used as the basis for development of a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC process is a competitive procurement method for construction services approved by the City Council by resolution on March 18, 2019, pursuant to San Mateo Municipal Code section 3.60.070(h)(3), which permits the use of procedures approved by the Council that are not set forth in the purchasing ordinance. Specifically, this process involves the development of a detailed project list, establishment of a firm price using a unit price book, and the selection of a pre-qualified construction contractor upon the City’s authorization to proceed.

In this case, a multi-step process was used to select Staples Construction Company, Inc. to perform the work, subject to Council approval. First, Sourcewell (formerly known as the National Joint Powers Alliance or NJPA) conducted a competitive proposal process to select The Gordian Group, Inc. (Gordian) to implement JOC on behalf of Sourcewell member agencies. Second, Gordian competitively bids and administers the JOC process with the use of Gordian’s unit price book that will provide the best price to the City. This allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications and eliminating solicitation of bids through a project-specific competitive bidding process. Here, Gordian used the JOC process to select Staples Construction Company, Inc., the low bidder and pre-qualified contractor selected to construct the improvement project. With contract approval, the procurement of materials will begin in December 2023, with construction in the winter of 2023 and completion by the spring of 2024. Based on the above, staff recommends award of the contract to Staples Construction Company, Inc. because of their experience and availability to perform these construction services.

BUDGET IMPACT:

There is sufficient funding available for the Fallen Heroes Memorial Site Work Project (610027) for the construction contract and contingency. The project is funded by $303,836.81 in donations raised by the City of San Mateo Parks & Recreation Foundation, a $50,000 donation from the City, a pledge of $25,000 from the County of San Mateo, and $103,400 from the City “Art in Public Places Fund” as noted above.

ENVIRONMENTAL DETERMINATION:

The Fallen Heroes Memorial sitework is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.) The Fallen Heroes Memorial sitework is also categorically exempt from CEQA because it consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (CEQA Guidelines Section 15303.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Construction Contract
Att 3 - Contractor’s Proposal
334 of 608

CITY OF SAN MATEO

STAFF CONTACT
Nicholas Tsiorvas, Business Manager
[email protected]
(650) 522-7408
335 of 608

CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO STAPLES CONSTRUCTION COMPANY, INC. FOR FALLEN HEROES MEMORIAL SITEWORK AT CENTRAL PARK WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, Sourcewell (formerly known as NJPA) has conducted competitive bidding processes to select Gordian, Inc. (Gordian) to implement Job Order Contracting on behalf of their member agencies, including the City; and
WHEREAS, the Job Order Contracting process allows for an umbrella construction contract to cover various and separate job orders during the life of the contract, and is beneficial for renovation, remodeling, or alterations where many small project tasks will arise, but the timing, type, and quantity of work are unknown; and
WHEREAS, Sourcewell and Gordian have conducted competitive bidding to select contractors to perform Job Order Contracting based on Gordian’s Unit Price Book; and WHEREAS, unit price books provide fixed unit prices used for establishing budgets for contractor services at member agencies; and
WHEREAS, use of Gordian’s Unit Price Book and contract provides a competitive price to the City and allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications or solicit bids for each minor project task; and WHEREAS, the City approved the Job Order Contracting as a competitive procurement method for construction services by resolution on March 18, 2019 upon findings that the Job Order Contracting process with Gordian is in the best interests of the City; and
WHEREAS, the Fallen Heroes Memorial Sitework Project at Central Park is designed and documented to be priced using Gordian’s Unit Price Book; and
WHEREAS, Staples Construction Company, Inc., was selected based on their experience and availability to perform construction services using the Gordian’s Unit Price Book; and WHEREAS, based on these circumstances, staff has determined that this is the best price available because companies have submitted competitive bids.
336 of 608

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

1. The Fallen Heroes Memorial sitework is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.) The Fallen Heroes Memorial sitework is also categorically exempt from CEQA because it consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (CEQA Guidelines Section 15303.)

2. The Job Order Contracting process, as approved by City Council on March 18, 2019, utilizing Gordian’s contract and Unit Price Book to award a construction contract to Staples Construction Company, Inc. is in the best interest of the City because it offers the best price to the City and allows the City to complete the Fallen Heroes Memorial Sitework Project at Central Park efficiently by eliminating the need to develop project specifications for a project-specific competitive bidding process.

3. The Parks and Recreation is authorized to execute a contract with Staples Construction Company Inc. for the Fallen Heroes Memorial sitework at Central Park, for $241,751.68 with an authorized contingency of $24,175.00, in substantially the form presented.
337 of 608
ATTACHMENT 2

CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Staples Construction Company, Inc.
1501 Eastman Avenue
Ventura, California, 93003
Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

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

The Project is generally described as follows:

1. Fallen Heroes Memorial at Central Park Site Work which includes but not limited to Site fencing; Tree protection; Site grading; Concrete footings; Concrete paving; Precast paving; Existing pavement repair; Site electrical & lighting; Plaques, Memorial & Site furniture installation; 3rd party inspection; Clean-up and closeout.

2. The Site of the Work includes designated work areas described in greater detail in the Contract Documents but generally located at 50 E. 5th Avenue, San Mateo, CA 94401.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

1. Architect:
a. RRM Design Group, 325 Davis Street, San Leandro, CA 94577

2. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean 338 of 608
This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

Page 2 of 27 ends

San Mateo City CouncilNovember 20, 2023

San Mateo City Council
November 20, 2023