San Mateo City Council
February 20, 2024

CITY OF SAN MATEO
City Council Regular Meeting
February 20, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

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

AGENDA
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February 20, 2024
To join via telephone: (408) 638-0968
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The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

CALL TO ORDER
Pledge of Allegiance
Roll Call
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. Black History Month – Proclamation

2. Boys & Girls Clubs of the Peninsula - Presentation

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

3. Animal Control Amendments – Ordinance Adoption
Adopt an Ordinance to amend San Mateo Municipal Code Chapter 8.02 "Animal Control" to provide clarity in definitions and streamline processes.

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

4. Juneteenth Annual Holiday Designation for City Employees – Approval Adopt a Resolution to designate Juneteenth as an annual holiday for City Employees.

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

5. Marina Library Structural Improvements Project – Amendment Approve Amendment No. 2 with Siegel & Strain Architects for design professional services for the Marina Library Structural Improvements Project in an amount not to exceed $265,434 for a new total agreement amount of $362,114; establish a contingency reserve of $36,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

CEQA: Approval of Amendment No. 2 is not a project subject to CEQA, because work associated with the Marina Library Structural Improvements Project is categorically exempt as an “existing facility,” in that 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.)

6. Citywide On-Call Heating, Ventilation, and Air Conditioning Repair Services – Amendment Approve Amendment No. 1 with Bayside Heating & Air Conditioning, Inc. DBA CP Mechanical for Citywide On-Call Heating, Ventilation, and Air Conditioning Repair Services increasing the Agreement amount by $70,000, for a revised total not to exceed amount of $169,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.

CEQA: This Amendment 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.)

7. 2nd & El Camino Garage Improvements – Professional Services Agreement Approve an agreement to ZFA Structural Engineers for professional engineering services in the amount of $139,287.50; establish a contingency reserve in the amount of $21,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

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

8. 2nd and El Camino Garage and Central Garage Elevator Modernization - Budget Appropriation and Construction Contract
Adopt a Resolution authorizing a budget appropriation from the Downtown Parking Improvements Project to the Elevator Modernization Project in an amount of $645,000; approve a construction contract with On Point Construction for construction to improve the elevator controls at the 2nd and El Camino Parking Garage and Central Parking Garage in the amount of $830,000; establish a contingency reserve in the amount of $166,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

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

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former use. (CEQA Guidelines Section 15301.)

9. Usage of San Mateo County Sheriff's Office Coyote Point Police Training Center and Firing Range Facilities – Agreement
Approve an agreement with the County of San Mateo for use of the Coyote Point training center and firing range facilities through June 30, 2025 in an amount not to exceed $20,000; and authorize the Chief of Police or his designee to execute the agreement in substantially the form presented.

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

10. Permanent Local Housing Allocation (PLHA) Supportive Housing Loan – Agreement Adopt a Resolution to approve a loan to the St. James Community Development Corporation for predevelopment and development costs for a new supportive housing project in the amount of $377,212 and authorize the City Manager to execute the agreement in substantially the form presented.

CEQA: Awarding this loan and executing the associated agreement will not constitute a planning entitlement or a building permit approval for the construction of the project. This agreement is only to award the applicant the necessary funds to ensure the project’s fiscal feasibility. This agreement award 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)). Environmental review for the demolition and reconstruction of the site will occur at a later time.

11. San Mateo County Vehicle Theft Task Force – Agreement Approve the Agreement between the City of San Mateo and the San Mateo County Vehicle Theft Task Force for the assignment of one police officer through June 30, 2025, and authorize the Chief of Police to execute the no- cost agreement in substantially the form presented.

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

12. Network Hardware Replacement – Purchase
Adopt a Resolution to approve an alternative purchasing procedure and approve a Master Purchasing Agreement with CDW Government, LLC (CDW-G) for the purchase of network switches in the amount of $328,484.49; and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

CEQA: This Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility the purchase of network equipment may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

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

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

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

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

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the decision is made.

13. Appeal of a Planning Commission Approval of a New Five-Story Mixed-Use Building at 477 9th Avenue (PA-2022- 047)
Adopt a Resolution to deny the appeal and uphold the Planning Commission's decision to approve the Special Use Permit (SUP), Site Plan and Architectural Review (SPAR) and Site Development Planning Application (SDPA) for a new five-story mixed-use building with office uses and 120 residential units at 477 9th Avenue, based on the Findings and subject to the Conditions of Approval, and find that the project is Categorically Exempt from the California Environmental Quality Act pursuant to Section 15332 (In-Fill Development Projects).

CEQA:In accordance with the California Environmental Quality Act (CEQA), the project meets the criteria to be Categorically Exempt from further environmental review pursuant to Section 15332 (Class 32 - In-Fill Development Projects).

NEW BUSINESS

14. 2023-24 Mid-Year Budget Update
Receive the 2023-24 Mid-Year Budget Update.

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

OLD BUSINESS

15. Wet Weather Preparations – Update
Receive an update on the City’s wet weather preparations and storm response activities.

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

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

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

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

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PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting

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ACCESSIBILITY:

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8463 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 20, 2024
SUBJECT:

Animal Control Amendments – Ordinance Adoption
RECOMMENDATION:

Adopt an Ordinance to amend San Mateo Municipal Code Chapter 8.02 "Animal Control" to provide clarity in definitions and streamline processes.

BACKGROUND:

On February 5, 2024, the City Council introduced the attached proposed ordinance (Attachment 1) to amend San Mateo Municipal Code Chapter 8.02 "Animal Control." The City of San Mateo has authorized personnel from the County of San Mateo to administer and enforce Chapter 8.02 on behalf of the City. The San Mateo County Board of Supervisors recently adopted an ordinance to amend the San Mateo County Code related to Animal Control. The City of San Mateo wishes to continue to partner with the County to provide animal control services and wishes to maintain an animal control ordinance which is substantially the same as the County’s ordinance. The proposed amendments to Chapter 8.02 will provide clarity in definitions, streamline processes, improve enforceability, and above all else, provide enhanced public safety. If adopted, this ordinance will become effective 30 days after its adoption.

BUDGET IMPACT:

There is no budget impact associated with this ordinance adoption.

ENVIRONMENTAL DETERMINATION:

This ordinance adoption 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 Ordinance

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

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CITY OF SAN MATEO

DRAFT ORDINANCE
Amending Chapter 8.02 “Animal Control” of the San Mateo Municipal Code WHEREAS, the City of San Mateo has authorized personnel from the County of San Mateo to administer and enforce Municipal Code Chapter 8.02 “Animal Control” on behalf of the City; and WHEREAS, the San Mateo County Board of Supervisors recently adopted an ordinance to amend the San Mateo County Code related to Animal Control; and
WHEREAS, the City of San Mateo wishes to continue to partner with the County to provide animal control services and wishes to maintain an animal control ordinance which is substantially the same as the County’s ordinance; and
WHEREAS, the proposed amendments to Chapter 8.02 will provide clarity in definitions, streamline processes, improve enforceability, and above all else, provide enhanced public safety.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 8.02.002 of the San Mateo Municipal Code is amended as follows:

8.02.002 ADOPTION OF SAN MATEO COUNTY'S "ANIMAL CONTROL" ORDINANCE.

Sections 6.04.010 through 6.04.370 of the San Mateo County Ordinance Code (Animal Control Ordinance), as they were in existence or adopted by the County as of January 9, 2024, are referred to, adopted and made applicable within the City and made a part of this Code, except as specifically otherwise provided in this chapter. Amendments thereto shall be adopted by the City in accordance with procedures for adoption of amendments to ordinances.

Section 2. Section 8.02.004 of the San Mateo Municipal Code is amended as follows:

8.02.004 ANIMAL CONTROL OFFICERS—APPOINTMENT OF—ENFORCEMENT POWERS.

The Animal Control Officers of the Peninsula Humane Society, a private nonprofit corporation with whom the County contracts for enforcement of its "Animal Control" ordinance, are appointed Animal Control Officers of the City and are authorized and directed to enforce in the City:
(a) The provisions of this chapter adopted under Section 8.02.002 hereof. (b) The other provisions of this title.

Section 3. Section 8.02.006 of the San Mateo Municipal Code is amended as follows:

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8.02.006 VIOLATIONS.

It is unlawful to commit any act declared by any provision of this chapter to be unlawful, to violate this chapter, or to fail to comply with the mandatory requirements of this chapter.

Section 4. Section 8.02.010 of the San Mateo Municipal Code is amended as follows:

8.02.010 DEFINITIONS (County Code § 6.04.010).
(a) "Animal Control Officer" means any Person designated as the Animal Control Program Manager for the County, as well as the head of the County’s animal control contractor and their duly authorized officers or deputies. In the event the County has no animal control contractor to provide Animal Control Officers, or in cases of emergency in which additional animal control officers are needed, “Animal Control Officer(s)” may include Persons so designated by the Animal Control Program Manager. (b) "Animal Control Program" means that program established by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program includes the Licensing Program.
(c) “Animal Control Program Manager” means that Person employed by the County to oversee the Animal Control Program or designee.
(d) "Animal Control Shelter" means a County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.
(e) “Caretaker” means any Person 18 years of age or older, who has assumed responsibility for the care, custody, or control of an animal(s).
(f) “County” means the County of San Mateo.
(g) “Dangerous Animal” means any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to Persons or animals, and/or demonstrates any of the following behavior(s):
(1) Behavior that results in bodily harm that is less serious than a “Severe Injury,” or constitutes a substantial threat of bodily harm to a Person; or
(2) An attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.

An animal which has been declared by an out of this County jurisdiction as “potentially dangerous,” “dangerous,” “vicious,” or any other similar designation, may be deemed a Dangerous or Vicious Animal for the purposes of this Chapter, as determined by an Animal Control Officer.

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(h) “Health Officer” means that Person so designated by the County. (i) “Humane Officer” means any Person who is qualified to and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County to provide animal control services.
(j) "Licensing Program" means that program within the County Health Department, including by not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County. (k) "Owner" means any Person 18 years of age or over who:
(1) holds the license to the animal; or
(2) if the animal is not licensed, is legally entitled to possession of the animal; or (3) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
(l) “Person” means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof. (m) “Severe Injury” means any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery.
(n) “Service Animal” means any animal defined as such by federal or state law. (o) "Vicious Animal" means any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(1) Any animal, at the time of the attack, is already designated as a Dangerous Animal and/or is the subject of a Dangerous Animal permit, and which is found to have engaged in any of the following:
(A) Behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a Person; or
(B) An attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received.
(2) Any animal that inflicts Severe Injury to or kills a Person. (3) Any animal which cannot be safely maintained with a Dangerous Animal permit. .

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(4) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of a Vicious Animal under this Chapter, as determined by an Animal Control Officer.

Section 5. Section 8.02.020 of the San Mateo Municipal Code is amended as follows:

8.02.020 ANIMAL CONTROL PROGRAM (County Code § 6.04.020). (a) RESPONSIBILITY. The Animal Control Program is responsible for the enforcement of this ordinance, and the duties of the Animal Control Program shall include, but not be limited to, the following:
(1) Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this Chapter and related state laws, to the extent authorized by law. (3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter. (5) Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal. (6) Impound animals that are causing a threat to public safety. (7) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter. (8) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans.
(9) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance with the law. (11) Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law. (12) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690.

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(13) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits. (14) Provide for issuance of an animal license for a period not to exceed the term of the anti- rabies vaccination, as provided by state law.
(15) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter. (b) Animal Control Officers qualified under Penal Code section 830.9, who are either employees of the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws.

Animal Control Officers shall have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832 training. (c) Those employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as Humane Officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws. (d) The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.

Section 6. Section 8.02.030 of the San Mateo Municipal Code is amended as follows:

8.02.030 RABIES VACCINATIONS (County Code § 6.04.030).
(a) Every dog or cat owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or veterinarian to the Licensing Program or the County’s animal control contractor.
(b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or animal licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours. (c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.

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Section 7. Section 8.02.040 of the San Mateo Municipal Code is amended as follows:

8.02.040 DOG AND CAT LICENSES (County Code § 6.04.040). (a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of three (3) months owned or kept in the City. Said annual license fee shall be first due when the animal reaches three (3) months of age or within 60 calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter. (2) New residents shall have sixty (60) calendar days in which to acquire such license. (3) Persons renewing their license shall have thirty (30) days following their due date before being found delinquent and assessed a late penalty.
(4) The fee for such license shall be as set forth in Section 8.02.350. The fee paid for the licensing of altered dogs or cats shall be less than said license fee for unaltered dogs or cats upon presentation of the proper certification. The license fee paid by Persons over the age of 60 shall be at a discount. (5) An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 8.02.350.
(6) Any Person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section 8.02.350 or may receive an administrative citation. (7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as a Service Animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement.
(8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements. (b) The licensing provisions in this ordinance are not applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to Section 1666 of the Health and Safety Code. (2) Dogs or cats used for teaching purposes in recognized educational institutions. (3) Dogs or cats owned by veterinarians which are licensed by the State and kept on the premises used by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:

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(1) The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such Person upon payment for such license as provided by this Chapter. (2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee.
(3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times.
(4) When an animal has been designated as a Service Animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 8.02.030 (a). Said tag will replace a regular dog license.
(5) The Owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given away and shall forward such information to Animal Control services within thirty (30) calendar days thereafter. An Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.

Section 8. Section 8.02.045 of the San Mateo Municipal Code is repealed.

Section 9. Section 8.02.050 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.050 PUBLIC PROTECTION FROM DOGS (County Code § 6.04.050). (a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any Person unless necessary to protect the physical safety of a Person. (b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the Owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a Person unless such action is necessary to protect the physical safety of a Person. (d) No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into the County unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the County.

Section 10. Section 8.02.060 of the San Mateo Municipal Code is amended as follows:

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8.02.060 PROHIBITED CONDUCT (County Code § 6.04.060).

No Owner or other Person having care, custody or control of any animal shall cause or permit it to do any of the following:
(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless:
(1) the animal is properly licensed, if such licensing is necessary hereunder, and (2) the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This latter requirement is not applicable to cats, or to Service Animals under the complete control of the Owner or Caretaker.

An electric or invisible fence does not constitute an enclosure for the purpose of this requirement. (b) To trespass upon any private property without the consent of the Owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon. (c) To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance.
(d) To be without proper and adequate food, water, shelter, care, and attention. (e) No Person shall possess within the County any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Program Manager for the animal’s presence or residence in the County. A failure to receive prior permission is in itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal.
(f) Subsection (a)(2) of this section shall not be applicable to cats.

Section 11. Section 8.02.070 of the San Mateo Municipal Code is amended as follows:

8.02.070 PROTECTION OF ANIMALS IN MOTOR VEHICLES (County Code § 6.04.070). (a) No Person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal. (b) An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not

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limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other Person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping. (d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal
(e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.

Section 12. Section 8.02.080 of the San Mateo Municipal Code is amended as follows:

8.02.080 RELEASE FROM CONFINEMENT (County Code § 6.04.080).

No Person other than the Owner, or Person authorized by the Owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.

Section 13. Section 8.02.090 of the San Mateo Municipal Code is amended as follows:

8.02.090 DECLARATION OF DANGEROUS ANIMAL (County Code § 6.04.090). (a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter without obtaining a Dangerous Animal permit from the Animal Control Officer.

The animal Owner shall comply with all conditions of the Dangerous Animal permit including, but not limited to, all requirements of section 8.02.100. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, peace officer, or a County animal control contractor agency for appropriate disposition, which may include humane euthanasia. (b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal permits held by the alleged attacking animal’s Owner(s). (3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.

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(c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer, may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack or molestation:
(A) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;
(B) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal in the presence of the animal;
(C) threatened or committed an unjustified attack or assault against the Owner, Caretaker or other Person in control of the animal in the presence of the animal. (2) Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the Owner or Person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (d) The unwillingess of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation. (e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and determined that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 8.02.260.
(g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 8.02.150 of this Chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal designation will be final, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notification that the animal has been declared Dangerous. (2) If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer.

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(3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County representative. If not already impounded, the animal will be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment.
(h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision given pursuant to section 8.02.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in section 8.02.150 of this Chapter. (i) No animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker without prior written approval of the Animal Control Program Manager. Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation.
(j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County, the Owner of such animal must obtain and comply with a Dangerous Animal permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County until the Dangerous Animal permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit. (k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section 8.02.350 of this Chapter. Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia. (l) A Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Program Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.

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(2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.

If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 8.02.150 of this Chapter.

Section 14. Section 8.02.100 of the San Mateo Municipal Code is amended as follows:

8.02.100 DANGEROUS ANIMAL PERMIT REQUIREMENTS (County Code § 6.04.100). (a) Any Owner of a Dangerous Animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a Person of such age, size, and strength as can easily control such animal.

Extraordinary care shall be taken by the Owner and/or Caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other Persons or animals. (2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked. (3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement.
(4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter Person, or other Person who has the lawful right to enter the property. (5) Ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the fenced yard, kennel, run or enclosure. (6) Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out.
(7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained. (8) Pay permit and property inspection fees as set forth in section 8.02.350 within (10) ten calendar days of the permit issuance or renewal.
(9) Obtain and post approved sign(s) from the Animal Control Program after payment of a non- refundable fee as set forth in Section 8.02.350 of this Chapter. Sign(s) shall be conspicuously posted in a

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manner visible to the public at all entrances to the property where the animal is kept, warning Persons of the presence of a Dangerous Animal as directed by the Animal Control Officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.
(10) Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal. (11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as defined in Section

8.02.040.
(12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous Animal permit was issued, unless this period is extended by the Animal Control Program Manager or City representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-five (45) days, the Owner shall also present written proof to the Animal Control Officer that the surgery was performed. In the event an animal cannot be safely altered, due to a medical reason, the Owner shall present the Animal Control Program Manager and Animal Control Officer with a written request from a California licensed veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed Veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.
(14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for verification upon request. (15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure. (16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in the permit being revoked unless a payment plan has been approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter. (18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.

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(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation. Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate. (2) Provide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Animal Control Program Manager within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the Dangerous designation. (3) Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals. (c) No more than two Dangerous Animals may be kept by any Person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction.

Section 15. Section 8.02.105 of the San Mateo Municipal Code is repealed.

Section 16. Section 8.02.110 of the San Mateo Municipal Code is amended as follows:

8.02.110 REVOCATION OR MODIFICATION OF DANGEROUS ANIMAL PERMIT (County Code § 6.04.110). (a) Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The Dangerous Animal Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
(2) The Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any Dangerous Animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer. (3) The Owner or any Person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 8.02.090.

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(4) The Owner or any Person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 8.02.090.
(5) The Owner or any Person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the Dangerous Animal permit. (b) In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.
(c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 8.02.150 of this chapter.

The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.

Any party to the hearing has the right to appeal the administrative hearing decision to the San Mateo County Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a Dangerous Animal permit are made, the Owner shall immediately comply with such modified permit requirements.
(e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County to another jurisdiction with written approval from that jurisdiction.

Section 17. Section 8.02.115 of the San Mateo Municipal Code is repealed.

Section 18. Section 8.02.120 of the San Mateo Municipal Code is amended as follows:

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8.02.120 POSSESSION OF ANIMALS AFTER REVOCATION OF DANGEROUS ANIMAL PERMIT (County Code §

6.04.120).

No Person who has been determined to be in possession of or an Owner of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.

Section 19. Section 8.02.130 of the San Mateo Municipal Code is amended as follows:

8.02.130 DECLARATION OF VICIOUS ANIMALS (County Code § 6.04.130). (a) No Person shall keep, have, maintain, sell, trade or let for hire an animal which has been designated as Vicious under the provisions of this chapter.
(b) If an Animal Control Officer and/or Peace Officer has investigated and determined that an animal is Vicious, the Animal Control Officer or Peace Officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section 8.04.260 subdivision (a) of this Chapter. An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in Section 8.02.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing. (c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors.
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack, or molestation:
(A) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged behavior,
(B) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal; and/or,
(C) threatened or committed an unjustified attack or assault against the Owner, Caretaker, or other Person in control of the charged animal.

The failure of the Owner or other Person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit considering the nature of the attack and cooperativeness and abilities of the Owner.

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(d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable Dangerous Animal permit requirements or this Chapter; (2) the attacking animal’s history of attacks, bites or threatening behavior; (3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and (4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 8.02.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious.
(f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. (g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation. (h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 8.02.260, a written request to the Animal Control Officer for an administrative hearing and paying the required fee as set forth in Section 8.02.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section 8.04.150 of this Chapter.

Section 20. Section 8.02.140 of the San Mateo Municipal Code is amended as follows:

8.02.140 PROVIDING FALSE INFORMATION (County Code § 6.04.140) It shall be unlawful for a Person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, peace officer, Animal

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Control Program Manager, and/or hearing officer regarding animal ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.

Section 21. Section 8.02.150 of the San Mateo Municipal Code is amended as follows:

8.02.150 ADMINISTRATIVE HEARING PROCEDURES (County Code § 6.04.150). (a) Administrative hearings held under this chapter shall be conducted by a hearing officer or designated representative appointed by the Director or any designee of the County Health Department. The City contracts with the County for animal control services and may elect to utilize the services of any the County designated hearing officer to conduct hearings on behalf of the City pursuant to this Chapter. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance. (b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Program Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Program Manager or designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog.
(c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses.

The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable Persons are accustomed to rely on in the conduct of serious affairs. The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing. The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Program Manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive Persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing. (e) The Hearing Officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing.
(f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The Animal Control Program Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer.

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(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 8.02.120 of this Chapter. A hearing officer may impose additional permit requirements as set forth in this Chapter.
(h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia. (i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing. A determination by the hearing officer that the animal is not Dangerous or Vicious shall constitute good cause. (j) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Sections 1094.5 and 1094.6. (k) The procedures and/or definitions pertaining to potentially Dangerous and Vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within the County, as provided in the San Mateo County Ordinance Code. As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of Dangerous and Vicious dogs as contained in this Chapter.

Section 22. Section 8.02.160 of the San Mateo Municipal Code is amended as follows:

8.02.160 ANIMALS TO BE IMPOUNDED (County Code § 6.04.160). (a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local law. The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter. (b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter. (c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment.

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(d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the Animal Control Program. The Animal Control Program shall issue to the Owner or Person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid.
(e) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the Person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.

Section 23. Section 8.02.170 of the San Mateo Municipal Code is amended as follows:

8.02.170 STRAY ANIMALS (County Code § 6.04.170).

Any Person who finds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.

Section 24. Section 8.02.180 of the San Mateo Municipal Code is amended as follows:

8.02.180 EPIDEMICS (County Code § 6.04.180)
The County Health Officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the County. Upon the making of such a declaration, the Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the County. Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of the Animal Control Officers to assist the Health Officer in carrying out such rules and regulations.

Section 25. Section 8.02.190 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.190 BITE REPORTING REQUIREMENTS (County Code § 6.04.190). (a) Any Owner or other Person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the Person bitten or the Owner of the animal bitten. If the Person bitten is a minor, the Owner or Person in control of the biting animal shall provide the required information to the parent or guardian of the minor.
(b) In addition to the above requirements, it shall be the duty of any Person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as

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much information as possible, including date, time and location of bite, description of animal or Person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.

Section 26. Section 8.02.200 of the San Mateo Municipal Code is amended as follows:

8.02.200 ADMINISTRATIVE CITATIONS (County Code § 6.04.200). (a) Should an Animal Control Officer, Humane Officer or peace officer determine that a Person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section 8.02.260, to the Person violating the Chapter. (b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred. (4) The section, subsection, and/or provision of this Chapter violated by the Person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:
(A) The amount of the administrative fine charged and to be paid by the Person cited as a result of the violation; or
(B) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed. (9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so.
(10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.

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(c) An administrative citation may be any format, including letter, which conveys the information set forth above.

Section 27. Section 8.02.210 of the San Mateo Municipal Code is amended as follows:

8.02.210 APPEAL OF ADMINISTRATIVE CITATION (County Code § 6.04.210). (a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected. (b) The appeal shall contain the following provided by the Person appealing the citation:
(1) The name, mailing address, and telephone number of the party requesting the appeal; (2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 8.02.150 as applicable. The Animal Control Program shall notify the Person requesting the appeal hearing of the time and place set for the hearing pursuant to section 8.02.260.

Section 28. Section 8.02.220 of the San Mateo Municipal Code is amended as follows:

8.02.220 PAYMENT OF ADMINISTRATIVE FINES (County Code § 6.04.220). (a) In the absence of an appeal by the recipient of the administrative citation, the Person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient. (b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.

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(c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 8.02.230, which will be collected by the Animal Control Program Manager.

Section 29. Section 8.02.230 of the San Mateo Municipal Code is amended as follows:

8.02.230 AMOUNT OF ADMINISTRATIVE FINES (County Code § 6.04.230). (a) Any Person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same violation within a one-year period.

Section 30. Section 8.02.240 of the San Mateo Municipal Code is amended as follows:

8.02.240 MISDEMEANOR VIOLATIONS (County Code § 6.04.240). (a) A Person violating any provision of this chapter shall be guilty of an infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 8.02.050, subsection (a) of section 8.02.090 or subsection (a) of section 8.04.130 of this chapter shall be guilty of a misdemeanor. (c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.

Section 31. Section 8.02.250 of the San Mateo Municipal Code is amended as follows:

8.02.250 VIOLATION OF CHAPTER A PUBLIC NUISANCE; REMEDIES CUMULATIVE (County Code § 6.04.250). (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law.
(b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter.
(c) Each day a violation continues shall constitute a separate violation.

Section 32. Section 8.02.260 of the San Mateo Municipal Code is amended as follows:

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8.02.260 SERVICE OF DOCUMENTS AND NOTICES (County Code § 6.04.260). (a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the Person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such Person to be notified or served at their last- known business or residence address or as the same appears in the last equalized County assessment roll.

Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the Person to be served, notices or documents may be served electronically at the address provided by the Person to be served, to be effective upon being sent.
(b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.

Section 33. Section 8.02.270 of the San Mateo Municipal Code is amended as follows:

8.02.270 FIELD RETURN FEE (County Code § 6.04.270).

A fee shall be charged for any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or Person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or Person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 8.02.350.

Section 34. Section 8.02.280 of the San Mateo Municipal Code is amended as follows:

8.02.280 REDEMPTION AND SPAY/NEUTER FEE (County Code § 6.04.860). (a) Upon redemption of any impounded unaltered animal, the Person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the impound fees imposed under Section 8.02.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption. (b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/Caretaker or Person responsible for the care, custody, or control of said animal prior to redemption. At the option of the Owner/Caretaker or Person responsible for the care, custody or control of said animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days.
(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 8.02.150 of this Chapter.

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(d) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the Person bringing the animal to the shelter agrees that the Person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.

Section 35. Section 8.02.290 of the San Mateo Municipal Code is amended as follows:

8.02.290 QUARANTINE FEE (County Code § 6.04.290).

A quarantine fee, as set forth in Section 8.02.350, shall be paid by the Owner or Caretaker of any animal involved, or potentially involved in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 8.02.350 of this Chapter to recover costs incurred by the Animal Control Program for sheltering and caring for the quarantined animal.

Section 36. Section 8.02.300 of the San Mateo Municipal Code is repealed.

Section 37. Section 8.02.310 of the San Mateo Municipal Code is repealed.

Section 38. Section 8.02.320 of the San Mateo Municipal Code is repealed.

Section 39. Section 8.02.330 of the San Mateo Municipal Code is repealed.

Section 40. Section 8.02.350 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.350 SCHEDULE OF FEES AND CHARGES (County Code § 6.04.350).

Animal Control Program fees and charges established by this Code shall be as adopted and from time to time amended by the County and set forth in Section 6.04.350 of the County Code.

Section 41. Section 8.02.360 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

Section 42. Section 8.02.370 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.370 SEVERABILITY (County Code § 6.04.370).

If any section, subsection, sentence, clause, phrase or word of this Chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, clause, phrase or word of this Chapter.

Section 43. Section 8.02.400 of the San Mateo Municipal Code is repealed.

Section 44. Section 8.02.420 of the San Mateo Municipal Code is repealed.

Section 45. Section 8.02.430 of the San Mateo Municipal Code is repealed.

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Section 46. Section 8.02.440 of the San Mateo Municipal Code is repealed.

Section 47. Section 8.02.450 of the San Mateo Municipal Code is repealed.

Section 48. Section 8.02.460 of the San Mateo Municipal Code is repealed.

Section 49. Section 8.02.470 of the San Mateo Municipal Code is repealed.

Section 50. Section 8.02.480 of the San Mateo Municipal Code is repealed.

Section 51. Section 8.02.490 of the San Mateo Municipal Code is repealed.

Section 52. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 21065, this action is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment.

Section 53. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 54. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-2312 File ID: 24-8435 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: February 20, 2024
SUBJECT:

Juneteenth Annual Holiday Designation for City Employees – Approval RECOMMENDATION:

Adopt a Resolution to designate Juneteenth as an annual holiday for City Employees.

BACKGROUND:

Juneteenth, also known as "Juneteenth Independence Day," "Emancipation Day," "Emancipation Celebration," and "Freedom Day," is the oldest nationally celebrated commemoration of the ending of slavery in the United States.

June 19, 1865, is considered the date when the last enslaved Black people in America were freed, almost two and one-half years after President Lincoln issued the Emancipation Proclamation and six months after Congress passed the Thirteenth Amendment to the United States Constitution, abolishing slavery throughout the United States and its territories.

Juneteenth is a day to acknowledge the suffering caused by slavery and to acknowledge the evils of slavery and its aftermath.

Juneteenth represents the ways in which the freedom of Black people has been delayed and that freedom and racial equality have always been a hard-fought battle for Black Americans, a battle that continues to this day.

The State of California recognizes the third Saturday in June of each year as Juneteenth National Freedom Day.

Juneteenth offers us the opportunity to celebrate the many accomplishments and contributions of African-American people throughout our nation's history.

Juneteenth also provides us with the opportunity to learn about, teach, and reflect on the complex history of the United States, including the fact that not all Americans celebrated their independence on July 4th, 1776.

The United States continues to struggle to meet the promise of liberty and justice for all, especially for members of our Black communities.

Adoption of this resolution will designate June 19th as the Juneteenth holiday for City employees.

BUDGET IMPACT:

The fiscal impact can be absorbed by the current budget. Any increase to the holiday-in-lieu payments will be effective the first full pay period following Council adoption.

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ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Yumi Maeda, Sr. HR Analyst
[email protected]
650.522.7279

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
RECOGNIZING JUNE 19TH AS A CITY OF SAN MATEO HOLIDAY
WHEREAS, Juneteenth, also known as "Juneteenth Independence Day," "Emancipation Day," "Emancipation Celebration," and "Freedom Day," is the oldest nationally celebrated commemoration of the ending of slavery in the United States; and
WHEREAS, June 19, 1865, is considered the date when the last enslaved Black people in America were freed, almost two and one-half years after President Lincoln issued the Emancipation Proclamation and six months after Congress passed the Thirteenth Amendment to the United States Constitution, abolishing slavery throughout the United States and its territories; and WHEREAS, Juneteenth is a day to acknowledge the suffering caused by slavery and to acknowledge the evils of slavery and its aftermath; and WHEREAS, Juneteenth represents the ways in which the freedom of Black people has been delayed and that freedom and racial equality have always been a hard-fought battle for Black Americans, a battle that continues to this day; and
WHEREAS, the State of California recognizes the third Saturday in June of each year as Juneteenth National Freedom Day; and
WHEREAS, Juneteenth offers us the opportunity to celebrate the many accomplishments and contributions of African-American people throughout our nation's history; and WHEREAS, Juneteenth also provides us with the opportunity to learn about, teach, and reflect on the complex history of the United States, including the fact that not all Americans celebrated their independence on July 4th, 1776; and
WHEREAS, the United States continues to struggle to meet the promise of liberty and justice for all, especially for members of our Black communities.

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

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

2. It will recognize June 19th, Juneteenth as a City holiday.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-6600 File ID: 24-8341 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 20, 2024
SUBJECT:

Marina Library Structural Improvements Project – Amendment RECOMMENDATION:

Approve Amendment No. 2 with Siegel & Strain Architects for design professional services for the Marina Library Structural Improvements Project in an amount not to exceed $265,434 for a new total agreement amount of $362,114; establish a contingency reserve of $36,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

BACKGROUND:

The Marina Branch Library is located at 1530 Susan Court and has served the community since 1966. Situated on the west embankment of Seal Slough, the building has experienced differential settlement and currently leans toward the waterway. As a result, the floor of the interior slopes up to 7% and has created an uncomfortable environment for both patrons and staff. Moreover, the slope of the floor exceeds current American with Disabilities Act (ADA) requirements.

Preliminary geotechnical and structural investigations indicate the differential settlement has occurred due to consolidation of the bay mud soils below the one-story library building.

City staff developed the Marina Library Structural Improvements Project (Project) to resolve the settlement issues with the installation of deep helical piles to underpin the existing foundation. The Project will also implement additional improvements to comply with ADA requirements including the replacement of existing ramps at the entrance to the library and interior spaces, re-grading of the parking lot, and site drainage improvements. Additional improvements (e.g. lighting, external/indoor painting, flooring, roof, HVAC equipment, fire sprinkler and alarm system, restrooms, etc.) will be evaluated during the design phase of the Project.

On July 27, 2023, staff executed an agreement with Siegel & Strain Architects (S&S) for design professional services in an amount not to exceed $45,000. Staff awarded this agreement in accordance with San Mateo Municipal Code Section

3.60.040(c), which allows award to professional services consultants through a negotiated process without competitive bidding. Staff determined that S&S was the best qualified for this Project due to their technical expertise, in-depth knowledge with municipal branch libraries, and design experience as the prime architect for libraries in neighboring jurisdictions.

On December 8, 2023, staff executed Amendment No. 1 for an amount not to exceed $51,680 to provide budget for S&S to include (1) an expanded alternatives analysis of spatial programming and functional area analysis of the Marina Library and (2) furthering of the structural foundation design/seismic retrofit design alternatives. The scope of work for S&S included all components required for pre-design, but does not include the scope of work required for the next phase of the Project. Proposed Amendment No. 2 expands the scope of services and budget for S&S by adding Task 6 to the scope of services to complete the Project’s next phase, which includes the conceptual design and construction bid documents for

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the structural foundation.

Staff reviewed and negotiated S&S’s proposal for work under Amendment No. 2 for a not-to-exceed amount of $265,434.

Staff believes the cost is reasonable for the scope of work and expertise required and recommends approving Amendment No. 2. Staff also recommends establishing a 10% contingency reserve to allow for scope modifications to address unknowns as the design proceeds. The existing term of the agreement is through December 31, 2025, unless amended.

The Project is currently in the final stages of pre-design and will then move into conceptual design. As the project moves toward construction, staff will provide a Project update to City Council.

BUDGET IMPACT:

Sufficient funds are available in the Marina Library Structural Improvements Project (665100) to fund this amendment and contingency reserve.

ENVIRONMENTAL DETERMINATION:

Approval of Amendment No. 2 is not a project subject to CEQA, because work associated with the Marina Library Structural Improvements Project is categorically exempt as an “existing facility,” in that it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Amendment No. 2

STAFF CONTACT
Karen Magallanes, Assistant Engineer
[email protected]
(650) 522-7576

Tina Pham, Acting Engineering Manager
[email protected]
(650) 522-7305

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AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND SIEGEL & STRAIN ARCHITECTS

FOR DESIGN PROFESSIONAL SERVICES

FOR MARINA LIBRARY IMPROVEMENTS
($45,000 [Original Amount], [$51,680] [Amendment 1], [$265,434] [Amendment 2]) WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Siegel & Strain Architects, a Corporation (“Consultant”), entered into an Agreement for Design Professional Services for Marina Library Improvements (“Agreement”) on July 27, 2023; and WHEREAS, on December 8, 2023, City and Consultant executed Amendment No. 1, which increased the scope of work and compensation in the amount of $51,680, for a total amount of $96,680; and
WHEREAS, City and Consultant wish to amend the Agreement to increase scope, as described in Exhibit A attached and incorporated by reference, and to increase compensation for the services in the amount of $265,434, for a total amount of $362,114.

NOW, THEREFORE, the parties agree as follows:

1. Section 5 - Payment of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee, based on a time and expenses reimbursement basis, in an amount of $362,114, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

Cost adjustment for the second and subsequent year’s annual fixed amounts will be made using annual indexes of the “Consumer Price Index for All Urban Consumers,” Bay Area City Average, all items (1967=100) as published in the Monthly Review by the U.S.

Department of Labor, (CPI). The annual increase in rates is not to exceed CPI or 3%, whichever is lower.”

2. The attached Exhibit A, noted in this Amendment No. 2, hereby replaces the existing Exhibit A in this Agreement in its entirety.

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

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IN WITNESS WHEREOF, CITY OF SAN MATEO and Siegel & Strain Architects executed this Amendment No. 2 on ______________________.

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

Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

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EXHIBIT A

SCOPE OF SERVICES
I. Task 1: Project Initiation, Project Management, and Coordination Consultant shall perform the following project management activities to assist the City in Phase 1 (Pre-design) of the Marina Library Improvements Project (Project). This may include but not be limited to:

1. Finalize scope, fees, contract, and invoicing procedures

2. Finalize project schedule

3. Document project goals including those for sustainability

4. Gather and review relevant documentation: geotechnical reports, contract documents from previous San Mateo Library projects, existing building documentation, CASp reports, surveys, drawings, etc.

5. 1-hour weekly PM meetings via Zoom.

6. Coordination with City Staff and the other Project team members, which includes the Project’s civil engineer, structural engineer, environmental consultant, constructability advisors, etc.

Task 1 Deliverables:
•Monthly Invoices and Progress Reports
II. Task 2: Building Condition Assessment

1. Walk building and site to evaluate condition of:
a. Existing building envelope and exterior finishes.
b. Mechanical, plumbing, and electrical systems.
c. Structural system components, including crawlspace
d. Interior finishes, furnishings, and equipment.
e. Accessibility compliance in reference to DAC’s 2020 report.

2. Interview current maintenance and operations staff regarding building and site conditions - schedule simultaneously with site walk.

3. Coordinate with specialists regarding viability of foundation stabilization approaches:
a. Walk site with City arborist to evaluate condition of existing trees relative to foundation work.
b. Coordinate with Geotechnical report update, including recommendations for drainage and foundations.
c. Coordinate with foundation contractor regarding constructability approach. d. Coordinate with BKF civil engineers on site drainage strategies. e. Coordinate with environmental consultant for environmental review process

4. Summarize architectural, interiors, MEP, and structural findings in memo format:
a. Summary of existing conditions and information gathered. b. Identify relevant codes, code deficiencies, and thresholds at which specific codes will be triggered.
c. Make initial recommendations for conceptual design solutions to be explored. d. Identify additional studies required, such as waterproofing.

5. Develop up to two (2) Structural Conceptual Design options for stabilizing the existing foundation, formatted as PDF mark-ups.

6. Support cost estimating efforts by the City for the preferred Structural Conceptual Design.

Task 2 Deliverables:
•Condition assessment memos including plan markups as needed. •Up to two (2) Structural Conceptual Design options including structural design narratives for alternatives and thresholds for code triggers.

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Task 2 Meetings:
•Team Site Walk and interview with Maintenance Staff, 2 hours at site. •One additional site meeting with specialists regarding foundation stabilization, as needed. •Work session with the City’s project management team to review the existing building evaluation memos and plan next steps, one (1) 1-hour meeting via Zoom. •Work sessions with structural engineer and City’s project management team to review draft structural design options, coordinate for structural cost estimating, and review cost estimate prepared by the City, two (2) 1-hour meeting via Zoom.

III. Task 3: General Consulting Services
Consultant shall provide limited general consulting services to additionally support the City with Phase 1 (Pre- design) of the Project. Consultant shall request the City’s written authorization prior to commencing with any services as part of Task 3.

Task 3 Deliverables: To be determined.

IV. Task 4: Spatial Programming

1. Coordinate with Deputy City Librarian to gather information on the collection:
a. Quantity and types of volumes
b. How volumes are displayed

2. Interview Marina Branch Librarian and Supervising Librarian regarding:
a. Daily schedule, check-out procedures, program areas and activities (story time, hoteling, etc) b. Adjacencies and any other specific space attributes
c. Needs for furniture (shelving, tables, chairs) and equipment (computers, printers, auto checkout, etc.)
d. Constraints of the existing facilities

3. Develop a spatial program document listing use areas and requirements; and functional area diagram to confirm spatial program requirements.

4. Update project goals with information gathered in interviews

Task 4 Deliverables:
•Spatial Programming and Functional Area Diagram
Task 4 Meetings:
•In-person interview with City Staff (e.g. City Librarian and Marina Branch Librarians) •Presentation of Spatial Programming, one (1) 1-hour meeting via Zoom •Two (2) 1-hour meeting PM meetings via Zoom

V. Task 5: Structural Foundation Stabilization Design Development & Construction Documents and Schematic Seismic Retrofit Design

1. Design Development for Foundation Retrofit
a. Perform preliminary calculations as required.
b. Prepare Design Development (DD) Drawings for the foundation retrofit from a Revit Model including foundation plans with member sizing as well as general notes and typical details.

2. Selective Demolition Plan for exploratory investigation of existing wall assemblies a. Develop a Selective Demolition Plan for the super structure to convey where finishes need to be locally removed to verify existing wall sheathing, sill anchorage, etc. The selective demolition is to be completed by an owner-hired contractor based on direction provided by ZFA b. Perform (1) site visit to observe structural after selective demolition has been completed.

3. Schematic Seismic Retrofit design of wood structure above foundation

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a. Perform preliminary calculations as required to validate seismic retrofit design. The seismic retrofit will be designed for 75% of the current Building Code requirements, which is in-line with the California Existing Building Code.
b. Provide Schematic Seismic Retrofit drawings via PDF markups on as-built and/or architectural drawings, with sufficient information to convey the design intent and allow a preliminary cost estimate to be performed by others if desired.
c. Schematic retrofit drawings to be incorporated into Conceptual Design Cost Estimate (see Task VI).

4. Structural Engineer Coordination:
a. Support environmental consultant with requested information b. Participate in development of Revit model (foundation only) such that it is coordinated with the full Revit model produced in subsequent design phases
c. Coordinate with City on destructive testing and pile testing including review of results d. Review of structural deliverables
e. Particulate in structural review meetings review cost analysis of the foundation and site work.

5. Develop structural foundation design to 50% CD level a. Prepare 50% Construction Documents structural foundation design, including:
a. Update Design Development structural drawings with project specific notes, details and schedules.
b. Code summary
c. Demolition Plan sheets specifying structural and non-structural materials and elements to be demolished, protected in place, or replaced
d. Technical Specifications for foundation work only
e. Cost Estimate
b. MEP team to review and comment on non-structural demolition scope. Architectural and structural team to incorporate comments into design documents. c. Submit 50% Construction Documents to City for review

6. Develop structural foundation design to 90% CD level (Permit Submittal) a. Meet with City to review 50% CD documents, construction cost estimate, and City comments. b. Prepare 90% Construction Documents, including:
a. Update to 50% CD documents
b. Structural calculations for permit submittal
c. Revised Cost Estimate
d. MEP team to review and comment on non-structural demolition scope. Architectural and structural team to incorporate comments into design documents. e. Submit permit documents and cost estimate for review by City f. Revise and submit permit documents for review by City of San Mateo Building Department
g. Respond to up to two (2) rounds of plan check comments

7. Develop structural foundation design to 90% CD level (Permit Submittal) a. Meet with City to review 90% CD documents, construction cost estimate, permit comments, and City comments.
b. Incorporate permit comments, City comments, and full design team comments into Construction Documents.
c. Prepare 100% Construction Documents, including:
a. Update to 90%CD documents
d. Submit 100% Construction Documents to City
Task 5 Deliverables:
•Design Development (DD) drawings for the Foundation Retrofit •Selective Demolition Plan for exploratory investigation of existing wall assemblies

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•Schematic Design (SD) Seismic Retrofit drawings
•50% Construction Documents, Drawings and Specifications •50% Cost Estimate
•90% Construction Documents, Drawings, Calculation and Specifications (Permit Submittal) •90% Cost Estimate
•100% Construction Documents, Drawings and Specifications Task 5 Meetings:
•Attend up to two (2) 1-hour virtual meeting to coordinate design work as it relates to the foundation retrofit
•Attend up to two(2) 1-hour virtual meeting to coordinate design work as it relates to the schematic seismic retrofit
•Design Development review with City
•50% CD Review with City
•90% CD (Permit Set) Review with City
•Pre-permit submittal meetings with Regulatory Agencies (up to 2) •Plan Check comments review meeting (2, if needed)
•Ongoing coordination and progress meeting (up to 6) with City VI. Task 6: Conceptual Design Options & Costing

1. Coordinate Develop Conceptual Design, including the following:
a. Up to three (3) draft conceptual architectural plan options. b. Concept for interior finishes and furnishings
c. Options for upgrades to mechanical, plumbing, electrical systems, fire suppression/alarm and roof assembly.
d. Support Civil Engineer in their development of site improvement e. Develop Conceptual Design Cost Estimating package

2. Revit Modeling of Existing Building, to be used as a basis for developing conceptual design options.

3. Site Design
a. Two (2) draft conceptual landscape plan options.
b. Preliminary fine grading study
c. Coordination with A/E team, as well as with City on neighboring development

4. Coordinate conceptual designs with proposed structural retrofit.

5. Develop Construction Cost Estimate of non-structural foundation scope

6. Prepare Conceptual Design presentation documents
a. Design team would further develop interior design and furnishings selections and document in a presentation-level document, including a rendered floor plan, precedent images, interior materials sample board, images of proposed furnishing and up to two (2) 3-d rendered views of the library interior. This document would be presented to stakeholders and would be intended to build enthusiasm for funding the interiors fit-out. b. Document also to include a list of all proposed furnishings with list pricing.

7. Convene draft Conceptual Design meeting. Review options and designate a single preferred plan and additive alternative options to be included in the cost estimating package.

8. Coordinate conceptual design package with the State’s California Energy Design Assistance (CEDA) program.

Task 6 Deliverables:
•Slide presentation from draft Conceptual Design review meeting including plan options, site plans options, precedent images for interiors, and analysis of MEP and structural options. •Conceptual Design Cost Estimating package including a conceptual floor plan and description of:
architectural improvements, furnishings and finishes, MEP systems, and landscape improvements.

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Cost Estimating package to be organized as a single preferred floor plan and site plan with additive alternatives.
•Construction Cost Estimate based on Conceptual Design Cost Estimating Package, including additive alternatives
Task 6 Meetings:
•Draft Conceptual Design review meeting, one (1) 1.5-hour meeting via Zoom •Work sessions with City staff to select and organize options, coordinate approach to cost estimating, three (3) 1-hour meeting via Zoom held in lieu of weekly PM meetings. •Meeting to review Cost Estimate (1) 1-hour meeting via Zoom. •Three (3) 1-hour weekly PM meetings via Zoom.
•Three (3) 1-hour Zoom meetings with California Energy Design Assistance (CEDA) program administrator.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8377 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 20, 2024
SUBJECT:

Citywide On-Call Heating, Ventilation, and Air Conditioning Repair Services – Amendment RECOMMENDATION:

Approve Amendment No. 1 with Bayside Heating & Air Conditioning, Inc. DBA CP Mechanical for Citywide On-Call Heating, Ventilation, and Air Conditioning Repair Services increasing the Agreement amount by $70,000, for a revised total not to exceed amount of $169,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.

BACKGROUND:

City Facility Maintenance crews are responsible for maintaining Citywide Heating, Ventilation, and Air Conditioning (HVAC) systems. If a repair is needed that is deemed too large to complete in-house or beyond staffing capability, a contractor with expertise is needed to perform the work.

In November 2021, the City entered into an agreement with Bayside Heating & Air Conditioning, Inc. DBA CP Mechanical (CP Mechanical) in the amount of $48,000 for quarterly maintenance of the City’s facilities and on-call emergency repairs with payment based on a time and material basis. In March 2023, City facilities encountered historic rains and drastically different weather patterns that resulted in an unforeseen amount of HVAC repairs, specifically at the Police Department.

Therefore, a change order was issued to add $35,000, bringing the agreement total to $83,000 due to greater-than- anticipated HVAC repair service calls. In September 2023, a second change order in the amount of $16,000 was issued, increasing the total agreement amount to $99,000, again due to greater-than-anticipated HVAC repair service calls.

Amendment No. 1, increasing the agreement amount by $70,000, is being requested due to a continued increase in requests for on-call and emergency repair services and major repairs, including ongoing emergency work at the Police Department. This type of work is only performed by contractors and CP Mechanical is the only local supplier that has serviced and maintained the Police Department equipment. Given CP Mechanical’s in-depth knowledge and understanding of the Police Department, they are in the best position to continue performing the quarterly maintenance, on-call, and emergency repairs.

Based on the above, staff recommends approval of Amendment No. 1 to increase the Agreement amount by $70,000 for an amount not to exceed $169,000.

BUDGET IMPACT:

Sufficient funds are available in the Facilities Operating Budget to cover the cost of this amendment.

ENVIRONMENTAL DETERMINATION:

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

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maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 1

STAFF CONTACT
Derek Bahamondes, Building Maintenance Supervisor
[email protected]
650-522-7355

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AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
BAYSIDE HEATING & AIR CONDITIONING, INC. DBA CP MECHANICAL FOR

CITYWIDE ON-CALL HVAC SUPPORT AND EMERGENCY REPAIR SERVICES ($48,000 [Original Amount] $35,000 [Change Order 1] $16,000 [Change Order 2] $70,000 [Amendment 1])
WHEREAS, the City of San Mateo (“CITY”), a municipal corporation of the State of California, and Bayside Heating & Air Conditioning, Inc. DBA CP Mechanical (“CONTRACTOR”), entered into an Agreement for Citywide On-Call HVAC Support and Emergency Repair Services (“Agreement”) on November 17, 2021; and
WHEREAS, on March 24, 2023, CITY issued Change Order No. 1 increasing the Agreement amount by $35,000, for a total not to exceed amount of $83,000; and WHEREAS, on September 25, 2023, CITY issued Change Order No. 2 increasing the Agreement amount by $16,000, for a total not to exceed amount of $99,000; and WHEREAS, CITY and CONTRACTOR wish to amend the Agreement to increase the amount of the Agreement by $70,000, for a total not to exceed Agreement amount of $169,000 due to an increased need for on-call, emergency repair services, and major repairs.

NOW, THEREFORE, the parties agree as follows:

1. Section 5 “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $169,000, pursuant to the rates stated in Exhibit B, attached and incorporated by reference.”

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

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IN WITNESS WHEREOF, CITY OF SAN MATEO and Bayside Heating & Air Conditioning, Inc. DBA CP Mechanical have executed this Amendment on ___________________ .

CITY OF SAN MATEO CONTRACTOR
Brad B. Underwood
Interim Public Works Director
Date Chris Paul
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8406 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 20, 2024
SUBJECT:
2nd & El Camino Garage Improvements – Professional Services Agreement RECOMMENDATION:

Approve an agreement to ZFA Structural Engineers for professional engineering services in the amount of $139,287.50; establish a contingency reserve in the amount of $21,000; 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 2nd & El Camino Garage has served the San Mateo downtown community for over seventy-five years. It is a concrete structure that has 385 parking spaces spanning five and a half stories. In 2022, ZFA Structural Engineering (ZFA) performed a structural investigation which identified exposed, ruptured, and corroded post-tension beam tendons in various areas and recommends that repairs be made to restore the integrity of the structure. In 2023, the City developed a two phased approach to address the structural issues: Phase 1: Post-tension Beam Tendon Repairs, which includes the replacement of post-tension beam tendons in multiple areas and Phase 2: Parking Garage Structural & Safety Improvements, which includes the replacement of the stairs, improvements to the concrete surfaces, rebar, lighting, vehicle barriers, exterior façade, public sidewalk, signage, striping, waterproofing, security system, and implementation of the City’s Downtown Parking Garage Pedestrian Safety Plan. The design documents for the first phase of repairs to the post-tensioned beam tendons were produced in 2023 and the project was awarded for construction in January 2024. Design documents for the Phase 2 repairs are currently in production.

Based on the structural assessment and investigation, it is expected that the parking structure will shift during the Phase 1 construction, further compromising the integrity that is being restored. Therefore, it is recommended that the City take a proactive approach and perform full-time engineering and monitoring during the construction phase to observe, identify, document and resolve changes as they occur. In December 2023, it was discovered that additional tendons have severed since 2022, so time is of the essence. The construction agreement for the tendon repairs was awarded in January 2024 and the start of work is imminent. Therefore, issuing a formal request for proposals for the monitoring is not advisable due to the time constraints. Due to this, City staff directly contacted three firms to solicit proposals, as authorized by San Mateo Municipal Code Section 3.60.040(c), and ZFA Structural Engineers was the only firm to submit a proposal to perform the necessary services including inspections, surveying, testing, sampling, scanning, documenting, and reporting. This information will also be used in the design documents for Phase 2.

Based on the above, staff recommends approving an agreement with ZFA Structural Engineering because of positive performances with similar projects within the City, their in-depth knowledge of this specific facility, and their immediate availability.

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BUDGET IMPACT:

There is sufficient funding available in the Parking Facility Structural Repairs (46F025) project to award this agreement.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

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

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AGREEMENT WITH ZFA STRUCTURAL ENGINEERS

FOR PROFESSIONAL CONSULTANT SERVICES
FOR
2ND & EL CAMINO GARAGE STRUCTURAL IMPROVEMENTS
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 ZFA STRUCTURAL ENGINEERS, a Corporation (“CONSULTANT”), whose address is 1390 El Camino Real, Suite 100, San Carlos, CA 94070.

RECITALS:

A. CITY desires certain professional consulting services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on March 1, 2024 and be completed on June 30, 2025.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $139,287.50 pursuant to Exhibit A.

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.

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.

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

SECTION 11 - INDEMNITY
Indemnity for Design Professional Services. CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.

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

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

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

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

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SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

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

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

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

SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Steve Wu, Project Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: ZFA Structural Engineers
Attn: Mark A. Moore, Executive
Principal
1390 El Camino Real, Suite 100
San Carlos, CA 94070
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.

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

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and ZFA Structural Engineers have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Brad B. Underwood
Interim Public Works Director
Date Mark A. Moore
President
Date

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

Exhibit A: Scope of Services
Exhibit B: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

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

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

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

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

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

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

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

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

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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8407 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 20, 2024
SUBJECT:
2nd and El Camino Garage and Central Garage Elevator Modernization - Budget Appropriation and Construction Contract RECOMMENDATION:

Adopt a Resolution authorizing a budget appropriation from the Downtown Parking Improvements Project to the Elevator Modernization Project in an amount of $645,000; approve a construction contract with On Point Construction for construction to improve the elevator controls at the 2nd and El Camino Parking Garage and Central Parking Garage in the amount of $830,000; establish a contingency reserve in the amount of $166,000; 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 current elevator at the 2nd & El Camino Garage was installed in 1991, serves five floors, and has been intermittently out of service for the past three years. The current elevator at the Central Garage was installed in 1999, serves four floors, and has been completely out of service for the past sixteen months. An assessment performed in 2018 recommended that a controls upgrade be implemented at both locations to replace the existing obsolete systems to maintain safe operations.

In October 2021, the City engaged Consolidated CM, Inc. to produce design specifications related to the controls upgrade and other associated improvements as required by the California Building Code. The bid documents for this project were subsequently advertised in October 2023. Bids were received on January 18, 2024, with the following results:

Company Bid Amount
On Point Construction $830,000
Ultimate Construction, Inc. $939,776
On Point Construction was determined to be the lowest responsive and responsible bidder, but its bid was above the engineer’s estimate of $700,000. However, the original engineer’s estimate did not include the increase in construction and materials cost in 2023-2024. Therefore, On Point Construction’s bid of $830,000 is $130,000 greater than the engineer’s construction base estimate at the time of bidding. Staff had anticipated the increase, accounting for escalation during the budget development phase, and provided sufficient funding to execute the project in 2024. Based on the above, staff recommends the contract be awarded to On Point Construction as the lowest responsive and responsible bidder.

Staff also recommends a 20% contingency because of expected unknown conditions that will be uncovered during construction such as the hydraulic cylinders, which will be removed, evaluated and possibly replaced. The contingency amount is expected to cover this cost.

BUDGET IMPACT:

The Elevator Modernization Project (46F035) currently does not have sufficient capital budget to fund this construction

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CITY OF SAN MATEO
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contract and contingency reserve. Staff recommend the City Council authorize a budget transfer in the amount of $645,000 from the Downtown Parking Improvements Project (461001) to the Elevator Modernization Project (46F035).

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $645,000 FROM THE DOWNTOWN PARKING

IMPROVEMENTS PROJECT TO THE ELEVATOR MODERNIZATION 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, the City Council recognizes the need to replace the elevator controls at the 2nd and El Camino Garage and at the Central Garage to meet the public safety needs of the City of San Mateo and dedicated funding for the Elevator Modernization Project (46F035) in the Fiscal Year 2023-2024 Adopted Budget; and
WHEREAS, additional funding for the Elevator Modernization Project (46F035) is required because it currently does not have enough remaining available budget to cover the estimated $830,000 funding to award the construction contract to improve the elevator controls at 2nd and El Camino Parking Garage and Central Parking Garage and establish a contingency reserve of $166,000; and WHEREAS, the Downtown Parking Improvements Project (461001) was established to improve and repair existing downtown parking structures to maintain safe operations and $645,000 is available in the project budget to be transferred to satisfy the additional funding needs.

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

1. This City Council action approving a budget transfer to fund elevator improvements 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.)

2. A transfer in the Capital Project Fund totaling $645,000 from the Downtown Parking Improvements Project (461001) to the Elevator Modernization Project (46F035) Project is authorized.

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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
On Point Construction
322 Lang Road
Burlingame, CA 94010
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:

1.2 nd and El Camino Garage and Central Garage Elevator Modernization, and all necessary labor, materials, equipment, and appurtenances necessary to complete the work as called for in the Contract Documents.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located at 95 S. El Camino Real and 315 S. Ellsworth 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. Architect: N/A

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

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

3. Engineer: Bureau Veritas-National Elevator Inspection Services

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

5. Resident Project Representative - The authorized representative of Owner assigned to assist Owner at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. The RPR for this project is:
a. Scott Ritter, Consolidated CM, Inc.

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

B. Intent of Certain Terms or Adjectives:

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

C. Day:

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

D. Defective:

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

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

E. Furnish, Install, Perform, Provide:

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

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

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

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

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

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

1. This Contract.

2. Notice to Bidders.

3. Instructions to Bidders.

4. Contractor’s Bid.

5. Performance bond.

6. Payment bond.

7. Addenda.

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

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

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c. Field Orders.

ARTICLE 3 - CONTRACT DOCUMENTS

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

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

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

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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

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

B. Resolving Discrepancies:

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

2. When a conflict exists between specifications or between specifications 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. Owner Standard Specifications.
f. 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).
g. 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).
h. Notice to Bidder.
i. Instruction to Bidder.

ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times
A. The Work will be substantially completed on or before March 1, 2024 and completed and ready for final payment on or before June 30, 2025.

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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 $500 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 $500 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 Eight Hundred Thirty Thousand dollars ($830,000.00) for all Work.

B. For any additional Work authorized by Owner, Owner shall pay Contractor in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price in the National Joint Powers Alliance - Book 3: Task

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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.

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.

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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, 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.

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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.

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.

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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 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 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.

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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 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,

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liability, damage, or expense arising from the active negligence, 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 Specifications, or otherwise), or other engineering or technical matters; and

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

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

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

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

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

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

1. Review the subsurface or physical condition in question;

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

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

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

5. Prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the 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 Specifications will be made, and adopting or rejecting RPR’s written findings, conclusions, and recommendations, in whole or in part.

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

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

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

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

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

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

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

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

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

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

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

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

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

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

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

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

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

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

ARTICLE 14 - PAYMENTS TO CONTRACTOR

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

14.02 Applications for Payments:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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

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

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

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

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

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

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

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

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

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

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

4. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and specifications 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: City of San Mateo CONTRACTOR: On Point Construction By: Brad B. Underwood By: Emmanel Koutantos
Title: Public Works Director Title: President
By:

Title:

Address for giving notices:
330 West 20th Avenue 322 Lang Road
San Mateo, CA 94403 Burlingame, CA 94010
License No.: 949627
(where applicable)

APPROVED AS TO FORM
Linh Nguyen, Asst. City Attorney

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2ND AND EL CAMINO GARAGE

CENTRAL GARAGE

ELEVATOR MODERNIZATION
CITY PROJECT NUMBER 46F035
46F035 ELEVATOR MODERNIZATION
14250 - 22

EXHIBIT A

SCOPE OF WORK

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2ND AND EL CAMINO GARAGE

CENTRAL GARAGE

ELEVATOR MODERNIZATION
CITY PROJECT NUMBER 46F035
46F035 ELEVATOR MODERNIZATION
14250 - 23

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS
ARTICLE 1 - MINIMUM SCOPE AND LIMIT OF INSURANCE

1.01 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.

1.02 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.

1.03 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.

1.04 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 policy language shall

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

ARTICLE 2 - OTHER INSURANCE PROVISIONS

2.01 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.

2.02 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.

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

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

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

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

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

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

2.04 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.

2.05 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.

2.06 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.

2.07 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.

2.08 Surety Bonds.

A. Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

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

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2.09 Special Risks or Circumstances.

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

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EXHIBIT C

SPECIFICATIONS
City of San Mateo
Contract Book – Volume 2
2nd and El Camino Garage
Elevator Modernization
City Project No. 46F035
Technical Specifications
October 26, 2023

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SECTION 14250 – ELEVATOR MODERNIZATION
PART 1 – GENERAL

1.1WORK INCLUDED
A.Improve one (1) hydraulic elevator at 2nd and El Camino Real Parking Garage, 95 S. El Camino Real, San Mateo, CA 94401.

B.All engineering, equipment, labor, and permits required to satisfactorily complete elevator modernization required by Contract Documents.

C.Applicable conditions of General, Special, and Supplemental Conditions and all sections listed in Contract Documents.

D.Cartage and Hoisting: All required staging, hoisting and movement to, on and from the site including new equipment, reused equipment, or dismantling and removal of existing equipment.

E.Provide new equipment unless equipment is specifically identified as “Retain,” or “Refurbish.” F.Removal and lawful disposal of any existing equipment not specifically being re-used in the elevator modernization.

1.2 RELATED WORK BY CONTRACTOR
A.Hoistway and Pit:

1. Wall blockouts and fire rated closure for control and signal fixture boxes which penetrate walls.

2. Cutting and patching walls and floors.

3. Opening in hoistway wall or pit wall for hydraulic piping. Trench and back fill under- ground piping.

4. Pit access stationary ladder for each elevator. Retractable ladder if provided shall include an electrical contact conforming to ASME A17.1, Rule 2.2.2.4.2.7.

5. Protect car enclosure, hoistway entrance assemblies, and special metal finishes from damage.

6. Paint pit floor. Floors to be painted deck gray. Floor paint to be high impact resistant epoxy based.

7. Hole in pit floor, 3'-0" square, to facilitate installation of protective secondary containment casing by Elevator Contractor. Fill hole with concrete after jack installation.

Seal pit with non-permeable epoxy.

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B.Machine Room and Machinery Spaces:

1. Ventilation and heating. Maintain minimum temperature of 55° F, maximum 90° F.

Maintain maximum 80% relative humidity, non-condensing.

2. Paint floor. Floors to be painted deck gray. Floor paint to be high impact resistant epoxy based.

3. Fire sprinkler removal or installation where required.

4. Coordinate secondary containment of pump unit oil reservoir with elevator contractor.

C.Electrical Service, Conductors and Devices:

1. Lighting and GFCI convenience outlets in pit, machine room, and overhead machinery spaces. Provide one additional non-GFCI convenience outlet in pit for sump pump and oil return pump.

2. Three-phase mainline copper power feeder with true earthen grounding to terminals of each elevator controller in the machine room with protected, lockable “open” disconnect- ing means with auxiliary contacts to allow Elevator Contractor to electronically interlock battery power lowering unit.

3. Provide lighting fixtures in machine room that are above existing controllers to provide 19 fc of illumination throughout the machine room.

4. Replace existing unguarded lighting in each pit with guarded fluorescent lighting to pro- vide 10 fc of illumination throughout the pit. Lighting should be mounted lower than the current position so that the new extended 48" toe guard installed on the elevator cabs does not strike the new lighting. Install 4’ dual bulb led light.

5. Install GFCI convenience outlets in pit and machine room.

6. Single-phase copper power feeder to each elevator controller for car lighting and exhaust blower with individual protected, lockable “open” disconnecting means located in ma- chine room.

7. Emergency telephone line to designated elevator control panel in elevator machine room.

8. Fire alarm initiating devices in each elevator lobby for each group of elevators or single elevator and each machine room to initiate firefighters’ return feature. Device at top of hoistway if sprinklered. Provide alarm initiating signal wiring from hoistway or machine room connection point to elevator controller terminals. Device in machine room and at top of hoistway to provide signal for general alarm and discrete signal for Phase II fire- fighters’ operation.

9. Temporary power and illumination to install, test, and adjust elevator equipment.

10. Means to automatically disconnect power to affected elevator pump unit and controller prior to activation of machine room fire sprinkler system and/or hoistway fire sprinkler system. Manual shut-off means shall be located outside bounds of machine room.

11. When sprinklers are provided in the hoistway all electrical equipment located less than 4'- 0" above the pit floor shall be identified for use in wet locations. Exception: seismic pro- tection devices.

12. Single-phase power feeders to firefighters’ control panel.

13. Single-phase power feeder to elevator intercom amplifier in the elevator machine room.

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1.3DEFINITIONS
A.Terms used are defined in the latest edition of the Safety Code for Elevators and Escalators, ASME A17.1.

B.Reference to a device or a part of the equipment applies to the number of devices or parts required to complete the installation.

C.The term “Purchaser” shall refer to the Owner.

D.Provisions of this specification are applicable to all elevators unless identified otherwise.

1.4QUALITY ASSURANCE
A.Qualified and Approved Contractors: Alternate Contractors must receive approval of Purchaser and or Consultant at least 14 calendar days prior to bid date.

1.Control Systems: OEM, Motion Control Engineering (MCE), Smartrise Engineering, Elevator Controls.

2.Hydraulic Power Unit and Accessories: OEM, MEI, Canton.

3.Door Operator Equipment: ECI VF2500, GAL MOVFR, OEM linear.

4.Signal Fixtures: Innovation Industries, OEM.

B.Warranty:

1.Contractor shall warrant the equipment installed under the specifications against defect in material and quality of installation and correct any defects, unless due to unordinary wear and tear or improper use or care by Purchaser.
a.Defective is defined to include, but not limited to; operational system failures, car performance, unusual degradation of materials or finishes, unsafe conditions, the need for excessive maintenance, unusual wear, abnormal noise or vibration, and related unsatisfactory conditions.
b.Retained Equipment: All retained equipment and components shall be checked and cleaned or repaired to be suitable for reuse and covered under preventative maintenance by the Contractor. All retained equipment shall integrate with newly installed systems.
c.Modify or adjust equipment to meet performance requirements of Contract Documents.

1.5APPLICABLE CODES
A.Work specified by the Contract Documents shall be in compliance with applicable Federal, State, and municipal codes and ordinances in effect at the time of Contract execution. Requirements of the Authority Having Jurisdiction shall be completed by the Contractor and Subcontractors.

The entire alteration, when completed shall Comply with most stringent applicable provisions

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of following Codes, laws, and/or Authorities, including revisions and changes in effect:

1.Safety Code for Elevators and Escalators, ASME A17.1

2.Guide for Inspection of Elevators, Escalators, and Moving Walks, ASME A17.2

3.Elevator and Escalator Electrical Equipment, ASME A17.5

4.National Electrical Code, NFPA 70

5.Americans with Disabilities Act, ADA

6.Uniform Federal Accessibility Standard, UFAS

7.Local Fire Authority

8.Requirements of most stringent provision of local applicable building code within the governing jurisdiction.

9.Life Safety Code, NFPA 101.

10.California Accessibility Standards, Title 24 Chapter 11b.

11.California Code of Regulations Title 8 and California Building Code Title 24 B.Abbreviated symbols
AHJ Authority having Jurisdiction
AIA American Institute of Architects
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWS American Welding Society
IBC International Building Code
IEEE Institute of Electrical and Electronics Engineers
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protections Agency
OSHA Occupational Safety and Health Act

1.6DOCUMENT AND SITE VERIFICATION
A.Submission of a bid will be considered evidence that the bidder has made themselves fully aware of the Contract requirements, scope of work, building access, related work required by other trades, existing equipment, as well as any requirements of the local authority, manpower requirements and has made proper allowance for all contingencies.

B.Any discrepancies, omissions or items requiring clarification found by bidders in the Contract Documents shall be submitted in writing directly to the Consultant for clarification. All bidders will be notified of clarifications in writing.

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C.Contractor shall be responsible for verifying all dimensions, data and site conditions.

1.7SUBMITTALS
A.Prior to beginning equipment fabrication, submit shop drawings and required material samples for review. Allow 15 days for response to initial submittal and include the following:

1.Power Confirmation Information: Design for existing conditions.

2.Fixture drawings.

B.Acknowledge and/or respond to review comments within 10 calendar days of return.

Incorporate required changes so that delivery and installation schedules are not affected.

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C.Approval of the drawings and cuts by Owner’s designee or Consultant shall be for general arrangement only and does not include measurements which are the Contractor’s responsibility or approval of variations from the contract documents required by the AHJ.

D.Submittal review shall not be construed as an indication that submittal is correct or suitable, or that the work represented by submittal complies with the Contract Documents.

1.8PERMIT, TEST AND INSPECTION
A.Obtain and pay for permit, license, and inspection fee necessary to complete installation.

B.Perform test required by Governing Authority in accordance with procedure described in ASME A17.2 Guide for Inspection of Elevators, Escalators, and Moving Walks in the presence of Authorized Representative.

C.Supply personnel and equipment for test and final review by Consultant.

1.9MAINTENANCE
A.Warranty Maintenance:

1.Provide preventive maintenance and 24-hour emergency callback service for one year commencing on date of final acceptance by Purchaser. Final acceptance shall be in writing and after the final inspection is turned over by the AHJ. Monthly, examine, adjust, clean, and lubricate all equipment. Repair or replace defective parts using parts produced by the Contractor of installed equipment. Maintain elevator machine room, hoistway, and pit in clean condition.

2.Use licensed and competent personnel, acceptable to Purchaser.

3.The warranty maintenance period specified above shall be extended one (1) month for each three (3) month period in which equipment related failures average more than .25 per unit per month.

4.Purchaser retains the option to delete cost of warranty maintenance from new equipment contract and remit twelve (12) equal installments directly to Contractor during period in which maintenance is being performed.

5.The Elevator Contractor shall contact ownership approximately two months prior to the end of the contract term. The Owner will make a thorough maintenance inspection of all elevators covered under the contract. At the conclusion of this inspection, the Owner shall give the Contractor written notice of any deficiencies found. The contractor shall be responsible for correction of these deficiencies within thirty days after receipt of such notice.

B.Interim Maintenance:

1.Provide pro-active preventive maintenance service with 24-hour service on elevators described herein for a period from notice to proceed, verbal or written, until each unit is removed from building service for modernization. 24-hour service begins when the first car is removed from service in occupied buildings. In addition, furnish interim preventive

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maintenance on completed units until the modernization of each group of elevators is complete and one-year warranty maintenance, defined in Item 1.02 below, is commenced. Cost of interim maintenance shall not be included as part of modernization quotation. Indicate costs on a per-unit basis for interim maintenance as requested on quotation form.

Costs for interim maintenance shall be paid by Purchaser separately and monthly based upon the number of units in service. Perform interim maintenance based upon terms and conditions of owners contract.

2.Use licensed and competent personnel, acceptable to Purchaser.

3. Provide interim maintenance in accordance with City of San Mateo contract C.Preventive Maintenance

1.Use licensed and competent personnel, acceptable to Purchaser.

2.Maintenance shall include systematic examination, adjustment and lubrication of all equipment, including repair and replacement of electrical and mechanical parts of the system.

3.Adequate stock of spare parts for emergency callbacks shall be stored onsite.

4.Additional parts or equipment required for maintenance and repair of the system shall be available within 4 hours of the project site. Other items not normally stocked must be available within 24 hours for delivery. Overnight charges are the responsibility of the Contractor.
.

5.Provide preventive maintenance in accordance with City of San Mateo contract.

PART 2 - PRODUCTS

2.1SUMMARY
A.Elevator 1
B.Provide New, Alter, or Retain as required below.

State ID: elev. 1: 59503 R = Retain
N = New
A = Alter
N/A = Not Applicable
SPEED: 150 FPM R
CAPACITY: 2500 lbs. R
ENTRANCE SIZE: 42”x 84” SSSO R
STOPS/LANDINGS 5 R

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CONTROLS: MCE 1000 N
ENCODER: Digital N
PUMP UNIT: Submersible N

HOISTWAY EQUIPMENT
(BUFFERS AND PIT EQUIPMENT):

R/N
CAR SLING: R
ROLLER GUIDES: N
PLATFORM: R
CAR DOOR OPERATOR: N
CAR DOOR EQUIPMENT: N
RAILS/SUPPORTS: R
HOISTWAY DOOR EQUIPMENT: N
HOISTWAY ENTRANCE FRAMES: R
HOISTWAY DOOR PANELS: R
HOISTWAY DOOR SILLS: R

HOISTWAY WIRING TRAVELING
CABLES:

N

HYDRAULIC CYLINDER N
CAR OPERATING PANELS: N
HALL PUSHBUTTONS: N
HALL LANTERNS: N/A
CAR POSITION INDICATORS: N
CAB INTERIOR FINISHES: N
MACHINE ROOM: A
MACHINE ROOM LIGHTING: N
MACHINE ROOM OUTLETS: N
MACHINE ROOM ACCESS: R
MACHINE DISCONNECT SWITCH: N

COOLING/HEATING MACHINE
ROOM:

R
PIT LIGHTING: N
PIT OUTLETS: N

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HOISTWAY VENTING: R

2.2MATERIALS
A.Steel:

1.Sheet Steel (Furniture Steel for Exposed Work): Stretcher-leveled, cold- rolled, commercial quality carbon steel, complying with ASTM A366, matte finish.

2.Sheet Steel (for Unexposed Work): Hot-rolled, commercial quality carbon steel, pickled and oiled, complying with ASTM A568/A568M-03.

3.Structural Steel Shapes and Plates: ASTM A36.

B.Stainless Steel: Type 316, or approved equal; complying with ASTM A240, with standard tempers and hardness required for fabrication, strength and durability. Apply mechanical finish on fabricated work in the locations shown or specified, (Federal Standard and NAAMM nomenclature). Protect with adhesive paper covering.

1.Satin: Directional polish finish (US 32D). Graining directions as shown or, if not shown, in longest dimension.

C.Aluminum: Extrusions per ASTM B221; sheet and plate per ASTM B209.

D.Plastic Laminate: ASTM E84 Class A and NEMA LD3.1, Fire-Rated Grade (GP-50), Type 7, 0.050” ±.005” thick, color and texture as follows;

1.Exposed Surfaces: Color and texture selected by Owner’s Representative.

2.Concealed Surfaces: Contractor’s standard color and finish.

E.Paint: Clean exposed metal parts and assemblies of oil, grease, scale, and other foreign matter and factory paint one shop coat of standard rust-resistant primer. After erection, provide one finish coat of industrial enamel paint.

F.Glass: Laminated safety glass, minimum 9/16” thick, conforming to ANSI Z97.1 and CPSC 16 CFR Part 1201.

2.3CAR AND GROUP PERFORMANCE
A.Speed: within ± 10% of contract speed under any loading condition.

B.Leveling: within ±1/4" under any loading condition.

C.Door Opening Time: From start of opening to fully open:

1.Car 1: 3.1 seconds.

D.Door Closing Time: From start of closing to fully closed:

1.Car 1: 4.0 seconds.

E.Car Floor-to-Floor Performance Time: From start of doors closing until doors are 3/4 open (1/2

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open for side opening doors) and car level and stopped at next successive floor under any loading condition or travel direction (132” typical floor height):

1.Car 1: 14.1 seconds.

F.Car Ride Quality:

1.Horizontal acceleration within car during all riding and door operating conditions. Not more than 20 mg peak to peak (adjacent peaks) in the 1 - 10 Hz range.

2.Acceleration and Deceleration: Smooth constant and not less than 3 feet/second² with an initial ramp between 0.5 and 0.75 second.

3.Sustained Jerk: Not less than 6 feet/second³.

G.Noise:

1.Measured noise level of elevator equipment during operation shall not the following:
a.Car at rest with doors closed, fan running - 55 dba.
b.Door in operation - 60 dba.

H.Vibration:

1.Isolate power unit, controller, oil supply lines and their supports from the building.

Electrically isolate the equipment from the building power supply and to each other to reduce the potential noise and vibrations transmitted to adjacent occupants.

2.4OPERATION Elevator 1
A.Selective Collective

1.Approved microprocessor-based, car and motion control systems as follows:
a.Kone: Resolve
b.Otis: Elevonic
c.Schindler 330A
d.Mitsubishi: AI-2100N
e.TKE: TAC 32
f.MCE: HMC
g.Smartrise

2.Provide selective collection operation operating from a single hall riser.

3.Do not reverse car direction until all car calls have been answered.

4.Slow car and stop automatically at floors corresponding to registered calls, in the order in which they are approached in either direction of travel. As slowdown is initiated for a hall call, automatically cancel hall call. Cancel car calls in the same manner. Hold car at arrival floor an adjustable time interval to allow passenger transfer.

5.Answer calls corresponding to direction in which car is traveling unless call in the opposite direction of the call registered.

6.Illuminate pushbutton to visually indicate call registration.

7.Provide zone programming features to park car at the designated landing selected by the Owner.

B.Low Oil Control: in the event oil levels is insufficient for travel to the top floor, provide controls to return elevator to the main level and park until oil is added.

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C.Independent Service: Provide controls for operation of each car from its pushbuttons only. Close doors by constant pressure on desired destination floor button or door close button. Open doors automatically upon arrival at selected floor.

D.Firefighters’ Service: Provide equipment and operation in accordance with Code requirements.

E.Automatic Car Stopping Zone: Stop car within 1/4" above or below the landing sill. Maintain stopping zone regardless of load in car or direction of travel.

F.Motion Control: AC type with unit valve suitable for operation specified and capable of providing smooth, comfortable car acceleration and retardation. Limit the difference in car speed between full load and no load to not more than ±10% of the contract speed in either direction of travel.

G.Standby Lighting and Alarm: Car mounted battery unit with solid-state charger to operate alarm bell and car emergency lighting. Battery to be rechargeable with minimum five-year life expectancy. Include required transformer. Provide constant pressure test button in service compartment of car operating panel. Provide lighting integral with portion of normal car lighting system.

H.Battery Lowering Device:

1.Upon loss of normal power, provide controls to automatically lower the cars to the nearest lower landing. Upon arrival at the nearest landing, the elevator doors shall open automatically and remain open until regular door time has expired. The elevator shall then become deactivated. The standby power source shall be provided via 12 volt D.C. battery units installed in machine room, including solid-state charger and testing means mounted in a common metal container. Battery to be rechargeable lead acid or nickel cadmium with a ten-year life expectancy.

2.Upon restoration of normal power, the elevator shall automatically resume normal operation.

I.Door Operation: Automatically open doors when car arrives at main floor. At expiration of normal dwell time, close doors. Provide heavy door/variable air pressure feature for consistent specified door operation within appropriate speed and inertia limits. Car and hoistway doors shall be arranged to operate in unison without excessive noise or slamming in either direction of travel.

1.Door opening speeds of 1.5 feet per second shall be provided in conjunction with closing speeds of 1.0 feet per second in accordance with governing code. a.Door operation shall commence as the car stops level at the floor. Pre-door opening shall not be permitted.
b.The force necessary to prevent closing of the car and hoistway door from rest shall not exceed 30 lb. This force shall be measured on the leading edge of the door with the door at any point between one third and two thirds of its travel. c.The operation of the door protective device by the interruption during the close cycle shall cause the immediate reversing of the doors to the fully open position. d.The door closing cycle shall be arranged so that, in the event the door protective devices become continually obstructed after the normal door open dwell time has

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expired, and following a time interval of approximately thirty (30) seconds (adjustable), a warning tone shall sound and the door closing cycle shall commence at reduced speed and torque per applicable Code requirements.

J.Car Light and Fran Timer: Provide necessary logic and power relay to allow car lights and fan to turn off.

2.5MACHINE ROOM EQUIPMENT
A.Pump Unit:

1.Provide a new pump unit with oil heater.

2.Provide an adjustable valve capable of making adjustment without removal from the oil line with manual lowering.

3.Provide electronic soft start, design unit for 80 upstarts/hour.

4.Provide a heavy duty muffler to reduce noise and vibration.

5.Provide tank shut off valve for isolating oil in the pump unit.

6.Replace all Victaulic gaskets in retained lines and fittings.

B.Encoder: Provide new solid state encoder, driven by the elevator car to provide absolute digital hoistway position to elevator controller.

1.Update car position at each floor so that movement to a terminal landing or other specific floor is not necessary to establish car position.

2.Retain last known position in the event of power loss and automatically restore upon return of normal power. Include vanes and sensors to establish leveling and floor zones.

C.Controller: New microprocessor based, UL/CSA labeled.

1.Compartment: Provide listed enclosure, mounted on power unit or machine room wall with latching doors and means to prevent overheating.

2.Provide a solid-state starter.

3.Relay Design: Provide proven design with material for reliable operation without overheating or excessive wear. Provide wiping action and means to prevent sticking due to fusion. Contacts carrying high inductive currents shall be provided with arc deflectors or suppressors.

4.The manufacturer’s standard on-board “LCD” display shall be incorporated on the main processor board and/or otherwise incorporated in the controller cabinet.

5.Microprocessor-Related Hardware
a.Provide power supplies with noise suppression devices. b.Isolate inputs from external devices.
c.Design control circuits with adequate grounding.
d.Safety circuits shall meet all requirements of the AHJ. e.System shall automatically restart when power is restored.

6.Wiring: CSA labeled copper for factory wiring. Route all wiring interconnections and securely attach wiring connections to studs or terminals.

7.Permanently label all components and wiring.

8.Provide elevator designation identification numbers on controller enclosures.

D.Muffler: Provide in discharge oil line near pump unit. Design shall dampen and absorb

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pulsation and noise in the flow of hydraulic fluid.

E.Piping and Oil: Provide piping, connections and oil for the system. Buried piping shall be secondarily contained with watertight Schedule 40 PVC sleeves between elevator machine room and pit. A minimum of two sound isolation couplings shall be provided between the pump unit and oil line and the oil line and jack unit. Provide isolated pipe stands or hangers as required.

F.Shutoff Valve: Manual valve in line adjacent to pump unit. Provide second valve in pit adjacent to jack unit.

2.6HOISTWAY EQUIPMENT
A.Guide Rails: Retain guide rails in place. Inspect rails, brackets and fishplates to determine if unfavorable conditions exist.

1.Clean rails and brackets. Remove rust.

2.Check all rail and bracket fastenings and tighten.

B.Buffers: Retain existing.

1.Clean and paint. Label pit equipment.

C.Buffers: Provide new spring type with blocking and support channels.

D.Hydraulic Jack Assembly: Retain and refurbish existing.

1.Cylinder: Retain existing and repack. Provide automatic scavenger pump to collect oil at cylinder head and return automatically to oil reservoir. Provide cylinder stabilizer bracketing between guide rails as required.

2.Plunger: Retain existing. Isolate plunger from car frame.

E.Hydraulic Jack Assembly: New

1.Cylinder: Seamless steel pipe. Design head to receive unit-type packing and provide means to collect oil at cylinder head and return automatically to oil reservoir. Provide sec- ondary containment/cylinder protection. Provide cylinder stabilizer bracketing between guide rails as required.

2.Plunger: Single stage. Polished seamless steel tubing or pipe. If plunger length exceeds 24", provide two or more sections not exceeding 16" in length, or coordinate installation of longer unit at the jobsite. Join sections by internal threaded couplings. Multiple section jack units shall be factory polished while assembled and marked for proper future reas- sembly. Isolate plunger from car frame.

F.Jack Support and Fluid Shut-Off Valve: Retain existing steel pit channels to support jack assembly and transmit loads to building structure. Provide intermediate stabilizers as required. Provide manual on/off valve in oil line adjacent to pump unit and jack unit in pit.

G.Jack Support: Provide steel pit channels to support jack assembly and transmit loads to building structure. Provide intermediate stabilizers as required.

H.Overspeed Valve: Provide a pressure sensitive, mechanically-actuated seismic safety valve, conforming to ASME A17.1. Connect valve directly to jack assembly inlet.

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I.Terminal Stopping: Provide required normal and final devices.

J.Electrical Wiring and Wiring Connections:

1.All wiring shall be stranded copper conductors, manufactured in compliance with ANSI/ASTM B174-71 and UL 62requirements, and polyvinyl chloride insulation complying with ETT requirements of UL 62 and Article 400 of the National Electric Code.

2.Electrical wiring provided for hoistway interlock shall be of a flame retardant type, capable of withstanding temperatures of at least 392 degrees Fahrenheit. Conductors shall be Type SF or equivalent.

3.Conductors and Connections: Copper throughout with individual wires coded and connections on identified studs or terminal blocks.

4.Provide 20% spare conductors throughout.

5.Provide four pairs of spare shielded communication wires in addition to those required to connect specified items. Tag spares in machine room.

6.Conduit: Painted or galvanized steel conduit, EMT or duct. Conduit size, 1/2” minimum.

Flexible heavy-duty service cord may be used between fixed car wiring and car door switches for door protective devices.

7.Traveling Cables: Flame and moisture-resistant outer cover. Install traveling to prevent twisting and rubbing against hoistway or equipment within hoistway.

8.Auxiliary Wiring: Connect all devices in each car controller in machine room.

K.Hoistway Entrance Equipment: Retain and refurbish existing entrances. Refurbish/replace and adjust assemblies to ensure smooth and quiet mechanical open and close of doors.

1.Door Hangers and Rollers: provide new hangers and rollers.

2.Door Track: Provide new tracks.

3.Door Safety Retainers: provide safety retainers as required by ASME A17.1.

4.Door Interlocks: Replace all interlocks and relating equipment.

5.Door Closers: Provide new door closing equipment.

L.Hoistway Access Switches: Provide new switch at top and bottom floors.

M.Floor Numbers: Stencil paint 4" high floor designations in contrasting color on inside face of hoistway doors or hoistway fascia in location visible from within car.

2.7HOISTWAY ENTRANCES
A.Frames: Retain existing. Fix entrance at lobby. Provide Arabic floor designation/Braille plates, centered at 60" above finished floor, on both side jambs of all entrances B.Door Panels: Retain existing. Provide new gibs and fire tabs.

C.Sight Guards: Retain existing. Replace damaged astragals.

D.Sills: Retain existing. Check and tighten all sill fastenings.

E.Sill Supports: Retain existing. Check and tighten all fastenings.

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F.Fascia, Toe Guards and Hanger Covers: Retain existing. Provide as required where damaged or missing. Check and tighten all fastenings.

G.Struts and Headers: Retain existing. Check and tighten all fastenings.

2.8CAR EQUIPMENT
A.Frame: Retain Existing. Check and tighten all fastenings. Individual car frame members, platform isolation framework, door operator support structure, related bracing and hardware shall be inspected for any indication of damage or distortion
B.Platform: Retain existing. Check and tighten all fastenings.

C.Platform Apron: Provide new extended platform apron to meet Code.

D.Guide Shoes: Provide new. Roller type with three or more spring dampened, sound-deadening rollers per shoe and seismic retainer plates.

E.Finish Floor Covering:

1.Coordinate with Owner’s installer if new finish floor coverings are selected.

F.Sills: Retain existing. Check and tighten all fastenings.

G.Doors: Provide new 16-gauge steel, sandwich construction without binder angles. Provide a minimum of two (2) gibs per panel. Construct door panels with interlocking, stiffening ribs.

Stainless steel #4 metal cladding shall wrap around leading and trailing edge of panel and return a minimum of 1/2" on rear side of leading edge of panel.

H.Door Hangers and Rollers: Provide new. Two-point hanger roller with polyurethane roller surface and suspension with eccentric upthrust roller adjustment.

I.Door Track: Provide new steel track with smooth roller contact surface.

J.Door Header: Provide a new door header configured for new door operator with stiffening flanges.

K.Door Electrical Contact: Provide new electrical contact.

L.Door Clutch: Provide a new heavy-duty clutch, linkage arms and all relating components to provide quiet door operation. Design clutch so car doors can be closed, while hoistway doors remain open.

M.Restricted Opening Device: Prevent car door opening outside the unlocking zone without plunger restrictor.

N.Door Operator: Provide a heavy-duty door operator on top of the elevator car enclosure for power

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opening and closing of the cab and hoistway entrance door panels. Provide solid-state door control with closed loop programmable circuitry. Provide consistent regardless of door weight or hoistway air pressure stack effect or varying conditions. Provide door opening speed averaging

1.5 feet per second and door closing speed of 1.0 feet per second. The door shall operate smoothly without a slam or abrupt motion in both the opening and closing cycle directions.

O.Reduce the closing speed as required to limit kinetic energy of closing doors to within values permitted by ASME A17.1 as may be adopted and/or modified by the AHJ.

P.Door Reopening Device:

1.Infrared Reopening Device: Provide infra-red reopening device the entire opening of the door. In event of device failure, provide for automatic shutdown of car at floor level with doors open.

2.Nudging Operation: Provide nudging to limit speed and torque in conjunction with door close signaling/closing and timing devices as permitted by ASME A17.1 as may be adopted and/or modified by the AHJ. Nudging shall be initiated by the signal control system and not from the door protective device.

3.Interrupted Beam Time: When reopening device is interrupted during initial door opening, hold door open a minimum of 3.0 seconds. When reopening device is interrupted after the initial 3.0 second hold open time, reduce time doors remain open to an adjustable time of approximately 1.0 - 1.5 seconds after beams are reestablished.

4.Door Timing: Adjust doors remain open after stopping in response to calls with the following:
a.Car Call: Car door hold open time adjusted between 3.0 and 5.0 seconds. b.Hall Call: Hall door hold open time adjusted between 5.0 and 8.0 seconds.

Q.Car Operating Panel:

1.Provide one stainless car operating panel with vandal resistant operating fixtures mounted behind the car stationary front return panel. Faceplate shall be hinged and constructed of satin finish stainless steel.

2.Provide Braille to the left of operating buttons. Designations minimum of 5/8” high, 0.03” raised and stud mounted.

3.Provide “star” at main egress landing.

4.Configure plates per local building code accessibility standards including Braille.

5.Provide minimum 3/4" diameter raised floor pushbuttons which illuminate to indicate call registration.

6.Provide alarm button to ring bell located on car control panel with illumination.

7.Provide keyed stop switch in locked car service compartment.

8.Provide “door open” button.

9.Provide “door close” button engage door close cycle.

10.Provide firefighters’ Phase II key switch with engraved instructions filled red.

11.Provide self-locking service compartment with recessed flush door with matching finish and engraved capacity.

12.Include the following in lockable service cabinet:
a.Inspection switch.
b.Light switch.

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c.Fan switch.
d.Independent service switch.
e.Constant pressure test button for battery pack emergency lighting. f.120-volt, AC, GFCI protected electrical convenience outlet. g.Card reader override switch.
h.Stop switch.
i.Switch to select either floor voice annunciation, floor passing tone, or chime. j.Car lighting dimmer switch.

13.Provide paint filled etched signage as follows:
a.Phase II firefighters’ operating instructions.
b.Car number on main car operating panel.
c.Car capacity in pounds on service compartment door.

R.Car Top Control Station: Mount on cartop handrail to provide safe access and operation while standing on cartop.

S.Work Light and Duplex Plug Receptacle: GFCI protected outlet at top of car with LED guarded lamps. Include on/off switch and lamp guard.

T.Communication System:

1.A hands-free emergency voice communication system shall be furnished in each car mounted as an integral part of the car operating panel. System shall meet CBC 2019 requirements.

2.Provide a 4 hour power supply for communication devices under power loss.

3.Provide two-way communication between car and emergency personnel if required.

2.9CAR ENCLOSURE
A.Car Enclosure: Retain existing car shell and interior. Apply sound-deadening mastic to exterior.

Remove cartop rust and paint cartop. Provide required modifications for new signal and pushbutton fixtures. Check and tighten all fasteners. Remove existing interior finishes, weigh, and document. Check and tighten all fastenings. Provide new interior finishes as specified herein. Verify weight of new interior finishes does not exceed weight of removed finishes by more than code allowable. Provide the following features:

1.Shell: Retain existing

2.Canopy: Retain existing

3.Front Return Panels and Integral Entrance Columns: retain, remove all scratches.

4.Transom: retain, remove all scratches.

5.Car Door Panels: Provide new.

6.Base: Stainless steel with concealed ventilation cutouts.

7.Interior wall finish: Removable panels, faced and edged, with color core plastic lami- nate. Design to be in-kind. Color and finish as selected by owner. Rear wall panel shall meet code requirements for glass.

8.Ventilation: Two-speed model exhaust blower mounted to car canopy on isolated rubber grommets. Exhaust blower shall meet requirements of Item 2.3, G. Ventilation shall shut off after adjustable period (60 – 180 seconds) of no elevator demand.

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9.Lighting: Provide LED fixtures with wiring and hookup. Coordinate with emergency lighting requirements. Lighting shall shut off after adjustable period (60 – 180 seconds) of no elevator demand. Provide emergency lighting integral with portion of normal car lighting system. Include required transformer.

10.Suspended Ceiling : Three section, 6 stainless steel panels mounted in an extruded alumi- num angle and T-frame.

11.Handrails: Minimum 1-1/4" diameter aluminum tubular grab bar across rear wall.

12.Pads and Buttons or Hooks: Three-piece removable pads. Two pads covering side walls and adjacent front returns and one covering rear wall. Provide cutouts to access main car operating panel.

B.Top of Car Guardrail: Provide car top railings where fall hazard exceeds 12". Install guardrails, necessary hardware and toe board to meet code requirements.

2.10HALL CONTROL STATIONS
A.Hall Call Control Stations: Provide new flush mounted hall call riser adjacent to each hoistway entrances. Pushbutton design shall match car operating panel pushbuttons with vandal resistant pushbutton assemblies. Provide enlarged faceplate to cover existing wall blockout. Provide appendix H pictorial signs. Provide cutting, patching and touchup painting around hall stations.

2.11SIGNALS
A.Car Direction Lantern Car 1: Provide new replacement car lantern in entrance columns.

Illuminate up or down LED lights with electronic tone. Sound tone once for up direction and twice for down direction. Sound level shall be adjustable from 0 - 80 dBA measured at 5'-0" in front of hall control station and 3'-0" off floor. Provide ADA compliant hall call and dwell time.

Car direction signals shall be arrow shaped minimum 2-1/2" dimension. Provide vandal resistant lantern and light assemblies consisting of series of dots or lines for maximum visibility.

B.Hall position indicator car 1 numeric digital indicator containing floor designations and direction arrows a minimum of 1/2" high to indicate floor served and direction of car travel. Mount integral with hall lanterns at all floors.

C.Car Position Indicator: Provide digital indicator in car operating panel.

D.Faceplate Material and Finish: Satin stainless, all fixtures.

E.Floor Passing Tone: Provide an audible tone.

F.Voice Synthesizer: Provide electronic device with easily reprogrammable message and female voice to announce car direction, floor, emergency exiting instructions, etc.

2.12SEISMIC OPERATIONS AND EQUIPMENT
A.Provide design, components, and operation per governing code.

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PART 3 - EXECUTION

3.1SITE CONDITION INSPECTION
A.Inspection

1.Study the Contract Documents with regard to the work as specified and required so as to ensure its completeness.

2.Examine surface and conditions to which this work is to be attached or applied and notify the Owner in writing if conditions or surfaces are detrimental to the proper and expeditious installation of the work. Starting the work shall imply acceptance of the surfaces and conditions to perform the work as specified.

3.Verify, by measurements at the project, dimensions affecting the work. Bring field dimensions which are at variance with those on the accepted shop drawings to the attention of the Owner. Obtain the decision regarding corrective measures before the start of fabrication of items affected.

4.Coordinate the scheduling of the work of this section with the work of other sections so as not to delay job progress.

3.2PRODUCT DELIVERY, STORAGE, AND HANDLING
A.Deliver material in Contractor’s original, unopened protective packaging.

B.Store material in original protective packaging. Prevent soiling, physical damage, or moisture damage.

C.Protect equipment and exposed finishes from damage and stains during transportation, erection, and construction.

3.3INSTALLATION
A.Modernize the elevators in accordance with Contractor’s instructions, referenced Codes, specification and approved shop drawings.

B.Install all equipment with clearances in accordance with Codes and specification of the AHJ.

C.Provide coordination of modernization items for ease of accessibility, maintenance and repair.

D.Remove oil, dirt and impurities and give a factory coat of rust inhibitive paint to all exposed surfaces of struts, hanger supports, covers, fascia, toe guards, dust covers and other ferrous metal.

E.Paint machine room and pit floors.

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3.4FIELD QUALITY CONTROL
A.A.Contractor is responsible for Code Authority acceptance inspection performed and complete corrective work. Re-inspection costs due to the Contractor shall be included at no cost by the Contractor.

3.5ADJUSTMENTS
A.Verify alignment of rails within of 1/16" in 100'-0". Provide rail alignment and secure joints without gaps and file any irregularities to a smooth surface.

B.Balance car to equalize pressure of guide shoes on guide rails.

C.Lubricate all equipment in accordance with Manufacturer’s MCP recommendations.

3.6CLEANING
A.Adequately protect surfaces against accumulation of paint, mortar, mastic or damage during shipment and installation.

B.Keep work areas clean during the progress of project. Remove debris materials daily.

C.Clean machine room equipment and floor.

D.Remove all protective packaging and clean hoistway, car, car enclosure, entrances, operating and signal fixtures.

3.7ACCEPTANCE REVIEW AND TESTS
A.Contractor is responsible for Code Authority acceptance inspection performed and complete corrective work. Re-inspection costs due to the Contractor shall be included at no cost by the Contractor.

3.8PURCHASER’S INFORMATION
A.See Section 01700, Final Contract Compliance Review.

END OF SECTION
SECTION 055000 - METAL FABRICATIONS

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1. PART 1 GENERAL

1.1 SECTION INCLUDES
A. Shop fabricated ferrous metal items and prime painted.

B. Schedule of metal fabrications.

1.2 REFERENCES
A. ASTM A36 - Structural Steel.

B. ASTM A53 - Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless.

C. ASTM A123 - Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products.

D. ASTM A153 - Zinc Coating (Hot-Dip) on Iron and Steel Hardware.

E. ASTM A307 - Carbon Steel Externally Threaded Standard Fasteners.

F. ASTM A492 - Standard Specification for Stainless Steel Rope Wire.

G. ASTM A500 - Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes.

H. ASTM A780 - Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings I. AWS A2.4 - Standard Welding Symbols.

J. AWS D1.1 - Structural Welding Code - Steel.

1.3 QUALIFICATIONS
A. Welders' Certificates: Submit under provisions of Section 01 33 00, certifying welders employed on the Work, verifying AWS qualification within the previous 12 months.

1.4 FIELD MEASUREMENTS
A. Verify that field measurements are as indicated on Drawings.

2. PART 2 PRODUCTS

2.1 MATERIALS
A. Steel Sections: ASTM A36.

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B. Steel Tubing: ASTM A500, Grade B.

C. Plates: ASTM A36.

D. Pipe: ASTM A53, Grade B, Schedule 40.

E. Bolts, Nuts, and Washers: ASTM A307 galvanized to ASTM A153 for galvanized components.

F. Welding Materials: AWS D1.1; type required for materials being welded.

G. Shop and Touch Up Primer: SSPC 15, Type 1, red oxide.

H. Touch-Up Primer for Galvanized Surfaces: SSPC 20.

2.2 FABRICATION, GENERAL
A. Fit and shop assemble in largest practical sections, for delivery to site.

B. Fabricate items with joints tightly fitted and secured.

C. Continuously seal joined members by continuous welds unless indicated otherwise.

D. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush, and hairline. Ease exposed edges to small uniform radius.

E. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; unobtrusively located; consistent with design of component, except where specifically noted otherwise.

F. Supply components required for anchorage of fabrications. Fabricate anchors and related components of same material and finish as fabrication, except where specifically noted otherwise.

2.3 FINISHES
A. Clean surfaces of rust, scale, grease, and foreign matter prior to finishing.

B. Do not prime surfaces in direct contact with concrete or where field welding is required.

C. Prime paint items with one coat.

D. Galvanize assembled items to minimum 1.25 oz/sq ft zinc coating in accordance with ASTM A123.

E. Repair damaged galvanized surfaces in accordance with ASTM A780 Method A2.

F. Finish: Site paint exposed to view prime painted items under provisions of Section 09 90 00.

3. PART 3 EXECUTION

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3.1 EXAMINATION
A. Verify that field conditions are acceptable and are ready to receive work.

B. Beginning of installation means erector accepts existing conditions.

3.2 PREPARATION
A. Clean and strip primed steel items to bare metal where site welding is required.

B. Supply items required to be cast into concrete or embedded in masonry with setting templates, to appropriate sections.

3.3 INSTALLATION
A. Install items plumb and level, accurately fitted, free from distortion or defects.

B. Allow for erection loads, and for sufficient temporary bracing to maintain true alignment until completion of erection and installation of permanent attachments.

C. Field weld components indicated on Drawings.

D. Perform field welding in accordance with AWS D1.1.

E. After erection, prime welds, abrasions, and surfaces not shop primed, except surfaces to be in contact with concrete.

3.4 SCHEDULE
A. The Schedule is a list of principal items only. Refer to Drawing details for items not specifically scheduled.

B. Miscellaneous Framing and Supports: Steel not a part of structural steel framework as required to complete work; prime paint finish.

C. Bollards: Steel pipe, concrete filled, crowned cap, as detailed; prime paint finish.

D. Opening Frames for Overhead Doors and Wall Openings: Structural sections; prime paint finish.

E. Elevator Hoist Way Beams: Structural sections as detailed, prime paint finish.

F. Elevator Door Sill Supports: Steel shapes as detailed, prime paint finish.

END OF SECTION
SECTION 099000 – PAINTING

1. PART 1 GENERAL

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1.1 SECTION INCLUDES
A. Surface preparation.

B. Products and application.

C. Surface finish schedule.

1.2 SUMMARY OF PAINTED SUBSTRATES
A. Section includes the application of paint systems on the following interior substrates:

1. Primed or unprimed steel.

2. Galvanized metal.

3. Steel handrails, guardrails and fittings.

4. Steel doors, frames and lights.

5. Access doors and frames.

6. Horizontal and vertical gypsum board.

7. Plaster.

8. Wall louvers.

9. Electrical panel board covers.

B. Section includes the application of paint systems on the following exterior substrates:

1. Concrete.

2. Primed or unprimed steel.

3. Decorative metal fencing.

4. Bollards.

5. Sheet metal flashing and trim.

6. Sheet metal gutters and downspouts.

7. Steel pipe downspouts.

8. Steel doors, frames and lights.

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9. Glass frames in steel and wood doors.

10. Portland cement plaster (stucco).

11. Wall louvers.

12. Mechanical roof mounted equipment.

13. Electrical panel board covers.

C. Substrate listings are for principal surfaces only. Refer to drawings, details and individual specification sections for items, surfaces, and substrates not specifically listed.

1.3 REFERENCES
A. ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products.

B. SSPC - The Society for Protective Coatings.

1.4 SYSTEM DESCRIPTION
A. Preparation of all surfaces to receive final finish.

B. Painting and finishing work of this section using coating systems of materials including primers, sealers, fillers, and other applied materials whether used as prime, intermediate, or finish coats.

C. Surface preparation, priming, and finish coats specified in this Section are in addition to shop- priming and surface treatment specified under other Sections.

D. Painting and finishing all exterior and interior surfaces of materials including structural, mechanical, and electrical work on site, in building spaces, and above or on the roof.

E. Paint exposed surfaces except where a surface or material is specifically indicated not to be painted or is to remain natural. Where an item or surface is not specifically mentioned, paint the same as similar adjacent materials or surfaces.

1.5 DEFINITIONS
A. Conform to ASTM D16 for interpretation of terms used in this Section.

1.6 QUALITY ASSURANCE
A. Product Manufacturer: Company specializing in manufacturing quality paint and finish products with five years experience.

B. Applicator: Company specializing in commercial painting and finishing with five years documented experience.

C. Coats: The number of coats specified is the minimum number acceptable. If full coverage is not obtained with the specified number of coats, apply such additional coats as are necessary to produce the required finish.

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D. Employ coats and undercoats for all types of finishes in strict accordance with the recommendations of the paint manufacturer.

E. Provide primers and undercoat paint produced by the same manufacturer as the finish coat.

F. The minimum dry film thickness of each coat of paint shall comply with the manufacturer's recommendations for each type of paint used.

1.7 REGULATORY REQUIREMENTS
A. Comply with applicable codes and regulations of governmental agencies having jurisdiction including those having jurisdiction over airborne emissions and industrial waste disposal. Where those requirements conflict with this specification, comply with the more stringent provisions.

B. Comply with the current applicable regulations of the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA).

1.8 SUBMITTALS
A. Submit product data under provisions of City’s Division 01 General Requirements.

B. Submit samples under provisions of City’s Division 01 General Requirements.

C. Submit two samples 8-1/2 x 11 inch in size of each paint color and texture applied to cardboard.

Resubmit samples until acceptable color, sheen and texture is obtained.

D. On same species and quality of wood to be installed, submit two 4 x 8 inch samples showing system to be used for varnishes and stains.

1.9 FIELD SAMPLES
A. Provide field samples under provisions of City’s Division 01 General Requirements.

B. On wall surfaces and other exterior and interior components, duplicate specified finishes on at least 100 sq.ft. of surface area.

C. Provide full-coat finishes until required coverage, sheen, color and texture are obtained.

D. Simulate finished lighting conditions for review of field samples.

E. After finishes are accepted, the accepted surface may remain as part of the work and will be used to evaluate subsequent coating systems applications of a similar nature.

1.10 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to site and store and protect under provisions of City’s Division 01 General Requirements.

B. Deliver products to site in sealed and labeled containers; inspect to verify acceptance.

C. Container labeling to include manufacturer's name, type of paint, brand name, brand code,

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coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. Paint containers not displaying product identification will not be acceptable.

D. Store paint materials at minimum ambient temperature of 50 degrees F and a maximum of 90 degrees F, in well ventilated area, unless required otherwise by manufacturer's instructions.

E. Take precautionary measures to prevent fire hazards and spontaneous combustion.

1.11 ENVIRONMENTAL REQUIREMENTS
A. Provide continuous ventilation and heating facilities to maintain interior surface and ambient temperatures above 50 degrees F with a maximum humidity level of 50 percent for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions.

B. Do not apply exterior coatings during rain or snow, or when relative humidity is above 50 percent, unless required otherwise by manufacturer's instructions.

C. Minimum Application Temperatures for Latex Paints: 50 degrees F for interiors; 50 degrees F for exterior; unless required otherwise by manufacturer's instructions.

D. Minimum Application Temperature for Varnish and Urethane Finishes: 65 degrees F for interior or exterior, unless required otherwise by manufacturer's instructions.

E. Provide lighting level of 80 foot candles measured mid-height at substrate surface.

1.12 EXTRA MATERIAL
A. Provide a one gallon unopened container of each color to Owner.

B. Label each container with color, texture, and room locations in addition to the manufacturer's label.

2. PART 2 PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS - PAINT
A. Unless specifically identified otherwise, product designations included in this section are those that are manufactured and distributed by the Dunn-Edwards Corporation, www.dunnedwards.com and shall serve as the basis of design standard for kind, quality, performance and function.

B. Subject to full compliance with specified requirements, other manufacturers offering equivalent products are:

1. Benjamin Moore Paints, www.benjaminmoore.com.

2. Kelly-Moore Paint Company, www.kellymoore.com.

3. Sherwin Williams, www.sherwin-williams.com.

4. Vista Paint Corporation, www.vistapaint.com.

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C. Substitutions: Under provisions of City’s Division 01 General Requirements.

2.2 MATERIALS
A. Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating.

B. Good flow and brushing properties; capable of drying or curing free of streaks or sags.

C. “Deep Tone” colors to be composed of 100 percent acrylic pigments with a colored base.

D. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality.

2.3 FINISHES
A. Refer to schedule at end of Section for surface finish schedule.

3. PART 3 EXECUTION

3.1 INSPECTION
A. Verify that surfaces are ready to receive work as instructed by the product manufacturer.

B. Examine surfaces to be finished prior to commencement of work. Report any condition that may potentially affect proper application.

C. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums:

1. Plaster and Gypsum Wallboard : 12 percent.

2. Masonry, Concrete, and Concrete Unit Masonry : 12 percent.

3. Interior Located Wood : 15 percent.

4. Exterior Located Wood : 15 percent.

D. Beginning of installation means acceptance of existing surfaces.

3.2 SURFACE PREPARATION - GENERAL
A. Remove electrical plates, hardware, light fixture trim, and fittings prior to preparing surfaces or finishing.

B. Remove all finish hardware from doors and frames prior to preparing surfaces or finishing.

C. Correct minor defects and clean surfaces which affect work of this Section.

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D. Gypsum Board: Repair all voids, nicks, cracks and dents with patching materials and finish flush with adjacent surface. Latex fill minor defects. Spot prime defects after repair.

E. Plaster: Fill hairline cracks, small holes, and imperfections with latex patching plaster. Make smooth and flush with adjacent surfaces. Wash and neutralize high alkali surfaces.

F. Uncoated Steel and Iron: Remove grease, scale, dirt, and rust. Where heavy coatings of scale are evident, remove by wire brushing or sandblasting; clean by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned.

Prime paint after repairs.

G. Shop Primed Steel: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime paint steel surfaces.

H. Exterior Wood: Remove dust, grit, and foreign matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted exterior caulking compound after prime coat has been applied.

I. Wood Doors: Seal top and bottom edges with 2 coats of spar varnish sealer.

3.3 PROTECTION OF ADJACENT WORK
A. Protect elements surrounding the work of this Section from damage or disfiguration.

B. Repair damage to other surfaces caused by work of this Section.

C. Furnish drop cloths, shields, and protective methods to prevent spray or droppings from disfiguring other surfaces.

D. Remove empty paint containers from site.

3.4 WORK NOT TO BE PAINTED
A. Painting is not required on surfaces in concealed and inaccessible areas such as furred spaces, foundation spaces, utility tunnels, pipe spaces and duct shafts.

B. Do not paint metal surfaces such as stainless steel, chromium plate, brass, bronze, and similar finished metal surfaces.

C. Do not paint anodized aluminum or other surfaces which are specified to be factory pre-finished.

D. Do not paint sandblasted or architecturally finished concrete surfaces.

E. Do not paint prefinished acoustic materials or acoustic suspension systems.

F. Do not paint over Underwriters Laboratories, Factory Mutual or other code-required labels or identifications.

3.5 APPLICATION
A. Apply products in accordance with manufacturer's instructions.

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B. Do not apply finishes to surfaces that are not dry.

C. Apply prime coat to surfaces which are to be painted or finished.

D. Apply each coat to uniform finish.

E. Apply each coat of paint slightly darker than preceding coat unless otherwise approved.

F. Sand lightly between coats to achieve required finish.

G. Allow applied coat to dry before next coat is applied.

H. The number of coats specified is the minimum that shall be applied. Apply additional coats when undercoats, stains or other conditions show through final paint coat, until paint film is of uniform finish, color and appearance.

I. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface.

J. Prime back surfaces of interior and exterior woodwork with primer paint.

K. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with mineral spirits.

L. Paint mill finished door seals to match door or frame.

M. Paint primed steel glazing stops in doors to match door or frame.

N. Cloudiness, spotting, lap marks, brush marks, runs, sags, spikes and other surface imperfections will not be acceptable.

O. Where spray application is used, apply each coat of the required thickness. Do not double back to build up film thickness of two coats in one pass.

P. Where roller application is used, roll and redistribute paint to an even and fine texture. Leave no evidence of roller laps, irregularity of texture, skid marks, or other surface imperfections.

3.6 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT]
A. Paint shop primed equipment. Do not paint shop prefinished items.

B. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately.

C. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports, except where items are prefinished.

D. Replace identification markings on mechanical or electrical equipment when painted accidentally.

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E. Paint interior surfaces of air ducts, and connector and baseboard heating cabinets that are visible through grilles and louvers with one coat of flat black paint, to limit of sight line. Paint dampers exposed behind louvers, grilles, and connector and baseboard cabinets to match face panels.

F. Paint exposed conduit and electrical equipment occurring in finished areas.

G. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment.

H. Replace electrical plates, hardware, light fixture trim, and fittings removed prior to finishing.

I. Paint grilles, registers, and diffusers which do not match color of adjacent surface.

J. Paint all mechanical and electrical equipment, vents, fans, and the like occurring on roof.

K. Do not paint moving parts of operating units; mechanical or electrical parts such as valve operators; linkages; sensing devices; and motor shafts.

L. Do not paint over labels or equipment identification markings.

M. Do not paint mechanical room specialties such as compressors, boilers, pumps, control panels, etc.

N. Do not paint switch plates, light fixtures, and fixture lenses.

3.7 CLEANING
A. As Work proceeds, promptly remove paint where spilled, splashed, or spattered.

B. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris.

C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers and remove daily from site.

3.8 PROTECTION OF COMPLETED WORK
A. Protect finished installation under provisions of City’s Division 01 General Requirements.

B. Erect barriers and post warning signs. Maintain in place until coatings are fully dry.

C. Confirm that no dust generating activities will occur following application of coatings.

3.9 PATCHING
A. After completion of painting in any one room or area, repair surfaces damaged by other trades.

B. Touch-up or re-finish as required to produce intended appearance.

3.10 FIELD QUALITY CONTROL

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A. Field inspection and testing will be performed under provisions of City’s Division 01 General Requirements.

B. The Owner reserves the right to invoke the following test procedure at any time and as often as the Owner deems necessary.

C. The Owner will engage the services of an independent testing agency to sample paint material being used.

D. Samples of material delivered to the Project will be taken, identified, sealed, and certified in the presence of the Contractor.

E. The testing agency will perform appropriate quantitive materials analysis and other characteristic testing of materials as required by the Owner.

F. If test results show materials being used and their installation do not comply with specified requirements or manufacturer's recommendations, the Contractor may be directed to stop painting, remove noncomplying paint, pay for testing and repaint surfaces to acceptable condition.

3.11 COLOR SCHEDULE
A. Paint and finish colors shall be selected by the Architect from manufacturer's entire range of standard and custom color selections and special colors selected to match or compliment the colors of other materials, equipment, or components which comprise the work.

B. Access doors, registers, exposed piping, electrical conduit and mechanical/electrical panels:

Generally the same color as adjacent walls.

C. Exterior and interior steel doors, frames and trim: Generally a contrasting color to adjacent walls.

D. Doors generally are all the same color, but of a contrasting color from frame and trim.

E. Exterior and interior steel fabrications: Generally a contrasting color to adjacent walls.

F. Exposed interior mechanical/ductwork: Generally a contrasting color to adjacent walls or ceiling.

G. Ceilings are generally to be painted a different color than walls.

H. Approximately 20 percent of overall painting work will be required to be "Deep Tone" colors.

This work will require one additional coat of paint beyond that as specified.

3.12 SCHEDULE - EXTERIOR SURFACES
A. Concrete (Flat Acrylic)
1st coat: ESPROO Eff-Stop Premium
2nd coat: EVSH10 Evershield
3rd coat: EVSH10 Evershield

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B. Cement Plaster (Flat Elastomeric)
1st coat: FPSL00 Flex Prime Select
2nd coat: EDLX10 Enduralastic 10
3rd coat: EDLX10 Enduralastic 10
C. Steel - Primed or Unprimed (Eggshell Urethane Alkyd Enamel) 1st coat: BRPR00 Bloc-Rust Premium
2nd coat: ASHL30 Aristoshield
3rd coat: ASHL30 Aristoshield
D. Steel - Galvanized (Eggshell Urethane Alkyd Enamel)
1st coat: Supreme Chemical Metal Clean and Etch SCME-01 2nd coat: ULGM00 Ultrashield Galvanized Metal Primer
3rd coat: ASHL30 Aristoshield
4th coat: ASHL30 Aristoshield

3.13 SCHEDULE - INTERIOR SURFACES
A. Steel - Primed or Unprimed (Eggshell, Urethane Alkyd Enamel) 1st coat: BRPR00 Bloc-Rust Premium
2nd coat: ASHL30 Aristoshield
3rd coat: ASHL30 Aristoshield
B. Steel - Galvanized (Eggshell, Urethane Alkyd Enamel) 1st coat: ULGM00 Ultrashield Galvanized Metal Primer
2nd coat: ASHL30 Aristoshield
3rd coat: ASHL30 Aristoshield
C. Gypsum Board (Eggshell Acrylic)
1st coat: VNPROO Vinylastic Premium
2nd coat: SPMA30 Suprema
3rd coat: SPMA30 Suprema
D. Gypsum Board (Semi-Gloss Acrylic)
1st coat: VNPROO Vinylastic Premium
2nd coat: SPMA50 Suprema
3rd coat: SPMA50 Suprema

END OF SECTION

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City of San Mateo
Contract Book – Volume 3
Central Garage
Elevator Modernization
City Project No. 46F035
Technical Specifications
October 26, 2023

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SECTION 14250 – ELEVATOR MODERNIZATION
PART 1 – GENERAL

1.2WORK INCLUDED
A.Improve one (1) hydraulic elevator at Central Parking Garage, 315 S. Ellsworth Street, San Mateo, CA 94401.

B.All engineering, equipment, labor, and permits required to satisfactorily complete elevator modernization required by Contract Documents.

C.Applicable conditions of General, Special, and Supplemental Conditions and all sections listed in Contract Documents.

D.Cartage and Hoisting: All required staging, hoisting and movement to, on and from the site including new equipment, reused equipment, or dismantling and removal of existing equipment.

E.Provide new equipment unless equipment is specifically identified as “Retain,” or “Refurbish.” F.Removal and lawful disposal of any existing equipment not specifically being re-used in the elevator modernization.

1.2 RELATED WORK BY CONTRACTOR
D.Hoistway and Pit:

1. Wall blockouts and fire rated closure for control and signal fixture boxes which penetrate walls.

2. Cutting and patching walls and floors.

3. Opening in hoistway wall or pit wall for hydraulic piping. Trench and back fill under- ground piping.

4. Pit access stationary ladder for each elevator. Retractable ladder if provided shall include an electrical contact conforming to ASME A17.1, Rule 2.2.2.4.2.7.

5. Protect car enclosure, hoistway entrance assemblies, and special metal finishes from damage.

6. Paint pit floor. Floors to be painted deck gray. Floor paint to be high impact resistant epoxy based.

7. Hole in pit floor, 3'-0" square, to facilitate installation of protective secondary containment casing by Elevator Contractor. Fill hole with concrete after jack installation.

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Seal pit with non-permeable epoxy.

E.Machine Room and Machinery Spaces:

1. Ventilation and heating. Maintain minimum temperature of 55° F, maximum 90° F.

Maintain maximum 80% relative humidity, non-condensing.

2. Paint floor. Floors to be painted deck gray. Floor paint to be high impact resistant epoxy based.

3. Fire sprinkler removal or installation where required.

4. Coordinate secondary containment of pump unit oil reservoir with elevator contractor.

F.Electrical Service, Conductors and Devices:

1. Lighting and GFCI convenience outlets in pit, machine room, and overhead machinery spaces. Provide one additional non-GFCI convenience outlet in pit for sump pump and oil return pump.

2. Three-phase mainline copper power feeder with true earthen grounding to terminals of each elevator controller in the machine room with protected, lockable “open” disconnect- ing means with auxiliary contacts to allow Elevator Contractor to electronically interlock battery power lowering unit.

3. Provide lighting fixtures in machine room that are above existing controllers to provide 19 fc of illumination throughout the machine room.

4. Replace existing unguarded lighting in each pit with guarded fluorescent lighting to pro- vide 10 fc of illumination throughout the pit. Lighting should be mounted lower than the current position so that the new extended 48" toe guard installed on the elevator cabs does not strike the new lighting. Install 4’ dual bulb led light.

5. Install GFCI convenience outlets in pit and machine room.

6. Single-phase copper power feeder to each elevator controller for car lighting and exhaust blower with individual protected, lockable “open” disconnecting means located in ma- chine room.

7. Emergency telephone line to designated elevator control panel in elevator machine room.

8. Fire alarm initiating devices in each elevator lobby for each group of elevators or single elevator and each machine room to initiate firefighters’ return feature. Device at top of hoistway if sprinklered. Provide alarm initiating signal wiring from hoistway or machine room connection point to elevator controller terminals. Device in machine room and at top of hoistway to provide signal for general alarm and discrete signal for Phase II fire- fighters’ operation.

9. Temporary power and illumination to install, test, and adjust elevator equipment.

10. Means to automatically disconnect power to affected elevator pump unit and controller prior to activation of machine room fire sprinkler system and/or hoistway fire sprinkler system. Manual shut-off means shall be located outside bounds of machine room.

11. When sprinklers are provided in the hoistway all electrical equipment located less than 4'- 0" above the pit floor shall be identified for use in wet locations. Exception: seismic pro- tection devices.

12. Single-phase power feeders to firefighters’ control panel.

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13. Single-phase power feeder to elevator intercom amplifier in the elevator machine room.

1.10DEFINITIONS
A.Terms used are defined in the latest edition of the Safety Code for Elevators and Escalators, ASME A17.1.

B.Reference to a device or a part of the equipment applies to the number of devices or parts required to complete the installation.

C.The term “Purchaser” shall refer to the Owner.

D.Provisions of this specification are applicable to all elevators unless identified otherwise.

1.11QUALITY ASSURANCE
A.Qualified and Approved Contractors: Alternate Contractors must receive approval of Purchaser and or Consultant at least 14 calendar days prior to bid date.

1.Control Systems: OEM, Motion Control Engineering (MCE), Smartrise Engineering, Elevator Controls.

2.Hydraulic Power Unit and Accessories: OEM, MEI, Canton.

3.Door Operator Equipment: ECI VF2500, GAL MOVFR, OEM linear.

4.Signal Fixtures: Innovation Industries, OEM.

B.Warranty:

1.Contractor shall warrant the equipment installed under the specifications against defect in material and quality of installation and correct any defects, unless due to unordinary wear and tear or improper use or care by Purchaser.
a.Defective is defined to include, but not limited to; operational system failures, car performance, unusual degradation of materials or finishes, unsafe conditions, the need for excessive maintenance, unusual wear, abnormal noise or vibration, and related unsatisfactory conditions.
b.Retained Equipment: All retained equipment and components shall be checked and cleaned or repaired to be suitable for reuse and covered under preventative maintenance by the Contractor. All retained equipment shall integrate with newly installed systems.
c.Modify or adjust equipment to meet performance requirements of Contract Documents.

1.12APPLICABLE CODES
A.Work specified by the Contract Documents shall be in compliance with applicable Federal, State, and municipal codes and ordinances in effect at the time of Contract execution. Requirements of the Authority Having Jurisdiction shall be completed by the Contractor and Subcontractors.

The entire alteration, when completed shall Comply with most stringent applicable provisions

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of following Codes, laws, and/or Authorities, including revisions and changes in effect:

1.Safety Code for Elevators and Escalators, ASME A17.1

2.Guide for Inspection of Elevators, Escalators, and Moving Walks, ASME A17.2

3.Elevator and Escalator Electrical Equipment, ASME A17.5

4.National Electrical Code, NFPA 70

5.Americans with Disabilities Act, ADA

6.Uniform Federal Accessibility Standard, UFAS

7.Local Fire Authority

8.Requirements of most stringent provision of local applicable building code within the governing jurisdiction.

9.Life Safety Code, NFPA 101.

10.California Accessibility Standards, Title 24 Chapter 11b.

11.California Code of Regulations Title 8 and California Building Code Title 24 B.Abbreviated symbols
AHJ Authority having Jurisdiction
AIA American Institute of Architects
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWS American Welding Society
IBC International Building Code
IEEE Institute of Electrical and Electronics Engineers
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protections Agency
OSHA Occupational Safety and Health Act

1.13DOCUMENT AND SITE VERIFICATION
A.Submission of a bid will be considered evidence that the bidder has made themselves fully aware of the Contract requirements, scope of work, building access, related work required by other trades, existing equipment, as well as any requirements of the local authority, manpower requirements and has made proper allowance for all contingencies.

B.Any discrepancies, omissions or items requiring clarification found by bidders in the Contract Documents shall be submitted in writing directly to the Consultant for clarification. All bidders will be notified of clarifications in writing.

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C.Contractor shall be responsible for verifying all dimensions, data and site conditions.

1.14SUBMITTALS
A.Prior to beginning equipment fabrication, submit shop drawings and required material samples for review. Allow 15 days for response to initial submittal and include the following:

1.Power Confirmation Information: Design for existing conditions.

2.Fixture drawings.

B.Acknowledge and/or respond to review comments within 10 calendar days of return.

Incorporate required changes so that delivery and installation schedules are not affected.

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C.Approval of the drawings and cuts by Owner’s designee or Consultant shall be for general arrangement only and does not include measurements which are the Contractor’s responsibility or approval of variations from the contract documents required by the AHJ.

D.Submittal review shall not be construed as an indication that submittal is correct or suitable, or that the work represented by submittal complies with the Contract Documents.

1.15PERMIT, TEST AND INSPECTION
A.Obtain and pay for permit, license, and inspection fee necessary to complete installation.

B.Perform test required by Governing Authority in accordance with procedure described in ASME A17.2 Guide for Inspection of Elevators, Escalators, and Moving Walks in the presence of Authorized Representative.

C.Supply personnel and equipment for test and final review by Consultant.

1.16MAINTENANCE
A.Warranty Maintenance:

1.Provide preventive maintenance and 24-hour emergency callback service for one year commencing on date of final acceptance by Purchaser. Final acceptance shall be in writing and after the final inspection is turned over by the AHJ. Monthly, examine, adjust, clean, and lubricate all equipment. Repair or replace defective parts using parts produced by the Contractor of installed equipment. Maintain elevator machine room, hoistway, and pit in clean condition.

2.Use licensed and competent personnel, acceptable to Purchaser.

3.The warranty maintenance period specified above shall be extended one (1) month for each three (3) month period in which equipment related failures average more than .25 per unit per month.

4.Purchaser retains the option to delete cost of warranty maintenance from new equipment contract and remit twelve (12) equal installments directly to Contractor during period in which maintenance is being performed.

5.The Elevator Contractor shall contact ownership approximately two months prior to the end of the contract term. The Owner will make a thorough maintenance inspection of all elevators covered under the contract. At the conclusion of this inspection, the Owner shall give the Contractor written notice of any deficiencies found. The contractor shall be responsible for correction of these deficiencies within thirty days after receipt of such notice.

B.Interim Maintenance:

1.Provide pro-active preventive maintenance service with 24-hour service on elevators described herein for a period from notice to proceed, verbal or written, until each unit

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is removed from building service for modernization. 24-hour service begins when the first car is removed from service in occupied buildings. In addition, furnish interim preventive maintenance on completed units until the modernization of each group of elevators is complete and one-year warranty maintenance, defined in Item 1.02 below, is commenced. Cost of interim maintenance shall not be included as part of modernization quotation. Indicate costs on a per-unit basis for interim maintenance as requested on quotation form.

Costs for interim maintenance shall be paid by Purchaser separately and monthly based upon the number of units in service. Perform interim maintenance based upon terms and conditions of owners contract.

2.Use licensed and competent personnel, acceptable to Purchaser.

3. Provide interim maintenance in accordance with City of San Mateo contract C.Preventive Maintenance

1.Use licensed and competent personnel, acceptable to Purchaser.

2.Maintenance shall include systematic examination, adjustment and lubrication of all equipment, including repair and replacement of electrical and mechanical parts of the system.

3.Adequate stock of spare parts for emergency callbacks shall be stored onsite.

4.Additional parts or equipment required for maintenance and repair of the system shall be available within 4 hours of the project site. Other items not normally stocked must be available within 24 hours for delivery. Overnight charges are the responsibility of the Contractor.
.

5.Provide preventive maintenance in accordance with City of San Mateo contract.

PART 2 - PRODUCTS

2.13SUMMARY
A.Elevator 1
B.Provide New, Alter, or Retain as required below.

State ID: elev. 1: 59503 R = Retain
N = New
A = Alter
N/A = Not Applicable
SPEED: 150 FPM R

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CAPACITY: 2500 lbs. R
ENTRANCE SIZE: 42”x 84” SSSO R
STOPS/LANDINGS 5 R
CONTROLS: MCE 1000 N
ENCODER: Digital N
PUMP UNIT: Submersible N

HOISTWAY EQUIPMENT
(BUFFERS AND PIT EQUIPMENT):

R
CAR SLING: R
ROLLER GUIDES: N
PLATFORM: R
CAR DOOR OPERATOR: N
CAR DOOR EQUIPMENT: N
RAILS/SUPPORTS: R
HOISTWAY DOOR EQUIPMENT: N
HOISTWAY ENTRANCE FRAMES: R/A
HOISTWAY DOOR PANELS: R
HOISTWAY DOOR SILLS: R

HOISTWAY WIRING TRAVELING
CABLES:

N

HYDRAULIC CYLINDER N
CAR OPERATING PANELS: N
HALL PUSHBUTTONS: N
HALL LANTERNS: N/A
CAR POSITION INDICATORS: N
CAB INTERIOR FINISHES: N
MACHINE ROOM: A
MACHINE ROOM LIGHTING: A
MACHINE ROOM OUTLETS: A
MACHINE ROOM ACCESS: R

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MACHINE DISCONNECT SWITCH: N

COOLING/HEATING MACHINE
ROOM:

R/A
PIT LIGHTING: A
PIT OUTLETS: A
HOISTWAY VENTING: R

2.14MATERIALS
A.Steel:

1.Sheet Steel (Furniture Steel for Exposed Work): Stretcher-leveled, cold- rolled, commercial quality carbon steel, complying with ASTM A366, matte finish.

2.Sheet Steel (for Unexposed Work): Hot-rolled, commercial quality carbon steel, pickled and oiled, complying with ASTM A568/A568M-03.

3.Structural Steel Shapes and Plates: ASTM A36.

B.Stainless Steel: Type 316, or approved equal; complying with ASTM A240, with standard tempers and hardness required for fabrication, strength and durability. Apply mechanical finish on fabricated work in the locations shown or specified, (Federal Standard and NAAMM nomenclature). Protect with adhesive paper covering.

1.Satin: Directional polish finish (US 32D). Graining directions as shown or, if not shown, in longest dimension.

C.Aluminum: Extrusions per ASTM B221; sheet and plate per ASTM B209.

D.Plastic Laminate: ASTM E84 Class A and NEMA LD3.1, Fire-Rated Grade (GP-50), Type 7,

0.050” ±.005” thick, color and texture as follows;

1.Exposed Surfaces: Color and texture selected by Owner’s Representative.

2.Concealed Surfaces: Contractor’s standard color and finish.

E.Paint: Clean exposed metal parts and assemblies of oil, grease, scale, and other foreign matter and factory paint one shop coat of standard rust-resistant primer. After erection, provide one finish coat of industrial enamel paint.

F.Glass: Laminated safety glass, minimum 9/16” thick, conforming to ANSI Z97.1 and CPSC 16 CFR Part 1201.

2.15CAR AND GROUP PERFORMANCE
A.Speed: within ± 10% of contract speed under any loading condition.

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B.Leveling: within ±1/4" under any loading condition.

C.Door Opening Time: From start of opening to fully open:

1.Car 1: 3.1 seconds.

D.Door Closing Time: From start of closing to fully closed:

1.Car 1: 4.0 seconds.

E.Car Floor-to-Floor Performance Time: From start of doors closing until doors are 3/4 open (1/2 open for side opening doors) and car level and stopped at next successive floor under any loading condition or travel direction (132” typical floor height):

1.Car 1: 14.1 seconds.

F.Car Ride Quality:

1.Horizontal acceleration within car during all riding and door operating conditions.

Not more than 20 mg peak to peak (adjacent peaks) in the 1 - 10 Hz range.

2.Acceleration and Deceleration: Smooth constant and not less than 3 feet/second² with an initial ramp between 0.5 and 0.75 second.

3.Sustained Jerk: Not less than 6 feet/second³.

G.Noise:

1.Measured noise level of elevator equipment during operation shall not the following:
a.Car at rest with doors closed, fan running - 55 dba.
b.Door in operation - 60 dba.

H.Vibration:

1.Isolate power unit, controller, oil supply lines and their supports from the building.

Electrically isolate the equipment from the building power supply and to each other to reduce the potential noise and vibrations transmitted to adjacent occupants.

2.16OPERATION Elevator 1
A.Selective Collective

1.Approved microprocessor-based, car and motion control systems as follows:
a.Kone: Resolve
b.Otis: Elevonic
c.Schindler 330A
d.Mitsubishi: AI-2100N
e.TKE: TAC 32
f.MCE: HMC
g.Smartrise

2.Provide selective collection operation operating from a single hall riser.

3.Do not reverse car direction until all car calls have been answered.

4.Slow car and stop automatically at floors corresponding to registered calls, in the order

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in which they are approached in either direction of travel. As slowdown is initiated for a hall call, automatically cancel hall call. Cancel car calls in the same manner. Hold car at arrival floor an adjustable time interval to allow passenger transfer.

5.Answer calls corresponding to direction in which car is traveling unless call in the opposite direction of the call registered.

6.Illuminate pushbutton to visually indicate call registration.

7.Provide zone programming features to park car at the designated landing selected by the Owner.

B.Low Oil Control: in the event oil levels is insufficient for travel to the top floor, provide controls to return elevator to the main level and park until oil is added.

C.Independent Service: Provide controls for operation of each car from its pushbuttons only.

Close doors by constant pressure on desired destination floor button or door close button.

Open doors automatically upon arrival at selected floor.

D.Firefighters’ Service: Provide equipment and operation in accordance with Code requirements.

E.Automatic Car Stopping Zone: Stop car within 1/4" above or below the landing sill. Maintain stopping zone regardless of load in car or direction of travel.

F.Motion Control: AC type with unit valve suitable for operation specified and capable of providing smooth, comfortable car acceleration and retardation. Limit the difference in car speed between full load and no load to not more than ±10% of the contract speed in either direction of travel.

G.Standby Lighting and Alarm: Car mounted battery unit with solid-state charger to operate alarm bell and car emergency lighting. Battery to be rechargeable with minimum five-year life expectancy. Include required transformer. Provide constant pressure test button in service compartment of car operating panel. Provide lighting integral with portion of normal car lighting system.

H.Battery Lowering Device:

1.Upon loss of normal power, provide controls to automatically lower the cars to the nearest lower landing. Upon arrival at the nearest landing, the elevator doors shall open automatically and remain open until regular door time has expired. The elevator shall then become deactivated. The standby power source shall be provided via 12 volt D.C. battery units installed in machine room, including solid-state charger and testing means mounted in a common metal container. Battery to be rechargeable lead acid or nickel cadmium with a ten-year life expectancy.

2.Upon restoration of normal power, the elevator shall automatically resume normal operation.

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I.Door Operation: Automatically open doors when car arrives at main floor. At expiration of normal dwell time, close doors. Provide heavy door/variable air pressure feature for consistent specified door operation within appropriate speed and inertia limits. Car and hoistway doors shall be arranged to operate in unison without excessive noise or slamming in either direction of travel.

1.Door opening speeds of 1.5 feet per second shall be provided in conjunction with closing speeds of 1.0 feet per second in accordance with governing code. a.Door operation shall commence as the car stops level at the floor. Pre-door opening shall not be permitted.
b.The force necessary to prevent closing of the car and hoistway door from rest shall not exceed 30 lb. This force shall be measured on the leading edge of the door with the door at any point between one third and two thirds of its travel. c.The operation of the door protective device by the interruption during the close cycle shall cause the immediate reversing of the doors to the fully open position. d.The door closing cycle shall be arranged so that, in the event the door protective devices become continually obstructed after the normal door open dwell time has expired, and following a time interval of approximately thirty (30) seconds (adjustable), a warning tone shall sound and the door closing cycle shall commence at reduced speed and torque per applicable Code requirements.

J.Car Light and Fran Timer: Provide necessary logic and power relay to allow car lights and fan to turn off.

2.17MACHINE ROOM EQUIPMENT
A.Pump Unit:

1.Provide a new pump unit with oil heater.

2.Provide an adjustable valve capable of making adjustment without removal from the oil line with manual lowering.

3.Provide electronic soft start, design unit for 80 upstarts/hour.

4.Provide a heavy duty muffler to reduce noise and vibration.

5.Provide tank shut off valve for isolating oil in the pump unit.

6.Replace all Victaulic gaskets in retained lines and fittings.

B.Encoder: Provide new solid state encoder, driven by the elevator car to provide absolute digital hoistway position to elevator controller.

1.Update car position at each floor so that movement to a terminal landing or other specific floor is not necessary to establish car position.

2.Retain last known position in the event of power loss and automatically restore upon return of normal power. Include vanes and sensors to establish leveling and floor zones.

C.Controller: New microprocessor based, UL/CSA labeled.

1.Compartment: Provide listed enclosure, mounted on power unit or machine room

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wall with latching doors and means to prevent overheating.

2.Provide a solid-state starter.

3.Relay Design: Provide proven design with material for reliable operation without overheating or excessive wear. Provide wiping action and means to prevent sticking due to fusion. Contacts carrying high inductive currents shall be provided with arc deflectors or suppressors.

4.The manufacturer’s standard on-board “LCD” display shall be incorporated on the main processor board and/or otherwise incorporated in the controller cabinet.

5.Microprocessor-Related Hardware
a.Provide power supplies with noise suppression devices. b.Isolate inputs from external devices.
c.Design control circuits with adequate grounding.
d.Safety circuits shall meet all requirements of the AHJ. e.System shall automatically restart when power is restored.

6.Wiring: CSA labeled copper for factory wiring. Route all wiring interconnections and securely attach wiring connections to studs or terminals.

7.Permanently label all components and wiring.

8.Provide elevator designation identification numbers on controller enclosures.

D.Muffler: Provide in discharge oil line near pump unit. Design shall dampen and absorb pulsation and noise in the flow of hydraulic fluid.

E.Piping and Oil: Provide piping, connections and oil for the system. Buried piping shall be secondarily contained with watertight Schedule 40 PVC sleeves between elevator machine room and pit. A minimum of two sound isolation couplings shall be provided between the pump unit and oil line and the oil line and jack unit. Provide isolated pipe stands or hangers as required.

F.Shutoff Valve: Manual valve in line adjacent to pump unit. Provide second valve in pit adjacent to jack unit.

2.18HOISTWAY EQUIPMENT
A.Guide Rails: Retain guide rails in place. Inspect rails, brackets and fishplates to determine if unfavorable conditions exist.

1.Clean rails and brackets. Remove rust.

2.Check all rail and bracket fastenings and tighten.

B.Buffers: Retain existing.

1.Clean and paint. Label pit equipment.

C.Buffers: Provide new spring type with blocking and support channels.

D.Hydraulic Jack Assembly: Retain and refurbish existing.

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1.Cylinder: Retain existing and repack. Provide automatic scavenger pump to collect oil at cylinder head and return automatically to oil reservoir. Provide cylinder stabilizer bracketing between guide rails as required.

2.Plunger: Retain existing. Isolate plunger from car frame.

E.Hydraulic Jack Assembly: New

1.Cylinder: Seamless steel pipe. Design head to receive unit-type packing and provide means to collect oil at cylinder head and return automatically to oil reservoir. Provide sec- ondary containment/cylinder protection. Provide cylinder stabilizer bracketing between guide rails as required.

2.Plunger: Single stage. Polished seamless steel tubing or pipe. If plunger length exceeds 24", provide two or more sections not exceeding 16" in length, or coordinate installation of longer unit at the jobsite. Join sections by internal threaded couplings.

Multiple section jack units shall be factory polished while assembled and marked for proper future reas- sembly. Isolate plunger from car frame.

F.Jack Support and Fluid Shut-Off Valve: Retain existing steel pit channels to support jack assembly and transmit loads to building structure. Provide intermediate stabilizers as required. Provide manual on/off valve in oil line adjacent to pump unit and jack unit in pit.

G.Jack Support: Provide steel pit channels to support jack assembly and transmit loads to building structure. Provide intermediate stabilizers as required.

H.Overspeed Valve: Provide a pressure sensitive, mechanically-actuated seismic safety valve, conforming to ASME A17.1. Connect valve directly to jack assembly inlet.

I.Terminal Stopping: Provide required normal and final devices.

J.Electrical Wiring and Wiring Connections:

1.All wiring shall be stranded copper conductors, manufactured in compliance with ANSI/ASTM B174-71 and UL 62requirements, and polyvinyl chloride insulation complying with ETT requirements of UL 62 and Article 400 of the National Electric Code.

2.Electrical wiring provided for hoistway interlock shall be of a flame retardant type, capable of withstanding temperatures of at least 392 degrees Fahrenheit. Conductors shall be Type SF or equivalent.

3.Conductors and Connections: Copper throughout with individual wires coded and connections on identified studs or terminal blocks.

4.Provide 20% spare conductors throughout.

5.Provide four pairs of spare shielded communication wires in addition to those required to connect specified items. Tag spares in machine room.

6.Conduit: Painted or galvanized steel conduit, EMT or duct. Conduit size, 1/2” minimum.

Flexible heavy-duty service cord may be used between fixed car wiring and car door switches for door protective devices.

7.Traveling Cables: Flame and moisture-resistant outer cover. Install traveling to prevent twisting and rubbing against hoistway or equipment within hoistway.

8.Auxiliary Wiring: Connect all devices in each car controller in machine room.

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K.Hoistway Entrance Equipment: Retain and refurbish existing entrances. Refurbish/replace and adjust assemblies to ensure smooth and quiet mechanical open and close of doors.

1.Door Hangers and Rollers: provide new hangers and rollers.

2.Door Track: Provide new tracks.

3.Door Safety Retainers: provide safety retainers as required by ASME A17.1.

4.Door Interlocks: Replace all interlocks and relating equipment.

5.Door Closers: Provide new door closing equipment.

L.Hoistway Access Switches: Provide new switch at top and bottom floors.

M.Floor Numbers: Stencil paint 4" high floor designations in contrasting color on inside face of hoistway doors or hoistway fascia in location visible from within car.

2.19HOISTWAY ENTRANCES
A.Frames: Retain existing. Fix entrance at lobby. Provide Arabic floor designation/Braille plates, centered at 60" above finished floor, on both side jambs of all entrances B.Door Panels: Retain existing. Provide new gibs and fire tabs.

C.Sight Guards: Retain existing. Replace damaged astragals.

D.Sills: Retain existing. Check and tighten all sill fastenings.

E.Sill Supports: Retain existing. Check and tighten all fastenings.

F.Fascia, Toe Guards and Hanger Covers: Retain existing. Provide as required where damaged or missing. Check and tighten all fastenings.

G.Struts and Headers: Retain existing. Check and tighten all fastenings.

2.20CAR EQUIPMENT
A.Frame: Retain Existing. Check and tighten all fastenings. Individual car frame members, platform isolation framework, door operator support structure, related bracing and hardware shall be inspected for any indication of damage or distortion B.Platform: Retain existing. Check and tighten all fastenings.

C.Platform Apron: Provide new extended platform apron to meet Code.

D.Guide Shoes: Provide new. Roller type with three or more spring dampened, sound- deadening rollers per shoe and seismic retainer plates.

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E.Finish Floor Covering:

1.Coordinate with Owner’s installer if new finish floor coverings are selected.

F.Sills: Retain existing. Check and tighten all fastenings.

G.Doors: Provide new 16-gauge steel, sandwich construction without binder angles. Provide a minimum of two (2) gibs per panel. Construct door panels with interlocking, stiffening ribs.

Stainless steel #4 metal cladding shall wrap around leading and trailing edge of panel and return a minimum of 1/2" on rear side of leading edge of panel.

H.Door Hangers and Rollers: Provide new. Two-point hanger roller with polyurethane roller surface and suspension with eccentric upthrust roller adjustment.

I.Door Track: Provide new steel track with smooth roller contact surface.

J.Door Header: Provide a new door header configured for new door operator with stiffening flanges.

K.Door Electrical Contact: Provide new electrical contact.

L.Door Clutch: Provide a new heavy-duty clutch, linkage arms and all relating components to provide quiet door operation. Design clutch so car doors can be closed, while hoistway doors remain open.

M.Restricted Opening Device: Prevent car door opening outside the unlocking zone without plunger restrictor.

N.Door Operator: Provide a heavy-duty door operator on top of the elevator car enclosure for power opening and closing of the cab and hoistway entrance door panels. Provide solid-state door control with closed loop programmable circuitry. Provide consistent regardless of door weight or hoistway air pressure stack effect or varying conditions. Provide door opening speed averaging

1.5 feet per second and door closing speed of 1.0 feet per second. The door shall operate smoothly without a slam or abrupt motion in both the opening and closing cycle directions.

U.Reduce the closing speed as required to limit kinetic energy of closing doors to within values permitted by ASME A17.1 as may be adopted and/or modified by the AHJ.

V.Door Reopening Device:

1.Infrared Reopening Device: Provide infra-red reopening device the entire opening of the door. In event of device failure, provide for automatic shutdown of car at floor level with doors open.

2.Nudging Operation: Provide nudging to limit speed and torque in conjunction with door close signaling/closing and timing devices as permitted by ASME A17.1 as may be adopted and/or modified by the AHJ. Nudging shall be initiated by the signal control

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system and not from the door protective device.

3.Interrupted Beam Time: When reopening device is interrupted during initial door opening, hold door open a minimum of 3.0 seconds. When reopening device is interrupted after the initial 3.0 second hold open time, reduce time doors remain open to an adjustable time of approximately 1.0 - 1.5 seconds after beams are reestablished.

4.Door Timing: Adjust doors remain open after stopping in response to calls with the following:
a.Car Call: Car door hold open time adjusted between 3.0 and 5.0 seconds. b.Hall Call: Hall door hold open time adjusted between 5.0 and 8.0 seconds.

W.Car Operating Panel:

1.Provide one stainless car operating panel with vandal resistant operating fixtures mounted behind the car stationary front return panel. Faceplate shall be hinged and constructed of satin finish stainless steel.

2.Provide Braille to the left of operating buttons. Designations minimum of 5/8” high,

0.03” raised and stud mounted.

3.Provide “star” at main egress landing.

4.Configure plates per local building code accessibility standards including Braille.

5.Provide minimum 3/4" diameter raised floor pushbuttons which illuminate to indicate call registration.

6.Provide alarm button to ring bell located on car control panel with illumination.

7.Provide keyed stop switch in locked car service compartment.

8.Provide “door open” button.

9.Provide “door close” button engage door close cycle.

10.Provide firefighters’ Phase II key switch with engraved instructions filled red.

11.Provide self-locking service compartment with recessed flush door with matching finish and engraved capacity.

12.Include the following in lockable service cabinet:
a.Inspection switch.
b.Light switch.
c.Fan switch.
d.Independent service switch.
e.Constant pressure test button for battery pack emergency lighting. f.120-volt, AC, GFCI protected electrical convenience outlet. g.Card reader override switch.
h.Stop switch.
i.Switch to select either floor voice annunciation, floor passing tone, or chime. j.Car lighting dimmer switch.

13.Provide paint filled etched signage as follows:
a.Phase II firefighters’ operating instructions.
b.Car number on main car operating panel.
c.Car capacity in pounds on service compartment door.

X.Car Top Control Station: Mount on cartop handrail to provide safe access and operation while standing on cartop.

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Y.Work Light and Duplex Plug Receptacle: GFCI protected outlet at top of car with LED guarded lamps. Include on/off switch and lamp guard.

Z.Communication System:

1.A hands-free emergency voice communication system shall be furnished in each car mounted as an integral part of the car operating panel. System shall meet CBC 2019 requirements.

2.Provide a 4 hour power supply for communication devices under power loss.

3.Provide two-way communication between car and emergency personnel if required.

2.21CAR ENCLOSURE
A.Car Enclosure: Retain existing car shell and interior. Apply sound-deadening mastic to exterior. Remove cartop rust and paint cartop. Provide required modifications for new signal and pushbutton fixtures. Check and tighten all fasteners. Remove existing interior finishes, weigh, and document. Check and tighten all fastenings. Provide new interior finishes as specified herein. Verify weight of new interior finishes does not exceed weight of removed finishes by more than code allowable. Provide the following features:

1.Shell: Retain existing

2.Canopy: Retain existing

3.Front Return Panels and Integral Entrance Columns: retain, remove all scratches.

4.Transom: retain, remove all scratches.

5.Car Door Panels: Provide new.

6.Base: Stainless steel with concealed ventilation cutouts.

7.Interior wall finish: Removable panels, faced and edged, with color core plastic lami- nate. Design to be in-kind. Color and finish as selected by owner. Rear wall panel shall meet code requirements for glass.

8.Ventilation: Two-speed model exhaust blower mounted to car canopy on isolated rubber grommets. Exhaust blower shall meet requirements of Item 2.3, G.

Ventilation shall shut off after adjustable period (60 – 180 seconds) of no elevator demand.

9.Lighting: Provide LED fixtures with wiring and hookup. Coordinate with emergency lighting requirements. Lighting shall shut off after adjustable period (60 – 180 seconds) of no elevator demand. Provide emergency lighting integral with portion of normal car lighting system. Include required transformer.

10.Suspended Ceiling : Three section, 6 stainless steel panels mounted in an extruded alumi- num angle and T-frame.

11.Handrails: Minimum 1-1/4" diameter aluminum tubular grab bar across rear wall.

12.Pads and Buttons or Hooks: Three-piece removable pads. Two pads covering side walls and adjacent front returns and one covering rear wall. Provide cutouts to access main car operating panel.

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B.Top of Car Guardrail: Provide car top railings where fall hazard exceeds 12". Install guardrails, necessary hardware and toe board to meet code requirements.

2.22HALL CONTROL STATIONS
A.Hall Call Control Stations: Provide new flush mounted hall call riser adjacent to each hoistway entrances. Pushbutton design shall match car operating panel pushbuttons with vandal resistant pushbutton assemblies. Provide enlarged faceplate to cover existing wall blockout.

Provide appendix H pictorial signs. Provide cutting, patching and touchup painting around hall stations.

2.23SIGNALS
A.Car Direction Lantern Car 1: Provide new replacement car lantern in entrance columns.

Illuminate up or down LED lights with electronic tone. Sound tone once for up direction and twice for down direction. Sound level shall be adjustable from 0 - 80 dBA measured at 5'-0" in front of hall control station and 3'-0" off floor. Provide ADA compliant hall call and dwell time. Car direction signals shall be arrow shaped minimum 2-1/2" dimension. Provide vandal resistant lantern and light assemblies consisting of series of dots or lines for maximum visibility.

B.Hall position indicator car 1 numeric digital indicator containing floor designations and direction arrows a minimum of 1/2" high to indicate floor served and direction of car travel.

Mount integral with hall lanterns at all floors.

C.Car Position Indicator: Provide digital indicator in car operating panel.

D.Faceplate Material and Finish: Satin stainless, all fixtures.

E.Floor Passing Tone: Provide an audible tone.

F.Voice Synthesizer: Provide electronic device with easily reprogrammable message and female voice to announce car direction, floor, emergency exiting instructions, etc.

2.24SEISMIC OPERATIONS AND EQUIPMENT
A.Provide design, components, and operation per governing code.

PART 3 - EXECUTION

3.9SITE CONDITION INSPECTION
A.Inspection

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1.Study the Contract Documents with regard to the work as specified and required so as to ensure its completeness.

2.Examine surface and conditions to which this work is to be attached or applied and notify the Owner in writing if conditions or surfaces are detrimental to the proper and expeditious installation of the work. Starting the work shall imply acceptance of the surfaces and conditions to perform the work as specified.

3.Verify, by measurements at the project, dimensions affecting the work. Bring field dimensions which are at variance with those on the accepted shop drawings to the attention of the Owner. Obtain the decision regarding corrective measures before the start of fabrication of items affected.

4.Coordinate the scheduling of the work of this section with the work of other sections so as not to delay job progress.

3.10PRODUCT DELIVERY, STORAGE, AND HANDLING
A.Deliver material in Contractor’s original, unopened protective packaging.

B.Store material in original protective packaging. Prevent soiling, physical damage, or moisture damage.

C.Protect equipment and exposed finishes from damage and stains during transportation, erection, and construction.

3.11INSTALLATION
A.Modernize the elevators in accordance with Contractor’s instructions, referenced Codes, specification and approved shop drawings.

B.Install all equipment with clearances in accordance with Codes and specification of the AHJ.

C.Provide coordination of modernization items for ease of accessibility, maintenance and repair.

D.Remove oil, dirt and impurities and give a factory coat of rust inhibitive paint to all exposed surfaces of struts, hanger supports, covers, fascia, toe guards, dust covers and other ferrous metal.

E.Paint machine room and pit floors.

3.12FIELD QUALITY CONTROL
A.A.Contractor is responsible for Code Authority acceptance inspection performed and complete corrective work. Re-inspection costs due to the Contractor shall be included at no cost by the Contractor.

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3.13ADJUSTMENTS
A.Verify alignment of rails within of 1/16" in 100'-0". Provide rail alignment and secure joints without gaps and file any irregularities to a smooth surface.

B.Balance car to equalize pressure of guide shoes on guide rails.

C.Lubricate all equipment in accordance with Manufacturer’s MCP recommendations.

3.14CLEANING
A.Adequately protect surfaces against accumulation of paint, mortar, mastic or damage during shipment and installation.

B.Keep work areas clean during the progress of project. Remove debris materials daily.

C.Clean machine room equipment and floor.

D.Remove all protective packaging and clean hoistway, car, car enclosure, entrances, operating and signal fixtures.

3.15ACCEPTANCE REVIEW AND TESTS
A.Contractor is responsible for Code Authority acceptance inspection performed and complete corrective work. Re-inspection costs due to the Contractor shall be included at no cost by the Contractor.

3.16PURCHASER’S INFORMATION
A.See Section 01700, Final Contract Compliance Review.

END OF SECTION
SECTION 055000 - METAL FABRICATIONS

3. PART 1 GENERAL

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1.1 SECTION INCLUDES
A. Shop fabricated ferrous metal items and prime painted.

B. Schedule of metal fabrications.

1.5 REFERENCES
A. ASTM A36 - Structural Steel.

B. ASTM A53 - Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless.

C. ASTM A123 - Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products.

D. ASTM A153 - Zinc Coating (Hot-Dip) on Iron and Steel Hardware.

E. ASTM A307 - Carbon Steel Externally Threaded Standard Fasteners.

F. ASTM A492 - Standard Specification for Stainless Steel Rope Wire.

G. ASTM A500 - Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes.

H. ASTM A780 - Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings I. AWS A2.4 - Standard Welding Symbols.

J. AWS D1.1 - Structural Welding Code - Steel.

1.6 QUALIFICATIONS
A. Welders' Certificates: Submit under provisions of Section 01 33 00, certifying welders employed on the Work, verifying AWS qualification within the previous 12 months.

1.7 FIELD MEASUREMENTS
A. Verify that field measurements are as indicated on Drawings.

4. PART 2 PRODUCTS

2.2 MATERIALS
A. Steel Sections: ASTM A36.

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B. Steel Tubing: ASTM A500, Grade B.

C. Plates: ASTM A36.

D. Pipe: ASTM A53, Grade B, Schedule 40.

E. Bolts, Nuts, and Washers: ASTM A307 galvanized to ASTM A153 for galvanized components.

F. Welding Materials: AWS D1.1; type required for materials being welded.

G. Shop and Touch Up Primer: SSPC 15, Type 1, red oxide.

H. Touch-Up Primer for Galvanized Surfaces: SSPC 20.

2.4 FABRICATION, GENERAL
A. Fit and shop assemble in largest practical sections, for delivery to site.

B. Fabricate items with joints tightly fitted and secured.

C. Continuously seal joined members by continuous welds unless indicated otherwise.

D. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush, and hairline. Ease exposed edges to small uniform radius.

E. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; unobtrusively located; consistent with design of component, except where specifically noted otherwise.

F. Supply components required for anchorage of fabrications. Fabricate anchors and related components of same material and finish as fabrication, except where specifically noted otherwise.

2.5 FINISHES
A. Clean surfaces of rust, scale, grease, and foreign matter prior to finishing.

B. Do not prime surfaces in direct contact with concrete or where field welding is required.

C. Prime paint items with one coat.

D. Galvanize assembled items to minimum 1.25 oz/sq ft zinc coating in accordance with ASTM A123.

E. Repair damaged galvanized surfaces in accordance with ASTM A780 Method A2.

F. Finish: Site paint exposed to view prime painted items under provisions of Section 09 90 00.

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4. PART 3 EXECUTION

3.1 EXAMINATION
A. Verify that field conditions are acceptable and are ready to receive work.

B. Beginning of installation means erector accepts existing conditions.

3.4 PREPARATION
A. Clean and strip primed steel items to bare metal where site welding is required.

B. Supply items required to be cast into concrete or embedded in masonry with setting templates, to appropriate sections.

3.5 INSTALLATION
A. Install items plumb and level, accurately fitted, free from distortion or defects.

B. Allow for erection loads, and for sufficient temporary bracing to maintain true alignment until completion of erection and installation of permanent attachments.

C. Field weld components indicated on Drawings.

D. Perform field welding in accordance with AWS D1.1.

E. After erection, prime welds, abrasions, and surfaces not shop primed, except surfaces to be in contact with concrete.

3.5 SCHEDULE
A. The Schedule is a list of principal items only. Refer to Drawing details for items not specifically scheduled.

B. Miscellaneous Framing and Supports: Steel not a part of structural steel framework as required to complete work; prime paint finish.

C. Bollards: Steel pipe, concrete filled, crowned cap, as detailed; prime paint finish.

D. Opening Frames for Overhead Doors and Wall Openings: Structural sections; prime paint finish.

E. Elevator Hoist Way Beams: Structural sections as detailed, prime paint finish.

F. Elevator Door Sill Supports: Steel shapes as detailed, prime paint finish.

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END OF SECTION
SECTION 099000 – PAINTING

2. PART 1 GENERAL

1.1 SECTION INCLUDES
A. Surface preparation.

B. Products and application.

C. Surface finish schedule.

1.3 SUMMARY OF PAINTED SUBSTRATES
A. Section includes the application of paint systems on the following interior substrates:

1. Primed or unprimed steel.

2. Galvanized metal.

3. Steel handrails, guardrails and fittings.

4. Steel doors, frames and lights.

5. Access doors and frames.

6. Horizontal and vertical gypsum board.

7. Plaster.

8. Wall louvers.

9. Electrical panel board covers.

B. Section includes the application of paint systems on the following exterior substrates:

1. Concrete.

2. Primed or unprimed steel.

3. Decorative metal fencing.

4. Bollards.

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5. Sheet metal flashing and trim.

6. Sheet metal gutters and downspouts.

7. Steel pipe downspouts.

8. Steel doors, frames and lights.

9. Glass frames in steel and wood doors.

10. Portland cement plaster (stucco).

11. Wall louvers.

12. Mechanical roof mounted equipment.

13. Electrical panel board covers.

C. Substrate listings are for principal surfaces only. Refer to drawings, details and individual specification sections for items, surfaces, and substrates not specifically listed.

1.8 REFERENCES
A. ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products.

B. SSPC - The Society for Protective Coatings.

1.9 SYSTEM DESCRIPTION
A. Preparation of all surfaces to receive final finish.

B. Painting and finishing work of this section using coating systems of materials including primers, sealers, fillers, and other applied materials whether used as prime, intermediate, or finish coats.

C. Surface preparation, priming, and finish coats specified in this Section are in addition to shop- priming and surface treatment specified under other Sections.

D. Painting and finishing all exterior and interior surfaces of materials including structural, mechanical, and electrical work on site, in building spaces, and above or on the roof.

E. Paint exposed surfaces except where a surface or material is specifically indicated not to be painted or is to remain natural. Where an item or surface is not specifically mentioned, paint the same as similar adjacent materials or surfaces.

1.10 DEFINITIONS
A. Conform to ASTM D16 for interpretation of terms used in this Section.

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1.11 QUALITY ASSURANCE
A. Product Manufacturer: Company specializing in manufacturing quality paint and finish products with five years experience.

B. Applicator: Company specializing in commercial painting and finishing with five years documented experience.

C. Coats: The number of coats specified is the minimum number acceptable. If full coverage is not obtained with the specified number of coats, apply such additional coats as are necessary to produce the required finish.

D. Employ coats and undercoats for all types of finishes in strict accordance with the recommendations of the paint manufacturer.

E. Provide primers and undercoat paint produced by the same manufacturer as the finish coat.

F. The minimum dry film thickness of each coat of paint shall comply with the manufacturer's recommendations for each type of paint used.

1.12 REGULATORY REQUIREMENTS
A. Comply with applicable codes and regulations of governmental agencies having jurisdiction including those having jurisdiction over airborne emissions and industrial waste disposal.

Where those requirements conflict with this specification, comply with the more stringent provisions.

B. Comply with the current applicable regulations of the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA).

1.13 SUBMITTALS
A. Submit product data under provisions of City’s Division 01 General Requirements.

B. Submit samples under provisions of City’s Division 01 General Requirements.

C. Submit two samples 8-1/2 x 11 inch in size of each paint color and texture applied to cardboard. Resubmit samples until acceptable color, sheen and texture is obtained.

D. On same species and quality of wood to be installed, submit two 4 x 8 inch samples showing system to be used for varnishes and stains.

1.14 FIELD SAMPLES
A. Provide field samples under provisions of City’s Division 01 General Requirements.

B. On wall surfaces and other exterior and interior components, duplicate specified finishes on at least 100 sq.ft. of surface area.

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C. Provide full-coat finishes until required coverage, sheen, color and texture are obtained.

D. Simulate finished lighting conditions for review of field samples.

E. After finishes are accepted, the accepted surface may remain as part of the work and will be used to evaluate subsequent coating systems applications of a similar nature.

1.15 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to site and store and protect under provisions of City’s Division 01 General Requirements.

B. Deliver products to site in sealed and labeled containers; inspect to verify acceptance.

C. Container labeling to include manufacturer's name, type of paint, brand name, brand code, coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. Paint containers not displaying product identification will not be acceptable.

D. Store paint materials at minimum ambient temperature of 50 degrees F and a maximum of 90 degrees F, in well ventilated area, unless required otherwise by manufacturer's instructions.

E. Take precautionary measures to prevent fire hazards and spontaneous combustion.

1.16 ENVIRONMENTAL REQUIREMENTS
A. Provide continuous ventilation and heating facilities to maintain interior surface and ambient temperatures above 50 degrees F with a maximum humidity level of 50 percent for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions.

B. Do not apply exterior coatings during rain or snow, or when relative humidity is above 50 percent, unless required otherwise by manufacturer's instructions.

C. Minimum Application Temperatures for Latex Paints: 50 degrees F for interiors; 50 degrees F for exterior; unless required otherwise by manufacturer's instructions.

D. Minimum Application Temperature for Varnish and Urethane Finishes: 65 degrees F for interior or exterior, unless required otherwise by manufacturer's instructions.

E. Provide lighting level of 80 foot candles measured mid-height at substrate surface.

1.17 EXTRA MATERIAL
A. Provide a one gallon unopened container of each color to Owner.

B. Label each container with color, texture, and room locations in addition to the manufacturer's label.

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4. PART 2 PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS - PAINT
A. Unless specifically identified otherwise, product designations included in this section are those that are manufactured and distributed by the Dunn-Edwards Corporation, www.dunnedwards.com and shall serve as the basis of design standard for kind, quality, performance and function.

B. Subject to full compliance with specified requirements, other manufacturers offering equivalent products are:

1. Benjamin Moore Paints, www.benjaminmoore.com.

2. Kelly-Moore Paint Company, www.kellymoore.com.

3. Sherwin Williams, www.sherwin-williams.com.

4. Vista Paint Corporation, www.vistapaint.com.

C. Substitutions: Under provisions of City’s Division 01 General Requirements.

2.4 MATERIALS
A. Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating.

B. Good flow and brushing properties; capable of drying or curing free of streaks or sags.

C. “Deep Tone” colors to be composed of 100 percent acrylic pigments with a colored base.

D. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality.

2.5 FINISHES
A. Refer to schedule at end of Section for surface finish schedule.

5. PART 3 EXECUTION

3.2 INSPECTION
A. Verify that surfaces are ready to receive work as instructed by the product manufacturer.

B. Examine surfaces to be finished prior to commencement of work. Report any condition that may potentially affect proper application.

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C. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums:

1. Plaster and Gypsum Wallboard : 12 percent.

2. Masonry, Concrete, and Concrete Unit Masonry : 12 percent.

3. Interior Located Wood : 15 percent.

4. Exterior Located Wood : 15 percent.

D. Beginning of installation means acceptance of existing surfaces.

3.6 SURFACE PREPARATION - GENERAL
A. Remove electrical plates, hardware, light fixture trim, and fittings prior to preparing surfaces or finishing.

B. Remove all finish hardware from doors and frames prior to preparing surfaces or finishing.

C. Correct minor defects and clean surfaces which affect work of this Section.

D. Gypsum Board: Repair all voids, nicks, cracks and dents with patching materials and finish flush with adjacent surface. Latex fill minor defects. Spot prime defects after repair.

E. Plaster: Fill hairline cracks, small holes, and imperfections with latex patching plaster.

Make smooth and flush with adjacent surfaces. Wash and neutralize high alkali surfaces.

F. Uncoated Steel and Iron: Remove grease, scale, dirt, and rust. Where heavy coatings of scale are evident, remove by wire brushing or sandblasting; clean by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. Prime paint after repairs.

G. Shop Primed Steel: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime paint steel surfaces.

H. Exterior Wood: Remove dust, grit, and foreign matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted exterior caulking compound after prime coat has been applied.

I. Wood Doors: Seal top and bottom edges with 2 coats of spar varnish sealer.

3.7 PROTECTION OF ADJACENT WORK
A. Protect elements surrounding the work of this Section from damage or disfiguration.

B. Repair damage to other surfaces caused by work of this Section.

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C. Furnish drop cloths, shields, and protective methods to prevent spray or droppings from disfiguring other surfaces.

D. Remove empty paint containers from site.

3.8 WORK NOT TO BE PAINTED
A. Painting is not required on surfaces in concealed and inaccessible areas such as furred spaces, foundation spaces, utility tunnels, pipe spaces and duct shafts.

B. Do not paint metal surfaces such as stainless steel, chromium plate, brass, bronze, and similar finished metal surfaces.

C. Do not paint anodized aluminum or other surfaces which are specified to be factory pre- finished.

D. Do not paint sandblasted or architecturally finished concrete surfaces.

E. Do not paint prefinished acoustic materials or acoustic suspension systems.

F. Do not paint over Underwriters Laboratories, Factory Mutual or other code-required labels or identifications.

3.9 APPLICATION
A. Apply products in accordance with manufacturer's instructions.

B. Do not apply finishes to surfaces that are not dry.

C. Apply prime coat to surfaces which are to be painted or finished.

D. Apply each coat to uniform finish.

Q. Apply each coat of paint slightly darker than preceding coat unless otherwise approved.

R. Sand lightly between coats to achieve required finish.

S. Allow applied coat to dry before next coat is applied.

T. The number of coats specified is the minimum that shall be applied. Apply additional coats when undercoats, stains or other conditions show through final paint coat, until paint film is of uniform finish, color and appearance.

U. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface.

V. Prime back surfaces of interior and exterior woodwork with primer paint.

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W. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with mineral spirits.

X. Paint mill finished door seals to match door or frame.

Y. Paint primed steel glazing stops in doors to match door or frame.

Z. Cloudiness, spotting, lap marks, brush marks, runs, sags, spikes and other surface imperfections will not be acceptable.

AA. Where spray application is used, apply each coat of the required thickness. Do not double back to build up film thickness of two coats in one pass.

BB. Where roller application is used, roll and redistribute paint to an even and fine texture. Leave no evidence of roller laps, irregularity of texture, skid marks, or other surface imperfections.

3.7 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT]
A. Paint shop primed equipment. Do not paint shop prefinished items.

B. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately.

C. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports, except where items are prefinished.

D. Replace identification markings on mechanical or electrical equipment when painted accidentally.

E. Paint interior surfaces of air ducts, and connector and baseboard heating cabinets that are visible through grilles and louvers with one coat of flat black paint, to limit of sight line. Paint dampers exposed behind louvers, grilles, and connector and baseboard cabinets to match face panels.

F. Paint exposed conduit and electrical equipment occurring in finished areas.

G. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment.

H. Replace electrical plates, hardware, light fixture trim, and fittings removed prior to finishing.

I. Paint grilles, registers, and diffusers which do not match color of adjacent surface.

J. Paint all mechanical and electrical equipment, vents, fans, and the like occurring on roof.

K. Do not paint moving parts of operating units; mechanical or electrical parts such as valve operators; linkages; sensing devices; and motor shafts.

L. Do not paint over labels or equipment identification markings.

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O. Do not paint mechanical room specialties such as compressors, boilers, pumps, control panels, etc.

P. Do not paint switch plates, light fixtures, and fixture lenses.

3.12 CLEANING
A. As Work proceeds, promptly remove paint where spilled, splashed, or spattered.

B. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris.

C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers and remove daily from site.

3.13 PROTECTION OF COMPLETED WORK
A. Protect finished installation under provisions of City’s Division 01 General Requirements.

B. Erect barriers and post warning signs. Maintain in place until coatings are fully dry.

C. Confirm that no dust generating activities will occur following application of coatings.

3.14 PATCHING
A. After completion of painting in any one room or area, repair surfaces damaged by other trades.

B. Touch-up or re-finish as required to produce intended appearance.

3.15 FIELD QUALITY CONTROL
A. Field inspection and testing will be performed under provisions of City’s Division 01 General Requirements.

B. The Owner reserves the right to invoke the following test procedure at any time and as often as the Owner deems necessary.

C. The Owner will engage the services of an independent testing agency to sample paint material being used.

D. Samples of material delivered to the Project will be taken, identified, sealed, and certified in the presence of the Contractor.

E. The testing agency will perform appropriate quantitive materials analysis and other characteristic testing of materials as required by the Owner.

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F. If test results show materials being used and their installation do not comply with specified requirements or manufacturer's recommendations, the Contractor may be directed to stop painting, remove noncomplying paint, pay for testing and repaint surfaces to acceptable condition.

3.16 COLOR SCHEDULE
A. Paint and finish colors shall be selected by the Architect from manufacturer's entire range of standard and custom color selections and special colors selected to match or compliment the colors of other materials, equipment, or components which comprise the work.

B. Access doors, registers, exposed piping, electrical conduit and mechanical/electrical panels:

Generally the same color as adjacent walls.

C. Exterior and interior steel doors, frames and trim: Generally a contrasting color to adjacent walls.

D. Doors generally are all the same color, but of a contrasting color from frame and trim.

E. Exterior and interior steel fabrications: Generally a contrasting color to adjacent walls.

I. Exposed interior mechanical/ductwork: Generally a contrasting color to adjacent walls or ceiling.

J. Ceilings are generally to be painted a different color than walls.

K. Approximately 20 percent of overall painting work will be required to be "Deep Tone" colors. This work will require one additional coat of paint beyond that as specified.

3.14 SCHEDULE - EXTERIOR SURFACES
A. Concrete (Flat Acrylic)
1st coat: ESPROO Eff-Stop Premium
2nd coat: EVSH10 Evershield
3rd coat: EVSH10 Evershield
B. Cement Plaster (Flat Elastomeric)
1st coat: FPSL00 Flex Prime Select
2nd coat: EDLX10 Enduralastic 10
3rd coat: EDLX10 Enduralastic 10
C. Steel - Primed or Unprimed (Eggshell Urethane Alkyd Enamel) 1st coat: BRPR00 Bloc-Rust Premium
2nd coat: ASHL30 Aristoshield
3rd coat: ASHL30 Aristoshield
D. Steel - Galvanized (Eggshell Urethane Alkyd Enamel)
1st coat: Supreme Chemical Metal Clean and Etch SCME-

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01 2nd coat: ULGM00 Ultrashield Galvanized Metal Primer 3rd coat: ASHL30 Aristoshield
4th coat: ASHL30 Aristoshield

3.15 SCHEDULE - INTERIOR SURFACES
A. Steel - Primed or Unprimed (Eggshell, Urethane Alkyd Enamel) 1st coat: BRPR00 Bloc-Rust Premium
2nd coat: ASHL30 Aristoshield
3rd coat: ASHL30 Aristoshield
B. Steel - Galvanized (Eggshell, Urethane Alkyd Enamel) 1st coat: ULGM00 Ultrashield Galvanized Metal Primer
2nd coat: ASHL30 Aristoshield
3rd coat: ASHL30 Aristoshield
E. Gypsum Board (Eggshell Acrylic)
1st coat: VNPROO Vinylastic Premium
2nd coat: SPMA30 Suprema
3rd coat: SPMA30 Suprema
F. Gypsum Board (Semi-Gloss Acrylic)
1st coat: VNPROO Vinylastic Premium
2nd coat: SPMA50 Suprema
3rd coat: SPMA50 Suprema

END OF SECTION

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 24-8416 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: February 20, 2024
SUBJECT:

Usage of San Mateo County Sheriff's Office Coyote Point Police Training Center and Firing Range Facilities – Agreement RECOMMENDATION:

Approve an agreement with the County of San Mateo for use of the Coyote Point training center and firing range facilities through June 30, 2025 in an amount not to exceed $20,000; and authorize the Chief of Police or his designee to execute the agreement in substantially the form presented.

BACKGROUND:

The County of San Mateo is the owner of a law enforcement training center and firing range located at Coyote Point. The San Mateo Police Department desires to use these facilities for the purpose of training and qualifying law enforcement personnel in the use of firearms. The San Mateo Police Department has an indoor firing facility; however, the Coyote Point facilities are much larger and include an outdoor range, an indoor simulated residence or office space, as well as several classrooms. For department-wide training days where a large number of police officers are receiving training at the same time, it is highly efficient to utilize the county facilities. The term of the proposed agreement would end June 30, 2025, and fees would be paid to the County on a per-use basis, depending on the facilities used. It is City policy that inter- governmental agreements be approved by the City Council.

BUDGET IMPACT:

The cost for staff to use the Coyote Point facilities are estimated to not exceed $10,000 annually and funding is available in the Police Department's operating budget for this purpose.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

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

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Anthony Riccardi, Lieutenant
[email protected]
(650) 522- 7689

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AGREEMENT
FOR USE OF THE SAN MATEO COUNTY SHERIFF’S OFFICE

COYOTE POINT RIFLE AND PISTOL RANGE
AGREEMENT NO.

Entity Name and Address (“Entity”):

SAN MATEO POLICE DEPARTMENT
Entity: Upon receipt of an invoice, mail payment to:

Department: San Mateo County Sheriff’s Office
200 FRANKLIN PKWY Attention: Fiscal Services Bureau SAN MATEO, CA 94403 Address: 400 County Center, 3rd Floor Contact: Anthony Riccardi, Lieutenant Redwood City, CA 94063 Email: [email protected] For invoice or billing inquiries, please call (650) 363-4061

It is agreed between the San Mateo County Sheriff’s Office, California (“County”), and SAN MATEO POLICE DEPARTMENT as follows:

1. Services to be performed by Contractor. In consideration of the payments hereinafter set forth, County shall perform services for Entity in accordance with the terms, conditions, and specifications set forth herein and in Exhibit A attached hereto.

2. Contract Term. The term of this Agreement shall be from 9/1/2023 to 6/30/2025 unless terminated earlier by the County.

3. Payments. In consideration of the services rendered in accordance with all terms, conditions, and specifications set forth herein and any Exhibit(s) or attachment(s) attached hereto, Entity shall make payment to County in the manner specified herein and in Exhibit A. In the event that the Entity makes any advance payments, County agrees to refund any amounts in excess of the amount owed by the Entity at the time of contract termination. In no event shall total payment for services under this Agreement exceed $20,000.

4. Relationship of the Parties. Entity agrees and understands that the work/services performed by County under this Agreement are performed as an Independent Contract, and that Entity nor its employees/agents acquires any of the rights, privileges, powers, or advantages of County employees.

5. Workers’ Compensation Insurance. Entity shall have in effect during the entire term of this Agreement workers’ compensation and employer liability insurance providing full statutory coverage. In signing this Agreement, Entity certifies, as required by Section 1861 of the California Labor Code, (a) that it is aware of the provisions of Section 3700 of the California 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 the Labor Code, and (b) that it will comply with such provisions before commencing the performance of work under this Agreement.

6. Other Insurance. Entity shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Entity and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Entity’s operations under this Agreement, whether such operations be by Entity, any subcontractor, anyone directly or indirectly employed by either of them, or by an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amount(s) specified below:
☒ Comprehensive General Liability .... $1,000,000 (applies to all agreements) The obligations of this section may be met by a public agency by providing the County with a certificate that certifies that the public agency is self-insured up to the amounts of insurance required by this section.

DocuSign Envelope ID: F3DC9342-A396-4F48-973F-E6FE258CC826

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7. Hold Harmless. Entity agrees to indemnify and defend County and its employees and agents from any and all claims, damages, and liability in any way occasioned by or arising out of the negligence of Entity and/or its employees/officers/agents in the performance of this Agreement.

8. Non-Assignability. Neither party may assign this Agreement or any portion thereof to a third party. Violation of this Section shall automatically give County the option to terminate this Agreement without notice.

9. Termination of Agreement. The Sheriff or Sheriff’s designee may, at any time after execution of Agreement, terminate this Agreement, in whole or in part, for the convenience of the County by giving written notice specifying the effective date and scope of such termination. In the event of termination, County shall be paid for all work satisfactorily performed through the date of termination.

10. Compliance with State, Federal, and Local Laws, Regulations, and Ordinances. Both parties shall ensure compliance with all state, federal, and local laws, regulations, or rules applicable to performance of the work required under this Agreement and shall execute all necessary certifications of compliance therewith.

11. Merger Clause. This Agreement, including all exhibits/attachments attached hereto, which are incorporated herein by this reference, constitutes the sole agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the County Purchasing Agent. In the event that any term, condition, provision, requirement or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this Agreement, the provisions of the body of this Agreement shall prevail. This Agreement constitutes the entire Agreement between County and Entity.

12. Governing Law. This Agreement, including any exhibits, and any disputes arising out of this Agreement shall for all purposes be deemed subject to the laws of the State of California without regard to its choice of law rules, and any lawsuit concerning or arising out of this Agreement shall be venued in the County of San Mateo.

13. Electronic Signature. Both County and Entity wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES.

FOR ENTITY:

ENTITY’S SIGNATURE DATE NAME (PLEASE PRINT)

FOR COUNTY:

STACEY STEVENSON, FINANCE DIRECTOR

PURCHASING AGENT SIGNATURE
(DEPARTMENT HEAD OR DESIGNEE)

DATE PURCHASING AGENT NAME & TITLE
(DEPARTMENT HEAD OR DESIGNEE)

Budget - 30143

DocuSign Envelope ID: F3DC9342-A396-4F48-973F-E6FE258CC826 Anthony Riccardi
1/25/2024 | 3:44 PM PST

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Exhibit A
Agreement for Use of the San Mateo County Sheriff’s Office Coyote Point Shooting Range

1. SCOPE.

A. County agrees to provide Entity with the services described herein:

1.) Furnish use of the Sheriff’s Office weapons firing range facilities, also referred to as the Coyote Point Rifle and Pistol Range (“Range”).

2.) Use of Range shall be during such times that are mutually agreeable to both parties.

B. Entity agrees that its members using the Range facilities under this agreement shall be governed by the Range Safety Rules established by the Sheriff’s Office.

2. AMOUNT AND METHOD OF PAYMENT.

In consideration of the services provided by Sheriff’s Office pursuant to Section 1, Scope, and subject to the terms of the Agreement, Entity shall pay Sheriff’s Office based on the following schedule and terms:

A. Entity agrees to pay Sheriff’s Office at the following rates:

Facility
Rate
FY 2023-24
Rate
FY 2024-25

Indoor Range (Range 1) - Standard
-Four (4) hour minimum per day
-Includes an on-site Sheriff’s Office range staff member to oversee the mechanical operation of the indoor range

$225/hr $250/hr
Indoor Range (Range 1) – Non-standard
-Rate applies to private law enforcement events/private trainers $360/hr $360/hr

Outdoor Range (Range 2)
- Four (4) hour minimum per day

$210/hr $215/hr

Indoor Simmunition Shoot House
-Three (3) hour minimum per day

$130/hr $135/hr
Classroom
-Fixed daily rate

$154.50/day $154.50/day
B. Sheriff’s Office Fiscal Services Bureau will submit to Entity an invoice for payment. Invoices will be either emailed or mailed to the following:
[email protected]
Or
San Mateo Police Department
Anthony Riccardi, Lieutenant
200 Franklin Pkwy
San Mateo, CA 94403
C. Payment must be received by County within 30 days of invoice date. Range use will be suspended if payment is not received within 30 days of invoice date.

DocuSign Envelope ID: F3DC9342-A396-4F48-973F-E6FE258CC826

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v. January 2023

D. Payments and questions regarding invoicing shall be directed to the Sheriff’s Office Fiscal Services Bureau at (650) 599-1728 or mailed to:

San Mateo County Sheriff’s Office
Attn: Fiscal Services Bureau
400 County Center, 3rd Floor
Redwood City, CA 94063
E. NO SERVICE PROVIDED FOLLOWING EXPIRATION / TERMINATION OF AGREEMENT. Entity shall have no claim against the County of any kind whatsoever for any services provided by County, which were provided after the expiration or termination of this Agreement.

F. CANCELLATION POLICY. Agency must give Sheriff’s Office 48-hour notice of cancellation. If no notice or less than 48 hours’ notice is given, agency will be responsible to pay for the hours booked on said day.

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Electronic Record and Signature Disclosure

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Electronic Record and Signature Disclosure created on: 8/31/2015 5:58:12 PM Parties agreed to: Anthony Riccardi, Stacey Stevenson

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 36-3133 File ID: 23-8158 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: February 20, 2024
SUBJECT:

Permanent Local Housing Allocation (PLHA) Supportive Housing Loan – Agreement RECOMMENDATION:

Adopt a Resolution to approve a loan to the St. James Community Development Corporation for predevelopment and development costs for a new supportive housing project in the amount of $377,212 and authorize the City Manager to execute the agreement in substantially the form presented.

BACKGROUND:

The purpose of the Permanent Local Housing Allocation program (PLHA) is to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase housing affordability. This is a flexible funding source that can be used for a wide range of activities from increasing the housing supply to providing supportive services. The PLHA application requires the City to develop a five-year plan to allocate spending. The City’s third-year allocation amount is $584,800. After the City awarded funding assistance to the other PLHA third-year subrecipients, the remaining funding available to be used for this request is $377,212. The California Department of Housing and Community Development (HCD) defines the third-year PLHA grant as the 2021 allocation, but has consistently released PLHA funds on a deferred schedule, so the City is utilizing the 2021 allocation as part of its 2023 – 2024 fiscal year activities.

The St. James African Methodist Episcopal Zion church is a historically African American church located on Monte Diablo Avenue in the City’s North Central Neighborhood. They are current participants in the City’s Community Funding program of the Community Development Block Grant (CDBG), where they provide school supplies, meals, and uniforms to low- income students and youth in the City. In winter of 2022, City staff were approached by representatives from St. James regarding the potential for developing a new supportive housing project aimed at housing the City’s transition-aged former foster youth. Transition-aged former foster youth are defined by HCD as individuals between the ages of 18 to 24 who have recently left the foster care system and may not possess all the necessary resources for stable housing while entering life as an adult. The church owns an adjacent parcel at 831 Monte Diablo Avenue that is currently a single-family home.

Known as “New Beginnings Supportive Housing,” the project proposes to redevelop this parcel into an affordable housing village with four to six units of supportive housing for transition-aged former foster youth.

Senate Bill (SB) 4 (2023) allows for approval of a housing development project on a site that is owned by a religious institution and is zoned for residential uses, including single-family residential zones, at a density of at least 30 units per acre so long as 100% of the units shall be made affordable to lower-income households. New Beginnings Supportive Housing will satisfy this requirement by making all of its units restricted to extremely low-income households (30% Area Median Income or AMI) for 55 years. This forgivable loan award does not constitute a planning entitlement or building permit approval; it only provides funding to allow the project to move forward with design, predevelopment activities, and construction once permits are approved.

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CITY OF SAN MATEO
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This PLHA funding will be distributed to St. James Community Development Corporation (Applicant) in the form of a 0% interest loan, with a deferred payment schedule that will not collect repayment throughout predevelopment and development of the project, and would be forgiven upon completion of project construction. The resolution to approve this loan to the Applicant for this supportive housing project is included as Attachment 1.

This loan of PLHA funds will be used to cover design and predevelopment costs, such as preparation of construction plans, surveys, professional service fees, and various reports to ensure compliance with environmental regulations. The agreement that specifies the terms of this loan of PLHA funds is included as Attachment 2. Additional information about the proposed project, including a breakdown of pre-construction and construction costs, is provided in Attachments 3 and

4. The Applicant has estimated that the project in total will cost approximately $1,500,000 to complete at five units. Since this project could include six units, a large construction contingency has been included. Their funding plan notes that they have currently secured $315,000 from various funding sources, and after obtaining $377,212 in PLHA funds, will secure an additional $1,300,000 from the FY 24-25 Measure K grant to cover the remaining funding gap and provide a contingency reserve of $563,571 that may be used for construction of a sixth unit. The cost breakdown for the project, as provided by the Applicant, is as follows:

Expenses Funding Sources
Pre-development Expenses $346,500
Local Initiative Support
Corporation (LISC) Initial Grant $15,000
Developer's Fee $117,961 Measure K District 2 Funding $60,000 Site Construction $541,020
LISC/Silicon Valley Community
Foundation Recoverable Grant $200,000
Unit Construction (5 units) $423,160 Private donations (as of Jan 2024) $40,000 Total Estimated Development $1,428,641 PLHA $377,212
Construction Contingency $563,571 Measure K 24/25 $1,300,000 TOTAL EXPENSES $1,992,212 TOTAL REVENUE $1,992,212
NEXT STEPS:

Approval of the resolution (Attachment 1) and execution of the loan agreement (Attachment 2) will award a forgivable loan of $377,212 in the current year of PLHA funding for predevelopment and development of permanent supportive housing. If an additional funding gap is identified throughout the course of the project, the City may supplement the agreement with additional funding from future allocations of the PLHA grant with an amendment. If a funding surplus is ascertained, the remaining funds may be used for construction, but only after the Applicant has submitted a complete construction cost breakdown to City staff with line-item breakdown, at which time the agreement could be amended if consistent with PLHA requirements and approved by the City.

BUDGET IMPACT:

The City has established a fund (referred to as Fund 280) that manages the annual PLHA grant funding. PLHA is a noncompetitive grant from the State which is allocated to the City over a five-year period. The grant amount for the third year (2021) is $584,800. HCD defines the PLHA five-year allocation cycle as the years of 2019 - 2023, but has consistently released PLHA funds on a deferred schedule. The first year the City was able to utilize the PLHA grant was in 2021, and since then the allocation year has preceded project activities by two years. PLHA Year 3 funds have not yet been received by the City, as they need to be requested through a release of funds. The exact dollar amount for the final two years will vary based upon the collection of the real estate recording fees, but the total estimated dollar amount the city will receive over five years is $2,051,364. The finalized budget for the third year of the PLHA grant is as follows, with the subject loan request highlighted with italics:

PLHA Year 3 (2021) Budget Amount
Bridge Housing (Montara) $61,541

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CITY OF SAN MATEO
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LifeMoves (RRH) $76,807
HIP Housing $25,000
Samaritan House (SH) $15,000
New Beginnings Supportive Housing $377,212
Administration (City staff) $29,240
Total $584,800
A five-year plan amendment will not be needed to utilize this budget, nor will it be necessary for awarding this contract.

The five-year PLHA plan was previously revised in an approved resolution adopted by the City Council on February 6, 2023 that allows the City to use up to 80% of Year 3 allocation funding for 6 eligible projects, which include predevelopment and development of permanent supportive housing. Staff consulted with HCD staff and confirmed that this project is eligible for funding and is consistent with the City’s most recently adopted five-year PLHA plan. Overall, the aforementioned actions of the resolution are already accounted for in the annual PLHA budget and will not have any significant impacts.

Forgiveness of the loan is contingent on completion of the project’s construction. The Applicant will be responsible for repayment of the loan in full if the project is unable to be completed.

ENVIRONMENTAL DETERMINATION:

Awarding this loan and executing the associated agreement will not constitute a planning entitlement or a building permit approval for the construction of the project. This agreement is only to award the applicant the necessary funds to ensure the project’s fiscal feasibility. This agreement award 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)). Environmental review for the demolition and reconstruction of the site will occur at a later time.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Proposed Loan Agreement
Att 3 – Funding Request Letter from Applicant, 12/19/23 Att 4 – Supplemental Funding Request Letter from Applicant, 1/29/24

STAFF CONTACT
Nicky Vu, Housing Specialist II
[email protected]
(650) 522-7229

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROVE A FORGIVABLE LOAN IN THE AMOUNT OF $377,212 TO ST. JAMES COMMUNITY DEVELOPMENT

CORPORATION FOR THE PLANNING AND CONSTRUCTION OF A NEW SUPPORTIVE HOUSING PROJECT LOCATED AT 831 MONTE DIABLO AVENUE
WHEREAS, the California Department of Housing and Community Development has made available $584,800 in the Permanent Local Housing Allocation (PLHA) Fund in Year 3 to be used to increase housing affordability; and
WHEREAS, the five-year PLHA plan was revised in a resolution adopted by the City Council on February 6, 2023 that allows the City to use up to 80% of Year 3 allocation funding for Activity 6 eligible projects, which include predevelopment and development of permanent supportive housing; and WHEREAS, the City desires to award a portion of these funds to be used to increase the supply of affordable housing made available to special needs populations, which includes foster youth and former foster youth; and
WHEREAS, St. James Community Development Corporation is a San Mateo based non-profit organization that is proposing to redevelop a single-family parcel at 831 Monte Diablo Avenue for a total of four to six units for a supportive housing project for transition-aged former foster youth, known as New Beginnings Housing; and
WHEREAS, the units at the New Beginnings Supportive Housing Project will be restricted to extremely low-income tenants (30 percent of Area Median Income) for a period of 55 years.

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

1. In accordance California Environmental Quality Act (CEQA) Guidelines section 15378(b)(5), an agreement award is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5)).

2. A loan in the amount of $377,212 at an interest rate of 0%, with a deferred payment schedule which will not collect repayment throughout predevelopment and development of the project, and will be forgiven at the completion of construction of the project at 831 Monte Diablo Avenue to St. James Community Development Corporation is approved.

3. The City Manager is authorized to execute the loan agreement with St. James Community Development Corporation in substantially the form presented.

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CITY OF SAN MATEO

AGREEMENT TO PROVIDE FUNDS

TO SUPPORT THE PRODUCTION OF AFFORDABLE HOUSING

PERMANENT LOCAL HOUSING ALLOCATION
THIS AGREEMENT is made and entered into on this ____day of ____ 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City"), and ST. JAMES COMMUNITY DEVELOPMENT CORPORATION (hereinafter referred to as “Organization”).

The City wishes to provide support the production of affordable housing to provide a benefit to low-income San Mateo City residents.

To achieve common goals in the community, the City and the Organization agree as follows:

1. ORGANIZATION: The Organization is an independent contractor, organized in accordance with the laws of California, willing to and capable of performing such community services.

2. SERVICES: Organization shall provide the services and/or the improvements described in Exhibit "A", the Project Scope.

3. FUNDING: The source of City funds is the state Permanent Local Housing Allocation (PLHA). Funding shall be used for lawful purposes only. The City reserves the right to cancel, lower or rescind the amount of funding provided in this agreement if state funds are less than expected or other Congressional rescissions or restrictions to the program occur. There shall be no liability to Organization as a result of the lowering, or canceling of the funding under this agreement.

Funding by City to Organization shall be on progress payment basis as often as monthly, but to ensure timely expenditures, not less than quarterly and shall in no event exceed $377,212. In the manner prescribed by the City, Organization shall provide an invoice for each request for payment that shall specify how the funds requested for reimbursement have been spent. Organization shall maintain receipts related to each reimbursable expense for five (5) years.

Funding shall be provided as a loan from the City to the Organization at an interest rate of 0% and will be forgiven at the completion of construction of the project. Repayments to the City will not be required from the Organization throughout the pre-development or development process.

4.TERM: The services to be performed under this Agreement shall commence upon execution and be completed on June 30, 2024. The term of this Agreement shall be automatically extended to cover any additional time period during which the Organization remains in control of PLHA funds or other PLHA assets, including program income.

5. FISCAL AND OTHER RESPONSIBILITIES OF ORGANIZATION: Organization shall:

A. Comply with State Regulations, particularly the provisions of “Permanent Local Housing Allocation Final Guidelines” dated October 2019.

B. Establish and maintain a written system of accounts for budgeted funds that shall be in conformance with generally accepted principles of accounting. Such system of accounts shall be subject to review, approval and inspection by City.

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C. Document all costs by maintaining complete and accurate records of all financial transactions, including, but not limited to, contracts, invoices, time cards, cash and charge receipts, vouchers, cancelled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all transactions.

D. Independent Audits: Organizations must perform an independent fiscal audit once a year, in conformance with the generally accepted standard accounting principles. Such audits must identify the total funds received and disbursed as well as funds granted and expended. The costs for such audits shall be at Organization's expense, unless otherwise provided for in this Agreement. The Organization Board of Directors must provide copies of the completed audits to the City within thirty (30) days of their completion and acceptance by the Organization Board of Directors.

E. Disallowed Costs: Disallowed costs are costs not allowed and approved by the City. Organization is liable for repayment of disallowed costs. Disallowed costs may be identified through Quarterly Reports, audits, examination of invoices, monitoring or other sources. Organization shall be afforded the opportunity to respond to any adverse findings which may lead to disallowed costs.

Notwithstanding anything to the contrary herein, any and all costs identified in Exhibit B shall constitute allowed costs and shall not be subject to the terms of this Section 5.E.

F. For public works projects, comply with San Mateo Municipal Code Chapter 3.61 and State prevailing wage laws, including contractor registration with the Department of Industrial Relations.

G. 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.

6. RECORDS, REPORTS AND AUDITS OF ORGANIZATION:

A. Establishment and Maintenance of Records: Organization shall maintain records, including but not limited to books, financial records, supporting documents, statistical records, personnel, property, and all other pertinent records sufficient to reflect properly (1) all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred to perform this Agreement, and (2) all other matters covered by this Agreement.

B. Preservation of Records: Organization shall reserve and make available its records:
1) Until the expiration of five (5) years from the date of the submission of the annual financial status report.
2) For such longer period, if any, as is required by applicable law; or 3) If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five (5) years from the date of any resulting final settlement.

C. Program Report: Organization shall provide Program Reports to the City of San Mateo detailing progress made toward the provision of services as described in Exhibit "A". Reports are due by the 15th of the month following the end of each quarter. Organization shall include an Annual Report, in addition to the final quarterly report, which summarizes the achievement of stated outcomes for the program year.

7.SUSPENSION AND TERMINATION: In accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the award, and the award may be terminated

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for convenience in accordance with 24 CFR 85.44.

8.INTEREST OF PUBLIC OFFICIALS: No members, officers, employees or agents of the City, shall have any interest, direct or indirect, in this Agreement or a related subcontract.

9. INSPECTION OF PROGRAM: It is understood that periodic review of the Organization's program will be necessary under procedures set forth in the City's PLHA Subrecipient Performance Monitoring Procedures.

10. PROGRAM INCOME: Organization shall record program income as part of the financial transactions of the program. Organization agrees that program income shall only be used in performing services and activities specified in Exhibit "A". Program income not used for these purposes shall be accounted for and returned to the City.

11. REVERSION OF ASSETS: If the Organization is dissolved or ceases to exist, any PLHA funds on hand at the time of its dissolution shall be accounted for per Section 4.B and immediately returned to the City. Any real property owned by the Organization which was purchased or improved with City funds in the amount of $25,000 or more under the terms of this Agreement shall either:

A. Be used to meet one of the PLHA state objectives for at least five (5) years after the expiration of this Agreement; or
B. Be disposed of at a fair market value and a proration of these funds shall be returned to the City. The proration will be based on the percentage of PLHA funds used to acquire or improve the property as part of this contract.

12. ASSIGNABILITY: Organization shall not assign this Agreement and shall not transfer any interest in this Agreement without the prior written consent of the City.

13. 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.

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

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

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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.

17. INSURANCE: Organization shall procure and maintain for the duration of the contract the insurance as specified below:

A. 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 Organization has no owned autoes, hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Organization 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.

B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) 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 Organization; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Organization 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 Organization’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).
2) Primary Coverage: For any claims related to this contract, the Organization’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 Organization’s insurance and shall not contribute with it.
3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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4) Waiver of Subrogation: Organization hereby grants to City a waiver of any right to subrogation which any insurer of said Organization may acquire against the City by virtue of the payment of any loss under such insurance. Organization agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Organization 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. 6) 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. 7) Verification of Coverage: Organization 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 Organization’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

18. NONDISCRIMINATION:

A. General: No person shall, on the grounds of race, color, national origin, religious affiliation or non-affiliation, marital status, medical condition, sex, age, disability status, sexual orientation or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination or harassment under this Agreement.

B. Employment: Organization shall ensure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Agreement. Organization's personnel policies shall be made available to City upon request.

19. GOVERNING LAW AND VENUE. This Agreement is governed by the laws of the State of California. In the event of litigation, venue will be in the County of San Mateo.

20.PROJECT REPRESENTATION: The City and Organization hereby designate the following agents to act as project representatives and receive all notices in the execution of this Agreement.

To CITY: Nicky Vu
Housing Specialist
Community Development Department
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To ORGNIZATION: Rev. Dr. Marlyn Bussey

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Pastor and CEO
St. James Community Development
Corporation
825 MONTE DIABLO AVE
SAN MATEO, CA 94401
[SIGNATURE PAGE FOLLOWS]
This agreement has been duly executed by the following parties:

CITY OF SAN MATEO ORGANIZATION
Alex Khojikian
City Manager
Date Rev. Dr. Marlyn Bussey
Pastor and CEO
St. James Community Development
Corporation
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date

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EXHIBIT A – PROJECT SCOPE

1.PROJECT SUMMARY: St. James Community Development Corporation owns the single-family parcels at 831 Monte Diablo Avenue in the City of San Mateo, which they plan to redevelop to create the New Beginnings Supportive Housing project. Funds for this project may be used for pre-development and development of the properties to construct a new housing development for extremely low-income (30% AMI or less) transition-aged former foster youth in the City of San Mateo with 4 to 6 units.

2.PRIMARY GOALS AND OUTCOMES:

Demolish the existing single-family property at 831 Monte Diablo Avenue, San Mateo, CA and construct a new supportive housing village project consisting of four (4) to six (6) units to house extremely low-income (30%AMI or less) transition-aged (ages 18 – 24) former foster youth. The unit mix count is tentative, and an exact unit mix will be finalized prior to construction of the project, however all units must be restricted to extremely low-income households for 55 years.

3.TIMELINE: Pre-development is expected to commence in 2024 with the execution of the agreement and will continue throughout the program year. Construction will follow only after the necessary planning and building approvals are received by the applicant and the City receives an amended budget for development line item costs.

4. INCOME VERIFICATION: The applicant, St James Community Development Corporation will maintain records that the tenants of the New Beginnings Supportive Housing Development will meet the established HCD criteria of being transition-aged former foster youth that meet the definition of being extremely low- income, or 30 percent AMI (Area Median Income) at the time of entry based on accepted income documentation including paystubs, bank statements, tax returns, and federal/state assistance letters (social security, etc) and will re-certify each year at the beginning of their tenancy.

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EXHIBIT B - FY 2023-2024 AGREEMENT BUDGET
Agency: St James Community Development Corporation
Program: New Beginnings Supportive Housing
Budget Line Item San Mateo Other Funding Program Total
Pre-Development
Architecture and Engineering $50,000 $0 $50,000
Reports and Studies $125,000 $0 $125,000
Financing Costs $10,000 $0 $10,000
Operating Reserve $35,000 $0 $35,000
Builder’s Risk Insurance $15,000 $0 $15,000
OCIP Insurance $15,000 $0 $15,000
Impact Fees and Taxes $30,000 $0 $30,000
Permit Fees $30,000 $0 $30,00
Special Inspections $5,000 $0 $5,000
Contingency $31,500
SITE PREPARATION SUBTOTAL $346,500 $0 $346,500
Developer Fee $30,712 $87,249 $117,961
TOTAL $377,212 TBD $464,461

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December 19, 2023
Dear Nicky,
In January 2023, we applied to the City of San Mateo for the PLHA Housing Assistance with Case Management Program to help fund The New Beginnings Project in North Central. This permanent supportive housing will provide a safe and secure place for young adults transitioning (TAY) out of the Foster Care system. Please allow this letter to serve as an update to our August 7th addendum.

Since our August addendum, several updates have encouraged us to pursue a different unit type.

Given the recommendations of our arborist regarding tree preservation, we began to explore unit options that might provide more capability for tree protection and preservation.

In addition, with the passage of Senate Bill 4, St. James AME Zion Church and St. James Community Development Corporation now has the opportunity to provide affordable multi- family residential housing on the property at 831 Monte Diablo Street. The bill requires that 100% of the units must be affordable at specific income levels and property owner must agree to maintain the affordability of the units for at least 55 years.

As a result of these findings and legislation, we began working with Firm Foundation Community Housing, our developer, to propose a multi-family residential "Village" comprised of five 264 square foot affordable housing rental units. Firm Foundation's micro-home unit meets HCD quality standards, and is on a fixed foundation with utilities as well as a private bathroom, kitchen, appliances, and living space.

The unit has been reviewed by a CASp consultant and complies with section 11B of the 2019 California Building Code. These CA state-certified homes can be fully installed within six to eight weeks, making them a much quicker and more cost-effective alternative to other types of housing development. The units will be assembled in a temporary, HCD-approved factory and placed on site with certification placards.

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We are excited about our modified proposal for a 5-unit Village on the site, as we believe it will better align with the needs of the TAY population we are serving. Each individual will have their own private space, but the design of the Village will include group open space areas for the residents to enjoy.

We are currently in concept design review with our architect, FOG Studios. However, they have been able to provide us with a fit test design utilizing minimum requirements, such as 11B site requirements. While the attached fit test site plan is still a work-in-progress, we believe that it demonstrates that the project is feasible. A density bonus compliance memo will also accompany our planning application and describe any concessions and/or incentives that the project would like to request.

Here is our updated project development budget for our PLHA grant, highlighted in bold.

1. Monte Diablo Site Construction: Demo, Grading, Wet and Dry Utilities, Foundations, decks/ramps

2. FFCH Unit Construction: 264 sq.ft. unit

3. Pre-development expenses: Architecture, Engineering, Reports/Studies, Permit fees, Impact fees, etc.

4. Firm Foundation Developer's fee: a percentage of the above total cost of the project Development Expense Category Budget Estimate Notes
Site Construction: $541,020
Unit Construction: $423,160
Pre-development Expense: $346,500
Developer's fee: $117,961 ~9% of above sub-total
TOTAL EST. DEV BUDGET $1,428,641 5-unit Village
Pre-development expenses encompass all soft costs related to the development of the project, and exclude only Construction costs. A more detailed table of Pre-development expenses is below.

Pre-development Expenses
for Monte Diablo Project Budget Estimate Notes
Architecture and Engineering $50,000
Reports and Studies $125,000 $35K Standard reports; $90K PGE utility study/design Financing Costs $10,000
Operating Reserve $35,000
Builders Risk Insurance $15,000
OCIP Insurance $15,000
Impact Fees and Taxes $30,000 Will request Density Bonus concession, as possible Permit Fees $30,000 Will request Density Bonus concession, as possible Special Inspections $5,000 Will request Density Bonus concession, as possible Sub-total of Pre-development Expenses $315,000
Soft Cost Contingency $31,500
Sub-total of Pre-development Expenses + Soft
Cost Contingency $346,500
Developer's Fee $117,961
TOTAL PRE-DEVELOPMENT EXPENSES $464,461

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As indicated by the table, our original request of $377,212.00, in development funding will adequately cover our sub-total of pre-development and contingency expenses. Being awarded this grant will enable us to move forward with the project.

Thank you for your kind attention to this and your ongoing support of this important project.

Please do not hesitate to reach out with any questions you might have.

Sincerely,
Rev. Penny Nixon 415-269-2259
New Beginnings Project Manager
St James Community Development Corporation Saintjamescdc.org

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100
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100

MONTE DIABLO AVENUE
831 MONTE DIABLOAPN: 033-065-1305,650 SF0.129 AC
825MONTEDIABLO(ST.JAMESAMEZIONCHURCH) MIN.SETBACK15'-0"SETBACK5' - 0" MINSETBACK5' - 0" MIN MIN.SETBACK15'-0"855MONTEDIABLO

50.00'113.12'
113.12'

50.00'

EXISTING RESIDENCE TO BE DEMOLISHEDEXISTINGDRIVEWAY

EXISTING GARAGE TO BE DEMOLISHED
15'-0"28'-4"10'-0"9'-4"17'-11/2"28'-4"5'-0"21' - 9"19' - 3"9' - 0" 21' - 9"19' - 3"9' - 0"FRONT YARDMONTE DIABLO AVENUE
1(E)PARKINGSLOPEDN1:12SHARED DECKOPEN SPACESLOPE DN 1:12SHARED DECKOPEN SPACE SCALE
PROJECT NO.DATE
P.O. Box 2351Benicia, CA 94510www.fogprojects.comTIFFANY REDDING510.798.1834 STAMP

CONSULTANT LOGO
CLIENT:
1/8" = 1'-0"12/13/20234:09:40PM22.07912/13/2023SITE PLAN DIAGRAMSA1.01 MONTE DIABLOHOUSINGFIRM FOUNDATIONCOMMUNITY HOUSING831 MONTE DIABLO AVE, SAN MATEO, CA 94401 SCALE:1/8" = 1'-0"1EXISTING SITE PLAN02010
No.DescriptionDate

TRUENORTH
5 STUDIO UNITS264 GSF EACH (DIMENSIONS ARE TO FACE OF STUD)TOTAL BUILDING AREA = 1,320 SFPARKING: 1 EXISTING (WIDENED)METRICS SCALE:1/8" = 1'-0"2PROPOSED SITE PLAN

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January 29, 2024
Dear Nicky,
Please allow this letter to serve as additional relevant project information to our December 19, 2023 addendum.

In addition to the development budget information provided in the previous addendum, below are confirmed and pending Project Funding Sources, as of Jan 2024.

New Beginnings Project Funding Sources Confirmed Pending / Under Review LISC Initial Grant $15,000
Measure K District 2 Funding $60,000
LISC/SVCF Recoverable Grant $200,000
Private donations (as of Jan 2024) $40,000
PLHA Program $377,212
NOFA 24/25 Measure K $1,300,000
Sub-totals $315,000 $1,677,212
New Beginnings Development Budget - Dec 2023 Draft $1,428,641 Funding Gap as of Jan 2024 $1,113,641
As you can see, the PLHA Housing Assistance with Case Management Program award would significantly progress our efforts to realize The New Beginnings Project in North Central.

Thank you for your kind attention to this and your ongoing support of this important project. Please do not hesitate to reach out with any questions you might have.

Sincerely,
Rev. Penny Nixon 415-269-2259
New Beginnings Project Manager
St James Community Development Corporation Saintjamescdc.org

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-5131 File ID: 24-8388 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: February 20, 2024
SUBJECT:

San Mateo County Vehicle Theft Task Force – Agreement
RECOMMENDATION:

Approve the Agreement between the City of San Mateo and the San Mateo County Vehicle Theft Task Force for the assignment of one police officer through June 30, 2025, and authorize the Chief of Police to execute the no-cost agreement in substantially the form presented.

BACKGROUND:

The San Mateo County Vehicle Theft Task Force (VTTF) is a unit composed of officers from local law enforcement agencies, the California Highway Patrol and the San Mateo County Sheriff’s Office. The VTTF operates under the authority of the San Mateo County Police Chiefs and Sheriffs Association through a Joint Powers Agreement (JPA) to which the County and all incorporated cities are parties.

Vehicle theft is a considerable problem in San Mateo and throughout the County. The City of San Mateo currently has one police officer assigned to the VTTF, whose assignment is scheduled to conclude February 28, 2024. During the time our officer has been assigned to the VTTF, considerable efforts have been made to abate auto theft in San Mateo. The partnership with the VTTF has enabled our department to obtain firsthand knowledge of activity of auto thieves operating in San Mateo, and provides a valuable opportunity for officers to expand their expertise in investigations and act as liaison between the police department and this vital countywide unit.

The City and the VTTF wish to continue the assignment through June 30, 2025, so that both parties may better assist one another in the detection, apprehension, and prosecution of vehicle theft related criminal activity, and improve engagement in a coordinated and concentrated effort to combat vehicle theft in San Mateo County and in the City of San Mateo. It is the City’s policy that inter-governmental agency agreements be approved by the City Council. The proposed Agreement (Attachment 1) formalizes the assignment, defines the relationship between parties, and outlines cost sharing and reimbursement parameters.

BUDGET IMPACT:

The assignment of one officer to the VTTF for this purpose has been planned for and is reflected in current operating budget. The VTTF will reimburse the City for 75% of the cost of the salary and benefits for the officer assigned, and 100% of any overtime worked for the benefit of VTTF. If approved this will be included in the proposed 2024-2025 budget.

ENVIRONMENTAL DETERMINATION:

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

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

ATTACHMENTS
Att 1 – Agreement

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Tricia Toomey, Business Manager
[email protected]
(650) 522-7623

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AGREEMENT BETWEEN THE SAN MATEO COUNTY VEHICLE THEFT TASK

FORCE AND THE CITY OF SAN MATEO

THIS AGREEMENT, entered into this day ___________ 2024, by and between the COUNTY OF SAN MATEO VEHICLE THEFT TASK FORCE, hereinafter called “VTTF,” and CITY OF SAN MATEO, hereinafter called “Contractor”, and collectively hereinafter called “Parties”;

W I T N E S S E T H:

WHEREAS, The VTTF is a unit composed of officers from the California Highway Patrol and the Sheriff’s Office located in San Mateo County. The VTTF operates under the authority of the San Mateo County Police Chiefs and Sheriff Association through a Joint Powers Agreement (JPA) to which the County and all the incorporated cities are parties;

WHEREAS, The Police Chief of San Mateo is a member of the San Mateo County Police Chiefs and Sheriff Association;

WHEREAS, The Parties understand that this agreement is distinct from and independent of the terms of the JPA establishing the VTTF and its amendments and that, by this agreement, the JPA is in no way modified or amended;

WHEREAS, The Board of Directors appoints a Commander for the San Mateo County Narcotics Task Force and Vehicle Theft Task Force. The Commander holds the rank of Lieutenant or higher in a participating agency in order to be eligible for appointment.

WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of combating vehicle theft related crime in San Mateo County.

WHEREAS, it is necessary and desirable that Contractor assign a peace officer (the “Officer”) to the VTTF so that Contractor and the VTTF can better assist one another in the detection, apprehension, and prosecution of vehicle theft related criminal activity, and improve engagement in a coordinated and concentrated effort to combat vehicle theft in San Mateo County and the City of San Mateo;

WHEREAS, the Parties believe it fair to reimburse Contractor for a part of the cost of the Officer assigned to the VTTF in a manner reflects the contribution of the Officer to the VTTF’s County-wide efforts while the Officer remains an employee solely of Contractor.

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

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Attachment I—§ 504 Compliance

2. Services to be performed by Contractor
In consideration of the payments set forth below, Contractor shall assign a San Mateo Police Officer to the VTTF.

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth herein and in Exhibit A, VTTF shall reimburse Contractor in an amount constituting 75% of the cost of salary and benefits paid to the Officer by Contractor and100% of overtime paid as a result of overtime worked for the benefit of the VTTF but excluding any worker’s compensation payments, benefits, reimbursement or costs. The reimbursement will be made quarterly based on invoices generated by Contractor.

4. Term and Termination
Subject to compliance with all terms and conditions, the term of this Agreement shall be from March 1, 2024, through June 30, 2025.

This Agreement may be terminated by Contractor, the VTFF Commander, or his/her designee at any time without a requirement of good cause upon fifteen (15) days’ written notice to the other party.

In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of VTTF and shall be promptly delivered to VTTF. Upon termination, Contractor may make and retain a copy of such materials. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement.

Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement.

5. Availability of Funds
VTTF may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or VTTF funds by providing written notice to Contractor as soon as is reasonably possible after VTTF learns of said unavailability of outside funding.

6. Relationship of Parties

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6.1 Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent Contractor and not as an employee of VTTF and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of VTTF employees.

6.2 Officer assigned to VTTF shall take direction from the VTTF Commander and comply with the rules and regulations set forth in the Operations Manual adopted by the Board of Directors of the VTTF unless those rules and regulations conflict with the rules and regulations of the San Mateo Police Department, in which case the rules and regulations of the San Mateo Police Department shall take precedence.

Further, ultimate responsibility for supervision and training of any Police Officer assigned to the Vehicle Theft Task Force remains with Contractor. However, when any conflict is found to exist between VTTF policy and training and Contractor policy and training, the matter will be brought to the attention of the Commander by Contractor who will so advise the Board of Directors for action as they may determine.

6.3 The San Mateo Police Chief shall be immediately notified of all personnel complaints against any officer assigned to the task force. Personnel complaints will be investigated by the San Mateo Police Department pursuant to San Mateo Police Department policy.

6.4 If discovery or disclosure of peace officer personnel records, or records maintained pursuant to Penal Code Section 832.5 or information from such records is sought concerning the any officer assigned to the VTTF, the San Mateo Police Department shall be responsible for responding to the discovery or disclosure request. The VTTF shall provide to the San Mateo Police Department any of its records necessary to respond to the discovery or disclosure request to the extent permitted by law.

6.5 The VTTF will furnish equipment to the Officer assigned to the VTTF that includes, but is not limited to, safety equipment, surveillance equipment, vehicles, and other items to the extent issued to other members assigned to the VTTF.

6.6 All money received through state asset forfeiture or federal equitable sharing will remain with the VTTF to supplement task force operating costs and upgrades.

6.7 The release of information regarding VTTF operations will normally be coordinated through the VTTF Commander. Additionally, in the event of an officer involved shooting or highly publicized VTTF activity, participating agencies will attempt if feasible to meet and confer in advance regarding what agency will release what type of information.

6.8 Any officer involved shootings or accidental discharges involving the Contract Officers assigned to the VTTF shall be investigated by Contractor in conjunction with SMCPCSA OIS Protocol.

6.9 Any on-duty vehicle collision involving the Officer assigned to the VTTF shall be investigated and reported by Contractor in collaboration with VTTF Commander.

7. Hold Harmless

7.1. Contractor shall defend, hold harmless and indemnify VTTF and the County of San Mateo, their officers, agents, and/or employees from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or omissions

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of Contractor, its officers, agents and/or employees including, but not limited to claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out acts performed by the VTTF, its officers, agents and/or employees.

7.2. VTTF shall defend, hold harmless and indemnify Contractor, its officers, agents and/or employees from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or omissions of VTTF, its officers, agents and/or employees including, but not limited to claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out acts performed by the Contractor, its officers, agents and/or employees.

7.3. In the event of the concurrent negligence of Contractor, its officers, agents and/or employees, and VTTF, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of this Agreement shall be apportioned under California’s theory of comparative fault as presently established or may be hereafter modified.

7.4 Contractor will be responsible for the defense of any of its employees assigned to the VTTF in any lawsuit filed against that employee, regardless of the allegations.

7.5 The parties understand and agree that because the Officer assigned will be deemed to be continuing under the employment of the Contractor, any damage, injury, disability, or death incurred by the Officer while working with the VTTF shall be deemed to have arisen out of and to have been sustained in the course of the Officer’s employment with Contractor. The Officer assigned to the VTTF who sustains any damage or injury arising out of and in the course of his work with the VTTF shall be accorded by Contractor all of the same benefits, including Workers Compensation Benefits, which he would have received if he had been acting under the immediate direction of Contractor. If the Officer, or anyone on his behalf, files a claim for Workers’ Compensation or claims and violation of any labor or employment laws against the VTTF, for any damage or injury claimed to have been sustained while working with the VTTF, Contractor shall indemnify, defend, and hold harmless the VTTF.

8. Assignability, Subcontracting and Assignment of Officer

8.1 Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of VTTF. Any such assignment or subcontract without VTTF’s prior written consent shall give VTTF the right to automatically and immediately terminate this Agreement.

8.2 Contractor shall assign a single Officer to the VTTF. Before re-assigning that officer and re-assigning a different Officer, Contractor shall meet and confer in good faith with the VTTF to discuss the re-assignment and receive input from the VTTF.

Re-assignment inconsistent with the wishes of the VTTF is grounds for immediate termination of this Agreement. However, the final decision regarding assignment of its personnel remains with Contractor.

9. Insurance

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Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by VTTF’s Risk Management and Contractor shall use diligence to obtain such insurance and to obtain such approval.

Contractor shall furnish VTTF with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to VTTF of any pending change in the limits of liability or of any cancellation or modification of the policy.

These requirements may be satisfied by a certificate of self-insurance.

(1) Workers’ Compensation and Employer’s Liability Insurance. Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, (a) that it is aware of the provisions of Section 3700 of the California 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 the Labor Code, and (b) that it will comply with such provisions before commencing the performance of work under this Agreement.

(2) Liability Insurance. Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or by an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amount specified below.

Such insurance shall include:
(a) Comprehensive General Liability . . . . . . . . . . . . . . $1,000,000 (b) Motor Vehicle Liability Insurance . . . . . . . . . . . . . . $1,000,000

VTTF and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to VTTF and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the VTTF or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

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In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, VTTF, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.

10. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations.

In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

11. Non-Discrimination and Other Requirements
A. General non-discrimination. No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.

B. Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County upon request.

C. Section 504 of the Rehabilitation Act of 1973. Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.

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D. Discrimination Against Individuals with Disabilities. The Contractor shall comply fully with the nondiscrimination requirements of 41 C.F.R. 60-741.5(a), which is incorporated herein as if fully set forth.

12. Retention of Records, Right to Monitor and Audit
(a) Contractor shall maintain all required records for three (3) years after VTTF makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit of VTTF, a Federal grantor agency, and the State of California.

(b) Reporting and Record Keeping: Contractor shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State, and local agencies, and as required by VTTF.

(c) Contractor agrees upon reasonable notice to provide to VTTF, to any Federal or State department having monitoring or review authority, to VTTF’s authorized representatives, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.

13. Merger Clause & Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated herein by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

14. Controlling Law and Venue
The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

15. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1)

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transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of VTTF, to:

Name/Title: Michael Leishman, Lieutenant
Address 400 County Center, RWC, CA 94063
Telephone: 650-573-3592
Facsimile: 650-594-9327
Email: [email protected]

In the case of Contractor, to:

Name/Title: Dave Peruzzaro, Captain
Address: 200 Franklin Parkway, San Mateo, CA 94403
Telephone: 650-522-7684
Facsimile: 650-522-7601
Email: [email protected]

The SMCVTTF agrees that the Commander will furnish to the San Mateo Police Department upon request any reports, summaries or other documents pertaining to the operation of the Task Force to the extent permitted by law.

17. Electronic Signature
If both VTTF and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo, both boxes below must be checked. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

For VTTF: ☐ If this box is checked by VTTF, VTTF consents to the use of electronic signatures in relation to this Agreement.

For Contractor: ☐ If this box is checked by Contractor, Contractor consents to the use of electronic signatures in relation to this Agreement.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

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CITY OF SAN MATEO

BY_______________________

ED BARBERINI, CHIEF OF POLICE

SAN MATEO POLICE DEPARTMENT

SAN MATEO COUNTY VEHCILE THEFT TASK FORCE

BY________________________

MICHAEL LEISHMAN, LIEUTENANT

VEHICLE THEFT TASK FORCE

COUNTY OF SAN MATEO

(Revised 7/1/13)

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-2121 File ID: 24-8397 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: February 20, 2024
SUBJECT:

Network Hardware Replacement – Purchase
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a Master Purchasing Agreement with CDW Government, LLC (CDW-G) for the purchase of network switches in the amount of $328,484.49; and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

BACKGROUND:

Network switches are the foundation of the City’s technology infrastructure. In addition to computers, telephones, and copiers, every wireless access point, video camera, or any of the growing number of Internet of Things (IoT) devices on any City site depends on network switches. The City’s strategy is to replace network switches after seven years of service to mitigate maintenance issues and support problems, and to keep equipment within industry standards. The network hardware replacement fund is based on this amortization schedule. On September 6, 2016, Council approved the previous cycle of network switches. This purchase agreement represents a continuation of these established technology replacement purchasing practices.

Staff obtained a quotation for the proposed purchase through a purchasing cooperative known as Sourcewell Cooperative Purchasing (Sourcewell). Sourcewell contracts allow participants to pay less through competitively solicited, evaluated, and awarded contracts that leverage the cooperative buying power of local government agencies. Leveraging Sourcewell results in a net savings of 61% over the list price of $848,969 on this purchase. Purchasing from CDW-G, through Sourcewell, is recommended because of CDW-G’s quality of its customer support and services. The quotation from CDWG is provided for reference. In addition, the continued use of Juniper brand products is recommended due to Juniper’s rich feature set including unrivaled network intelligence, which will substantially contribute to proactive problem resolution and security. City staff is experienced with Juniper products which greatly reduces the need and expense of outside expertise for installation and maintenance and further reduces costs.

San Mateo Municipal Code section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the City Council makes a finding concurrent with the award of the contract that the procedures are in the best interest of the City. The Sourcewell procurement service offers competitively priced contracts for goods and services, avoiding costs normally associated with the development of highly technical bid specifications, while assuring that competitive prices were received. Based on the above, staff recommends approving the purchase of network equipment pursuant to the Master Purchasing agreement with CDW-G in the amount of $328,484.49.

BUDGET IMPACT:

Funds have been accrued and are available through the Network Hardware Replacement Fund for this purchase. The total amount of the purchase will be $328,484.49.

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CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

This Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility the purchase of network equipment may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 – CDW-G Pricing Quote

STAFF CONTACT
Steve Engle, Systems and Network Manager
[email protected]
(650) 522-7062
Pete Owen, Director, Information Technology
[email protected]
(650) 522-7074

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR A PURCHASE ORDER WITH CDW GOVERNMENT,

LLC FOR THE PURCHASE OF REPLACEMENT NETWORK SWITCHES
($328,484.49)
WHEREAS, the City replaces network switches once they have exceeded their operational lifespan; and WHEREAS, City staff have determined the inventory of network switches that were last replaced in 2016 have reached the end of their operational lifespan per the replacement schedule; and WHEREAS, the City, as a public sector agency, may participate in Sourcewell Cooperative Purchasing service (Sourcewell) which offers contracts that have been competitively bid and negotiated; and WHEREAS, CDW Government, LLC (CDW-G) is a participating vendor under Sourcewell; and WHEREAS, CDW-G offers Juniper brand network switches for sale through Sourcewell; and WHEREAS, City staff have determined Juniper brand network switches purchased from CDW-G best meets the City’s needs because Juniper brand network switches have proven to be of high quality, reliable, full- featured, and with a low hardware failure rate; and
WHEREAS, Municipal Code section 3.60.070(h)(3) provides that the City may use purchasing procedures approved by the City Council if the City Council makes a finding concurrent with the award for the contract that the procedures are in the best interest of the City for the particular contract; and WHEREAS, based on the above, the Department of Information Technology recommends approval of a purchase order with CDW-G in the amount of $328,484.49 for Juniper brand network switches.

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

1. This Council action is exempt from CEQA, because it can be seen with certainty that there is no possibility the purchase of replacement network switches may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

2. Pursuant to Municipal Code section 3.60.070 (h)(3), the purchase of network switches from CDW-G through Sourcewell is in the best interest of the City because:
a. Sourcewell offers competitively priced contracts for goods and services; and b. Sourcewell avoids costs normally associated with the development of highly technical bid specifications, while assuring that competitive prices were received; and c. Purchasing network switches from CDW-G through Sourcewell will result in cost savings for the City.

3. The purchase order to CDW-G in the amount of $328,484.49 is approved, in accordance with the terms of the Sourcewell Cooperative Purchasing contract number 081419-CDW.

4. The Director of Information Technology is authorized to execute the purchase order in substantially the same form presented on behalf of the City.

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Hardware Software Services ITSolutionsBrandsResearchHub STEVE ENGYL,Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.For all other customers, click below to convert your quote to an order.This quote is subject to CDW's Third Party Cloud Services Order Form Terms and Conditions set forth at https://www.cdw.ca/content/cdwca/en/terms-conditions/third-party-cloud-services-order-form-terms-and-conditions.html.

Convert Quote to Order
QUOTE# QUOTEDATE QUOTEREFERENCE CUSTOMER# GRANDTOTALNRWL9941/10/2024NRWL9946671948$328,484.49 QUOTEDETAILSITEM QTY CDW# UNITPRICE EXT.PRICEJuniper EX4400 24-Port 10GBase-X Ethernet Switch with 2x100GbE Uplink1 7373418$6,466.00$6,466.00Mfg. Part#: EX4400-24XContract: Sourcewell 081419-CDW Tech Catalog (081419#CDW)Juniper Networks - power cable - power IEC 60320 C13 to NEMA 5-15 - 8 ft1 1413287$25.00$25.00Mfg. Part#: CBL-EX-PWR-C13-USUNSPSC: 26121636Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Juniper Networks - power supply - hot-plug redundant - 550 Watt 1 6523767$289.00$289.00Mfg. Part#: JPSU-550-C-AC-AFOContract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Juniper Networks - expansion module - Gigabit Ethernet 10 Gigabit SFP+ x 1 6493055$795.00$795.00Mfg. Part#: EX4400-EM-4SContract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Juniper EX4400 48x 1GbE PoE Ethernet Switch6 6989575$4,100.00$24,600.00Mfg. Part#: EX4400-48PContract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Juniper Networks power cable6 3221656$36.00$216.00Mfg. Part#: CBL-PWR-C15MHITEMPUSUNSPSC: 26121636

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