Agenda packet, regular meeting — San Mateo City Council, May 20, 2024 (part 1 of 9)

CITY OF SAN MATEO
City Council Regular Meeting
May 20, 2024
7:00 PM
City Hall Council Chamber 330 W.
20th Avenue San Mateo CA 94403
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine
AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.

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

To join via Zoom – click here: May 20, 2024
To join via telephone: (408) 638-0968
Webinar ID: 830 4437 1207 Passcode: 521285
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. Public Works Week – Proclamation

2. Mental Health Month – Proclamation

3. Older Americans Month – Proclamation

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

4. City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of April 1, 2024 and April 15, 2024.

CEQA: This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
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5. San Jose Student Intern – Agreement
Approve a no-cost agreement through April 26, 2029 with San Jose State University for placement of an intern and ratify execution of the agreement in substantially the form presented.

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

6. Gasoline Fuel Procurement and Delivery – Amendment
Approve Amendment No. 5 to the agreement with Pinnacle Petroleum, Inc. for gasoline fuel procurement and delivery to extend the term through June 30, 2025; increase the agreement by an amount not to exceed $515,000, for a new total agreement amount of $2,390,000; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

CEQA: Approval of Amendment No. 5 is not a project subject to CEQA, because it is a continuing administrative or maintenance activity involving the purchase of supplies. (CEQA Guidelines Section 15378(b)(2).)

7. Diesel Fuel Procurement and Delivery Services – Amendment Approve Amendment No. 5 to the agreement with Bosco Oil, Inc. dba Valley Oil Company for diesel fuel procurement and delivery to extend the term through June 30, 2025; increase the agreement amount by an amount not to exceed $310,000, for a new total agreement amount of $1,435,000; establish a contingency reserve in the amount of $75,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

8. Citywide Surface Treatment Packages 4A-1 and 4A-2 – Agreement Approve an agreement with HDR Engineering, Inc. for design professional services for the Citywide Surface Treatment Packages 4A-1 and 4A-2 in an amount not to exceed $584,000; establish a contingency reserve of $58,400; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments, including no-cost time extensions, within the contingency amount.

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

9. Citywide Street Rehabilitation Package 6B – Agreement Approve an agreement with Nichols Consulting Engineers, Inc. for design professional services for the Citywide Street Rehabilitation Package 6B project in an amount not to exceed $820,000; establish a contingency reserve of $82,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments, including no-cost time extensions, within the contingency amount.

10. Train Horn Noise Quiet Zone Projects – Service Agreement Approve a Service Agreement with the Peninsula Corridor Joint Powers Board for the Train Horn Noise Quiet Zone projects at Villa Terrace and East Bellevue Avenue in the amount of $59,440; establish a contingency reserve in the amount of $9,000; and authorize the Director of Public Works to execute the Agreement in substantially the form presented and approve amendments within the contingency amount.

CEQA: Approval of a Service Agreement between the City and the PCJPB is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the review of the Improvements design intended to minimize train horn noise may have a significant effect on the environment. (CEQA Guidelines Section 15061(b) (3).)

11. Bermuda Drive Utility Relocation Project – Agreement Adopt a Resolution to approve an agreement with Pacific Gas & Electric for the Bermuda Drive Utility Relocation Project in the amount of $186,685.48; and authorize the Director of Public Works to execute the Agreement in substantially the form presented.

12. Summer Children’s and Youth Theater Program – Agreement Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Bay Area Educational Theater Company to provide children’s and youth theater programs during the summer camp programing from June 16, 2024 through August 31, 2025 in an amount not to exceed $254,000; and authorize the Director of Parks and Recreation to execute the agreement and approve change orders up to $25,000 in substantially the form presented.

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

13. 2nd & El Camino Garage Improvements – Amendment
Approve Amendment No. 2 with ZFA Structural Engineers for additional structural investigation services at the 2nd and El Camino Garage in the amount of $45,201.50, for a revised total amount of $197,441.50; and authorize the Public Works Director to execute the amendment in substantially the form presented.

14. Casanova Park Restroom Remodel – Contingency Increase Approve an increase to the contingency reserve associated with the Newton Construction & Management, Inc. construction contract for the Casanova Park Restroom Remodel in the amount of $75,000, for a revised total contingency reserve of $120,000; and authorize the Public Works Director to issue change orders within the contingency amount.

15. Police Department and City Clerk’s Office – Classification Updates Adopt a Resolution to 1) add 1.0 Full Time Equivalent Senior Management Analyst position in the Police Department; 2) update the job specification for the classification of Senior Management Analyst; 3) increase the salary range for the Deputy City Clerk classification; and 4) update the job specification for the classification of Deputy City Clerk.

CEQA: These classification updates are not subject to CEQA, because they are government fiscal activities that will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

16. Emergency Communications Equipment – Indemnity Agreement Approve an indemnity agreement between the City and the San Mateo County Pre-Hospital Emergency Medical Services Group; and authorize the City Manager to execute the indemnity agreement in substantially the form presented.

CEQA: The approval of an indemnity agreement between the City and the JPA allowing access to upgrade public safety related communications equipment is not subject to CEQA review under the “common sense” exemption because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

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

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

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

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

17. General Plan Amendment to Adopt San Mateo's Revised 2023-2031 Housing Element Adopt a resolution to approve a General Plan Amendment to adopt the Revised Housing Element for the Sixth Housing Cycle (2023-2031) that is compliant with State law, provides a plan for at least 10,286 new housing units, and affirmatively furthers fair housing, and is exempt from review under the California Environmental Quality Act, based on the identified findings.

CEQA: The Revised Housing Element is not subject to further review under CEQA because it can be seen with certainty that it will not cause a physical change in the environment, as there are no rezonings proposed. The proposed adoption of the 2023-2031 Housing Element is considered exempt under the “common sense” exemption under state CEQA Guidelines Section 15061(b)(3) because the project involves policies, programs, and actions to meet the City’s RHNA and AFFH goals that would not have any potential for causing a significant effect on the environment, and identifies programs and actions to remove constraints and promote affordable housing development.

OLD BUSINESS

18. Local Roadway Safety Plan – Adoption
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Adopt a Resolution to adopt the Local Roadway Safety Plan.

CEQA: The Council action is not subject to CEQA review because it can be seen with certainty that there is no possibility that the adoption of a Local Road Safety Plan may have a significant effect on the environment as the plan is comprised of location-based collision data and strategies to reduce collisions that may be used to develop future safety-related projects. (CEQA Guidelines Section 15061).

19. Council Member Compensation – Ordinance Adoption
Adopt an Ordinance increasing compensation for City Council members from $600 per month to $1,200 per month, effective January 2025.

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

WATCHING A MEETING ON TV: City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal www.cityofsanmateo.org/publicmeetings 2) City YouTube channel and stream it on YouTube: http://youtube.com/CityofSanMateo 3) Watch TV live stream: https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

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

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

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

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

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 5 of 2271

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8707 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: May 20, 2024
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of April 1, 2024 and April 15, 2024.

BUDGET IMPACT:

There is no budget impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Minutes 2024-04-01 Special
Att 2 – Minutes 2024-04-01 Regular
Att 3 – Minutes 2024-04-15 Special
Att 4 – Minutes 2024-04-15 Regular

STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042
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City Council Special Meeting Minutes – 4/1/2024 Page 1

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

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
April 1, 2024
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Diaz Nash, Deputy Mayor Newsom, Council Members: Hedges, Lee, and Loraine AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:35 p.m. to consider:

1. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9: one potential case

2. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Shawnna Maltbie, Karen Huang and Stacey Cue.

Employee Organizations: Police Sergeants’ Association, San Mateo City Employees Association, SEIU Maintenance and SEIU Non-Merit Part-Time
Council reconvened at 6:30 p.m.

STUDY SESSION

3. San Mateo Police Department Homeless Outreach Team – Presentation Ed Barberini, Chief of Police, and Victoria Asfour and David Johnson, Homeless Outreach Coordinators, gave an informational presentation on the San Mateo Police Department Homeless Outreach Team.

Council asked questions of staff.

Public Comment: Four individuals provided comments that were not connected to the agenda topic. The four individuals were provided with warning to direct their comments to the agenda topic and permissions to speak were subsequently removed after failing to adhere to these warnings.

Council praised and thanked the Homeless Outreach Team for all the excellent work they are doing.

ADJOURNMENT –The meeting adjourned at 7:13 p.m.
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City Council Special Meeting Minutes – 4/1/2024 Page 2
APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk
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City Council Regular Meeting Minutes – 4/1/2024 Page 1

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

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
April 1, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:30 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. National Library Week – Recognition - Sarah Meier-Heredia, Executive Director of the Library Foundation, and James Moore, City Librarian, gave the presentation

2. Fair Housing Month – Proclamation - Josie Fulton, Community Outreach Coordinator, Project Sentinel, received the proclamation

3. National Poetry Month – Proclamation - Lauren Lin, San Mateo County Youth Poetry Ambassador, read her poem and received the proclamation

CONSENT CALENDAR
The following items, 4 through 8, were considered to be routine by the City Council. Item 9 was removed to be considered separately. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

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

4. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of January 16, 2024, and March 4, 2024.

5. On-Call Traffic Engineering Data Collection Services – Amendment Approve Amendment No. 2 to the agreement with Innovative Data Acquisitions, LLC dba IDAX Data Solutions for On-Call Traffic Engineering Data Collection Services to increase the agreement amount by $310,000 for a revised total not-to-exceed amount of $510,000; establish a contingency reserve of $30,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and approve amendments within the contingency amount.
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6. Marina Lagoon Spot Dredging Project – Agreement
Approve an agreement with Moffatt & Nichol to provide professional design and professional consultant services for the Marina Lagoon Spot Dredging Project in the amount of $207,261; establish a contingency reserve in the amount of $20,000; and authorize the Public Works Director to execute the agreement in substantially the form presented, and execute any future amendments within the contingency amount, including no-cost term extension amendments.

7. San Mateo Public Library Foundation Operating Lease – Amendment Approve an Amendment to the Property Lease and Operating Agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing on April 1, 2024, through March 31, 2025; and authorize its execution by the City Librarian.

8. Boards and Commissions – Re-Establish Annual Appointment Subcommittees Re-establish Appointment Subcommittees with Mayor Diaz Nash and the Commission Liaison to interview for vacancies, approve the following Council Members addition to the Appointment Subcommittees: Deputy Mayor Newsom to the Sustainability and Infrastructure Commission; Council Member Loraine to the Planning Commission; and Council Member Lee to the Park and Recreation Commission and Planning Commission, and rescind the Council action taken on March 18, 2024 to establish Appointment Subcommittees.

END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR

9. City Council and Boards and Commission Rules and Procedures – Update Council Member Loraine pulled this item to clarify his comments and requested a modification.

Motion to Approve the amendments to the City Council Rules and Procedures and the Boards and Commissions Rules and Procedures. Motion passed 5-0.

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

PUBLIC COMMENT
Hayley Village, Veronica, Veronica McIntyre spoke on family childcare providers. Lisa Tealer requested Council sponsorship of an event being organized by the Bay Area Community Health Advisory Council. Rick Sakuda spoke on parking on Humboldt.

OLD BUSINESS

10. Pedestrian Mall – Project Update/Street Barrier Selection, Business Feedback and Potential Pilot Program Jennifer Chen, Economic Development Manager; Stephanie Piñon, Public Works Senior Engineer; and Christina Horrisberger, Assistant City Manager, gave the presentation.

Public Comment: Mason Fong, Matt Sweeney, Matt Sweeney, Edward Duran, Guerrero Espinoza, Rafael Salah, Alam Curup, Carlos Segura, Kevin Simpson, Amy Lee, Erica Wood, Robert Anderosn, Lew Cohen, Jonathan New, Rafat Haddad, Ronnie, Chris Homs, Akash Kapoor, Paulo Rossetto, Paulina Espizona, Drew Greenspan, an organized presentation led by Don Peterson, Jordan Grimes, Erika Powell, and Tanner W provided public testimony on the project update for the pedestrian mall.
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City Council Regular Meeting Minutes – 4/1/2024 Page 3
Council asked questions of staff and gave comments.

Council consensus was to move forward with both the pilot program and the water barriers on both blocks.

Council recessed from 9:30 p.m. to 9:40 p.m.

11. Diversity, Equity, and Inclusion Task Force Accomplishments – Update Denise Garcia, Management Analyst II, gave the presentation.

Public Comment: Ligia Andrade Zuniga spoke to the item.

Council commented and asked questions.

Consensus of staff was for Option #2: Assign social impact and DEI initiatives to the Community Relations Commission.

At 10:51 p.m. the City Council took a vote to continue the meeting beyond 11:00 p.m. The motion carried 5-0.

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

PUBLIC HEARING

12. Charter Amendments – Public Hearing
Prasanna Rasiah, City Attorney, provided a presentation on potential Charter Amendment Ballot Measures, the separation of different amendments, and potential timing of ballot measure.

Council commented and asked questions.

City Attorney Rasiah indicated there will be a public hearing on May 6th.

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

Council Member Lee proposed agendizing a study session on affordable housing units administered by the City, a Council majority agreed to this. Council Member Lee proposed expediting a study session on historical resources program, a majority of Council agreed to this. Council Member Lee asked the Council to participate in the Soul Stroll on May 15th, and to sponsor the Bay Area Community Health Advisory Council event with a $5,000 donation. A majority of the Council agreed to participate in the event. City Manager Khojikian reported he would look into the budget for this and would get back to the Council on this.

ADJOURNMENT –The meeting adjourned at 11:40 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk
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City Council Special Meeting Minutes – 4/15/2024 Page 1

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

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
April 15, 2024
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:35 p.m. to consider:

1. Conference with Legal Counsel - Existing Litigation, Workers' Compensation (Paragraph (1) of subdvision (d) of Government Code Section 54956.9 Name of Case: Robert Davis
Council reconvened at 5:45 p.m.

STUDY SESSION

2. Draft Local Roadway Safety Plan
Bethany Lopez, Senior Engineer, gave the presentation on the draft Local Roadway Safety Plan.

Council asked questions of staff.

Public Comment: There were no speakers.

Council were in agreement with staff recommendations and provided direction to staff to prioritize low-cost quick implementation projects and speed management at school locations and downtown.

ADJOURNMENT –The meeting adjourned at 6:55 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk
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City Council Regular Meeting Minutes – 4/15/2024 Page 1

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

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
April 15, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. City Clerk Patrice M. Olds – Commendatory Retirement Resolution C-1 (2024) Public Comment: Mariva Godfrey, Tom Lease, Thomas Morgan, Michael Weinhauer, and Michael Nash spoke in support of the commendatory resolution.

2. Dispatcher Appreciation Week – Proclamation - Kelly O’Keefe, Police Technical Services Administrator, received the proclamation.

3. Volunteer Appreciation Week – Recognition - Denise Garcia, Management Analyst, City Manager’s Office, gave a presentation and recognized the 2024 Outstanding Volunteer Honorees: Fred Totah, Ray McClendon, Amy & Binh Thai, and Boden & Evie Smyth.

CONSENT CALENDAR
The following items, 4 through 10, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

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

4. Citywide Small Trash Capture Project – Agreement
Approve an agreement with United Storm Water, Inc. for the Citywide Small Trash Capture Project in the amount of $697,277; establish a contingency reserve in the amount of $105,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

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City Council Regular Meeting Minutes – 4/15/2024 Page 2 Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $379,386.64; approve the construction contract and establish a contingency reserve in the amount of $57,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

Enactment: Resolution No. 27 (2024)

6. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Change Order Approve Contract Change Order No. 4 to the Agreement with Herc Rentals, Inc. for a temporary emergency standby generator to support the Dale Ave Pump Station Upgrade project in an amount not to exceed $66,565.48, increasing the total agreement amount to $569,608.17; add $45,000 to the contingency reserve; extend the Agreement term to July 31, 2024; and authorize the Public Works Director to execute the change order in substantially the form presented and issue change orders within the contingency amount.

7. 2024 Annual Investment Policy – Approval
Adopt a Resolution to approve the City of San Mateo 2024 Investment Policy

Enactment: Resolution No. 28 (2024)

8. Enterprise Resource Planning Software Project - Supplemental Budget Appropriation and Change Orders Adopt a Resolution to approve a supplemental budget appropriation of $211,305 of unassigned fund balance from the Equipment Replacement Fund to increase the budget for the Enterprise Resource Planning Software Project; approve Change Order No. 7 to the master services agreement with Collaborative Solutions, LLC for ERP implementation services in the amount of $396,705, for a new agreement total of $4,539,370; approve Change Order No. 443997 to the master subscription agreement with Workday, Inc. for delivery assurance services in the amount of $24,600, for a new agreement total of $177,355; and authorize the City Manager to execute the Change Orders in substantially the form presented.

Enactment: Resolution No. 29 (2024)

9. City Council Priority List – Adoption
Adopt the City Council Priority List for fiscal year 2024-25.

10. B Street Pedestrian Mall Improvements Project – Bid Rejection Adopt a Resolution to reject all bids received for the B Street Pedestrian Mall Improvements Project; and authorize the Public Works Department to initiate a second Notice Inviting Bids.

Enactment: Resolution No. 30 (2024)

PUBLIC COMMENT
Jen Kilroy suggested a hybrid option for the pedestrian mall. Robert Till, Kendall Catanzaro, and Sabrina Lankenau, Merry Tu, Samsung SM-S911U, Connie Weiss all commented regarding the need for a permanent dog park.

PUBLIC HEARING

11. Fiscal Year 2024-25 Comprehensive Fee Schedule – Approval Karley Toffey, Senior Management Analyst, and Karen Huang, Finance Director, gave the presentation.

Council and questions and commented.
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City Council Regular Meeting Minutes – 4/15/2024 Page 3 Adopt a Resolution to approve the revisions to the proposed fiscal year 2024-25 Comprehensive Fee Schedule.

Motion passed 5-0.

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

Enactment: Resolution No. 31 (2024)

NEW BUSINESS

12. 2024-29 Capital Improvement Plan Preview
Matt Fabry, Public Works Director, gave the presentation. Council provided feedback on the 2024-29 Capital Improvement Plan.

Public Comment: There were no speakers.

Council provided general direction and feedback on the 2024-29 Capital Improvement Plan.

Council recessed from 10:01 p.m. to 10:10 p.m.

13. General Fund 2024-25 Operating Budget – Preview and General Fund Ten-Year Forecast Karen Huang, Finance Director, gave the presentation.

Council and questions and commented.

Public Comment: Mason Fong provided suggestions for revenue generation and deficits.

Council consensus was agreement with staff recommendation to pursue a middle-ground approach for general fund long-range planning.

14. City Manager, City Attorney, Department Head and Deputy Director Compensation Plan – Amendment Alex Khojikian, City Manager, gave the presentation.

Council and questions and commented.

Public Comment: There were no speakers.

Adopt a Resolution to amend the Compensation Plan to: 1) add Juneteenth, June 19th as an annual holiday; 2) increase the salary range for the Police Chief classification; and 3) increase the salary range for the Human Resources Director classification. Motion passed 5-0.

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

Enactment: Resolution No. 32 (2024)

REPORTS AND ANNOUNCEMENTS
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City Council Regular Meeting Minutes – 4/15/2024 Page 4 City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and events happening in San Mateo. Deputy Mayor Newsom queried Council’s interest in bringing back to the Council further discussion on a permanent dog park. City Manager Khojikian clarified that downtown plan is an opportunity to review available spaces for dog park locations. Deputy Mayor Newsom proposed bringing back to the Council a discussion on converting Fire Station 25 into a Police substation, a Council majority agreed to agendize this discussion. Deputy Mayor queried the Council on recognizing Arab-American Heritage Month during a Council Member in 2025, a majority of Council supported this.

ADJOURNMENT –The meeting adjourned at 11:05 a.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk
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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: 5 Section Name: CONSENT CALENDAR Account Number: 10-6621 File ID: 24-8668 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Library Department
MEETING DATE: May 20, 2024
SUBJECT:

San Jose Student Intern – Agreement
RECOMMENDATION:

Approve a no-cost agreement through April 26, 2029 with San Jose State University for placement of an intern and ratify execution of the agreement in substantially the form presented.

BACKGROUND:

The Library Department is interested in becoming an intern site for San Jose State University, School of Information. SJSU is the only university in the Bay Area that offers a Master’s in Library and Information Science (MLIS). It is a large program with plenty of eager students who want internships. The SJSU internships are unpaid but will require supervision from library staff as well as site insurance.

Due to the specialized nature of librarian work, it is preferred to have an intern pursuing a MLIS degree. The intern’s primary focus would be assisting with the summer learning program from June to August of 2024. It has been many years since the library hosted an intern from SJSU, but past experiences have been positive. The intern will gain valuable experience that will assist them in their career, and the library would gain added capacity and support for staff.

Since SJSU is a public college, the agreement is considered an intergovernmental agreement. Thus, it is required to be presented to City Council for approval per the City’s Authorization to Execute Contracts and Agreements policy. The agreement clarifies the roles and responsibilities of the university and internship site. However, the proposed agreement has already been signed, thus staff is seeking Council ratification of its execution.

BUDGET IMPACT:

There is no budgetary impact associated with this item.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
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CITY OF SAN MATEO

STAFF CONTACT
Rukshana Singh, Deputy City Librarian
[email protected]
(650) 522-7804
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University Organization Agreement
University-Organization Agreement
This agreement entered into on the date provided below between SAN JOSE STATE UNIVERSITY referred to as "SJSU" and your organization (listed below), referred to as "the Learning Site".

Organization Name City of San Mateo
Date Wed, 05/22/2024
I. STATEMENT OF PURPOSE
A. San Jose State University
San Jose State University is committed to experiential and applied learning experiences for students. This is accomplished through field education, service learning, internships, research, and other forms of community engagement that integrate the STUDENT(S)’s academic study with practical experience. Through such activities students enhance their knowledge of their academic discipline and deepen their sense of civic responsibility, self-awareness, and professional development.

B. Learning Site a government agency
The Learning Site is the type of organization listed above and is located at the address listed below.

C. The Learning Site and SJSU recognize the opportunity for meaningful learning experiences through community engagement that formally integrates the student’s academic study with practical experience within the operations of a cooperating organization. SJSU supports the goals and objectives of the Learning Site program in which students will participate.

II. STUDENT LEARNING
A. Program Activities
Activities will be accomplished in accordance with the student’s Learning Plan & Participation Guidelines, reviewed and agreed upon by the STUDENT, SJSU and Learning Site prior to the start of the experience.

The STUDENT will:

1. Participate in all relevant trainings by the Learning Site as stated in Section III-A-2, Training and Orientation of this document.

2. Model professional, ethical and appropriate behavior when working with clients and when at the Learning Site.

3. Support the Learning Site that is a part of the student’s learning experience as specified by the Learning Plan & Participation
Guidelines.

4. Meet the goals of the Learning Site and the related University program in which the STUDENT is enrolled.

5. Fulfill the specific scope of work duties, identified in the student’s Learning Plan & Participation Guidelines.
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B. Safe and Productive Environment
The Learning Site is committed to providing a safe and productive environment for STUDENTS in the field program.

1. The Learning Site will:

1. Give STUDENT a complete tour of the site, and ensure that STUDENT is aware of all relevant safety policies and emergency procedures and is able to act responsibly in case of an emergency.

2. California law may require the Learning Site to obtain fingerprints of STUDENT and submit them to the Department of Justice, and/or the Federal Bureau of Investigation, for a criminal background check. It is the Learning Site’s responsibility to: 1) Determine whether such fingerprinting is required; 2) obtain the STUDENT’S fingerprints; and 3) obtain criminal background clearance from the appropriate the Learning Site.

3. California law may require the Learning Site to require STUDENT to submit results of a Tuberculosis (TB) Test. It is the Learning Site’s responsibility to: 1) Determine whether such TB testing is required; (2) to notify SJSU in writing of this requirement in advance of the student’s placement at the worksite and; (3) obtain results from STUDENT.

4. The Learning Site representative will notify the appropriate SJSU program coordinator in writing, within 24 hours of any health & safety hazards and/or incidents of violence that occur at the Learning Site worksite during the contract period.

2. SJSU will ensure that STUDENT agrees to the following:

1. Abide by the Learning Site rules and regulations while on site and working with the Learning Site clients and staff.

2. Ensure that his or her actions with the Learning Site are safe, positive, productive and ethical.

3. Advance the program and its objectives by providing support for the Learning Site and/or its staff as necessary and agreed upon in Section II-A, Program Activities, of this document.

III. STRUCTURE AND SUPPORT OF STUDENT LEARNING AT THE

LEARNING SITE
A. The Learning Site

1. Site Supervision: The Learning Site will provide a supervisor, who has been identified in the student’s Learning Plan & Participation Guidelines to be responsible for the safety and supervision of STUDENT while on site. The Supervisor will meet with the STUDENT regularly, as specified in the Learning Plan & Participation Guidelines, to facilitate the learning experience for the STUDENT, provide support, and to review progress on assignments and/or activities. All the Learning Site program staff will support the STUDENT as they interact with him/her and provide guidance and advice as necessary and appropriate.

A secondary supervisor will be responsible for the STUDENT in the absence of primary supervision.

1. The Learning Site supervisor will communicate as needed with the appropriate SJSU staff and/or faculty member.

2. The Learning Site and/or his or her designee shall meet with the appropriate SJSU staff or coordinator as needed in order to facilitate the most mutually beneficial experience for all parties involved, or at the request of any of the parties involved.

2. Training and Orientation: The Learning Site supervisor will provide specific training needed by the STUDENT to achieve the work identified in the Learning Plan & Participation Guidelines.

3. Work Space: STUDENT will have an appropriate space at the Learning Site in which to conduct his/her assigned work. The Learning Site will provide access and training for any and all equipment necessary 20 of 2271
for STUDENT to fulfill his/her role.

4. Evaluation/Field Assessment

1. The Learning Site supervisor will complete and return a student evaluation regarding quality of service, research and/or work that the STUDENT provided to the Learning Site as required or as agreed upon in the student’s Learning Plan & Participation Guidelines.

2. The Learning Site supervisor will complete and return any required evaluations of the overall quality of service provided by SJSU community engagement programs (e.g. research, servicelearning, field study, etc.) as required.

B. SJSU

1. Training and Reflection: Faculty and/or staff of the appropriate SJSU academic department, institute or program will provide training for STUDENT regarding responsibilities in Section II and will provide opportunities for STUDENT to reflect upon his/her experience working at the Learning Site worksite.

2. Supervision and Accountability: Faculty and/or staff of the appropriate SJSU academic department, institute or program will work closely with the STUDENT, the Learning Site and SJSU faculty to meet the expectations and priorities of the Learning Site.

IV. LENGTH OF AGREEMENT TERM
A. Initial Term: SJSU and the Learning Site have reached this agreement for a five (5) year period beginning with the date of execution of this agreement.

This agreement shall become effective upon execution. Either party may terminate this agreement after giving the other party 30 days advance written notice of the intention to terminate. In the case of early termination, a student may be allowed to complete their assignments as indicated in their Learning Plan & Participation Guidelines.

B. Renewal Process – This agreement may be renewed every five years upon written mutual agreement, and is based on STUDENT feedback, the Learning Site evaluations and SJSU faculty desire to continue this relationship under the conditions that:

1. SJSU and the Learning Site continue to be committed to actively supporting the goals of the other.

2. The STUDENT work is meaningful and of benefit to the Learning Site.

3. The relationship is consistent with the goals of the Learning Site, SJSU, STUDENT and FACULTY.

C. Notices – Notices, requests, consents, claims, demands, waivers and other communication shall be addressed to the parties as follows:

TO LEARNING SITE
Organization Name City of San Mateo
Street Address 330 W 20th Ave
City San Mateo
State California
ZIP 94403
Attn Rukshana Singh
Email [email protected]
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TO THE UNIVERSITY
San Jose State University
One Washington Square
San Jose, CA 95192-0041
Attn: Strategic Sourcing - Contract Services
Email: [email protected]
General Provisions
Indemnification
The Learning Site shall be responsible for damages caused by the negligence of its directors, agents, employees and duly authorized volunteers occurring in the performance of this agreement. SJSU shall be responsible for damages caused by the negligence of its directors, officers, employees and duly authorized volunteers occurring in the performance of this agreement. It is the intention of the Learning Site and SJSU that the provision of this paragraph be interpreted to impose on each party responsibility for the negligence of their respective directors, officers, employees and duly authorized volunteers.

Insurance
The Learning Site shall procure and maintain General Liability insurance, commercial form, with $2,000,000 minimum limit for each Occurrence and minimum limit of $4,000,000 General Aggregate, as mutually agreed upon for this placement agreement. This requirement can be met with a certified program of self-insurance.

The California State University system has elected to be insured for its General Liability exposure through the self-insured CSU Risk Management Authority. The State of California has elected to be self-insured for its vehicle liability and property exposures. As a State Learning Site, the California State University, Office of the Chancellor, the Trustees, and the CSU system of campuses are included in this self-insured program.

Status of Student
Students shall at no time throughout this agreement be considered officers, employees, agents or volunteers of SJSU.

Governing Law
All contracts and purchase orders shall be construed in accordance with, and their performance governed by, the laws of the State of California. Further, the Learning Site shall comply with any state or federal law applicable to the Learning Site’s performance under this Contract.

Assignments
Without written consent of SJSU, this agreement is not assignable by the Learning Site either in whole or in part.

Agreement Alterations and Integration
No alteration or variation of the terms of the agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
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Endorsement
Nothing contained in this Agreement shall be construed as conferring on any party hereto any right to use the other party’s name as an endorsement of product/service or to advertise, promote or otherwise market any product or service without the prior written consent of the other parties. Furthermore, nothing in this Agreement shall be construed as endorsement of any commercial product or service by SJSU its officers or employees.

Survival
Upon termination of this contract for any reason, the terms, provisions, representations and warranties contained in this agreement shall survive expiration or earlier termination of this agreement.

Severability
If any provision of this agreement is held invalid by any law, rule, order of regulation of any government, or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision not held to be invalid.

Entire Agreement
This agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior agreements, arrangements, and understandings with respect thereto.

No representative, promise, inducement, or statement of intention has been made by any party hereto that is not embodied herein, and no party shall be bound by or liable for any alleged representation, promise, inducement, or statement not set forth herein.

The General Provisions are incorporated by reference and made a part of this agreement. This document reflects my understanding of the relationship.

Do you agree to the conditions set forth in this UOA? Yes, I have read the University Organization Agreement as well as the General Provisions and agree as they have been set forth.

Signature
Learning Site
Any mark in the signature box below indicates agreement by the Authorized Signatory. Please sign as legibly as possible.

By:

Signer's Name Rukshana Singh
Title Deputy CIty Librarian
Date Fri, 04/26/2024
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Signer: Kim Huynh
Title of Signer: Resource Analyst
Signed Date: Fri, 04/26/2024
Signature:
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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: 6 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 24-8626 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:

Gasoline Fuel Procurement and Delivery – Amendment
RECOMMENDATION:

Approve Amendment No. 5 to the agreement with Pinnacle Petroleum, Inc. for gasoline fuel procurement and delivery to extend the term through June 30, 2025; increase the agreement by an amount not to exceed $515,000, for a new total agreement amount of $2,390,000; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

BACKGROUND:

The City procures the delivery of gasoline fuel to power vehicles and equipment in the Citywide fleet and maintains a fueling station at the Corporation Yard. Gasoline fuel is essential for City services.

In June 2020, a one-year service agreement was awarded by City Council to Pinnacle Petroleum, Inc. for the procurement and delivery of gasoline in a total not-to-exceed amount of $250,000. The approval also allowed for four (4) optional annual extensions of the service with annual increases to the budget and establishment of a contingency reserve.

Since the execution of the 2020 agreement, Amendments 1 through 4 were approved which exercised the annual extensions, added funding to the agreement, and accounted for CPI increases. Based on escalating fuel cost, the original five-year estimate from 2020 of $250,000 per fiscal year was inadequate. Staff reviewed the year-to-date cost and fuel use trends and projected a 75% annual increase. Because of this, the annual amended increases varied depending on use needs and market conditions. In addition, approved contingency reserves were also added annually to support any exceedances associated with the approved budget for each fiscal year. The current total agreement amount is $1,875,000.

Staff recommends approval of Amendment No. 5 to extend the agreement to June 30, 2025, and increase the agreement by $515,000 for a new total agreement amount not to exceed $2,390,000. This Amendment No. 5 will be the last optional annual term extension. To address any unanticipated costs, it is recommended to establish a contingency reserve in the amount of $100,000.

BUDGET IMPACT:

Fuel costs are charged back to departments based on actual usage. Funding is included in the operating budgets for the various departments that utilize gasoline fuel and any increase in use would be absorbed in their operating budget.

ENVIRONMENTAL DETERMINATION:

Approval of Amendment No. 5 is not a project subject to CEQA, because it is a continuing administrative or maintenance activity involving the purchase of supplies. (CEQA Guidelines Section 15378(b)(2).) 25 of 2271

CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 5

STAFF CONTACT
Daniel Heffelfinger, Fleet Services Supervisor
[email protected]
650-522-7366
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287
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Contract Amendment Page 1 of 2
CAO Approved March 2024
AMENDMENT NO. 5 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
PINNACLE PETROLEUM, INC. FOR

GASOLINE FUEL PROCUREMENT AND DELIVERY FOR PUBLIC WORKS This Amendment is made and entered into this day of ____________, by and between the CITY OF SAN MATEO (“CITY”), a municipal corporation existing under the laws of the State of California, and PINNACLE PETROLEUM, INC. (“CONTRACTOR”).

WHEREAS, CITY and CONTRACTOR wish to amend the Agreement effective July 1, 2024, and exercise the fourth and final one-year agreement extension, for an amount not to exceed $515,000.00, for a revised total agreement amount of $2,390,000.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – “Term” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on July 1, 2020, and conclude on June 30, 2025.”

2. Section 5 – “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of payment requested 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 the amount not to exceed $2,390,000, pursuant to rates stated in Exhibit B, attached and incorporated by reference.”

3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
CAO Approved March 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and PINNACLE PETROLEUM, INC. have executed this Amendment No. 5 on _____________.

CITY OF SAN MATEO PINNACLE PETROLEUM, INC.

Matthew Fabry
Director of Public Works
Date Liz McKinely
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
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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: 7 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 24-8623 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:

Diesel Fuel Procurement and Delivery Services – Amendment RECOMMENDATION:

Approve Amendment No. 5 to the agreement with Bosco Oil, Inc. dba Valley Oil Company for diesel fuel procurement and delivery to extend the term through June 30, 2025; increase the agreement amount by an amount not to exceed $310,000, for a new total agreement amount of $1,435,000; establish a contingency reserve in the amount of $75,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

BACKGROUND:

The City procures the delivery of clear renewable diesel fuel to power the Citywide fleet including dump trucks, street sweepers, sewer flusher trucks, and light-duty maintenance trucks. Additionally, red diesel is used to power off-road equipment, including the Marina Lagoon Pump Station and emergency generators.

In June 2020, a one-year service agreement was awarded by City Council to Bosco Oil, Inc, dba Valley Oil Company for the procurement and delivery of red and clear diesel fuel in a total not-to-exceed amount of $150,000. The approval also allowed for four (4) optional annual extensions of the service with annual increases to the budget and establishment of a contingency reserve.

Since the execution of the 2020 agreement, Amendments 1 through 4 were approved and executed to provide annual term extensions, add funding to the agreement, and account for CPI increases. Based on escalating diesel fuel cost, the original five-year estimate from 2020 of $150,000 per fiscal year was inadequate. Staff reviewed the year-to-date cost and fuel use trends and projected a 100% annual increase in cost compared to the original estimate. Because of this, the annual amended increases varied depending on use needs and market conditions. In addition, approved contingency reserves were also added annually to support any exceedances associated with the approved budget for each fiscal year.

The current total amended agreement amount is $1,125,000.

Staff recommends approval of Amendment No. 5 to extend the agreement to June 30, 2025, and increase the agreement by $310,000 for a new total agreement amount not to exceed $1,435,000. This Amendment No. 5 will be the last optional annual term extension. To address any unanticipated costs, it is recommended to establish a contingency reserve in the amount of $75,000.

BUDGET IMPACT:

Fuel costs are charged back to departments based on actual usage. Funding is included in the operating budgets for the various departments that utilize diesel fuel and any increase in use would be absorbed in their operating budgets. 29 of 2271

CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 5

STAFF CONTACT
Daniel Heffelfinger,
[email protected]
650-522-7366
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287
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Contract Amendment Page 1 of 2
CAO Approved March 2024
AMENDMENT NO. 5 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
BOSCO OIL, INC. dba VALLEY OIL COMPANY FOR

DIESEL FUEL PROCUREMENT AND DELIVERY
This Amendment is made and entered into this day of ____________, by and between the CITY OF SAN MATEO (“CITY”), a municipal corporation existing under the laws of the State of California, and BOSCO OIL, INC. dba VALLEY OIL COMPANY. (“CONTRACTOR”).

WHEREAS, CITY and CONTRACTOR wish to amend the Agreement effective July 1, 2024, and exercise the fourth and final one-year agreement extension in an amount not to exceed $310,000, for a revised total agreement amount of $1,595,000.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – “Term” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on July 1, 2020, and conclude on June 30, 2025.”

2. Section 5 – “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of payment requested 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 the amount not to exceed $1,435,000, pursuant to rates stated in Exhibit B, attached and incorporated by reference.”

3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
CAO Approved March 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and BOSCO OIL, INC. dba VALLEY OIL COMPANY have executed this Amendment on _____________.

CITY OF SAN MATEO BOSCO OIL, INC. dba

VALLEY OIL COMPANY
Matthew Fabry
Director of Public Works
Date Bob Buck
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
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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: 8 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8660 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:

Citywide Surface Treatment Packages 4A-1 and 4A-2 – Agreement RECOMMENDATION:

Approve an agreement with HDR Engineering, Inc. for design professional services for the Citywide Surface Treatment Packages 4A-1 and 4A-2 in an amount not to exceed $584,000; establish a contingency reserve of $58,400; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments, including no-cost time extensions, within the contingency amount.

BACKGROUND:

The City owns and maintains pavement assets consisting of approximately 200 miles of streets, bike paths, and alleyways.

The Pavement Management Program (PMP) implements annual capital improvement projects focused on pavement maintenance beyond the routine maintenance tasks performed by the City’s field maintenance crews.

On February 8, 2024, the City issued a Request for Proposals (RFP) for Engineering Design Services for multiple pavement projects including for Citywide Surface Treatment Packages 4A-1 (PMP4A1) and 4A-2 (PMP4A2) (“Projects”) that cover northern and southern portions of the City, respectively (see Attachments 2 and 3). These projects are for pavement preservation treatments only (slurry sealing and micro-surfacing). No full road-width paving or reconstruction is anticipated. The City received a total of six proposals that were evaluated for the proposed project team, approach, and estimated level of effort.

While HDR Engineering, Inc. (HDR) was identified as the second-highest ranked proposal based on experience with similar projects, comprehensive approach, and favorable references, the highest-ranked firm had already been selected for a separate contract for the Citywide Street Rehabilitation Package 6B Project. For the PMP4A1 and PMP4A2 Projects, HDR’s proposed scope, schedule, and budget all align with the City’s needs. Based on the above, staff recommends entering into a design professional services agreement with HDR to provide design services for these Projects for an amount not to exceed $584,000 and establishing a contingency reserve of $58,400 (10% of the contract budget) to cover any unforeseen changes during the design process. The proposed term of the agreement is through December 2027.

Design of the PMP4A1 and PMP4A2 Projects is anticipated to take nine months to complete. Staff anticipates advertising the PMP4A1 Project for construction in March 2025, with construction beginning in May 2025. For the PMP4A2 Project, staff anticipates advertising for construction in September 2025, with construction beginning in April 2026 after the winter season.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Package 2 (467008) project to award this agreement and establish the contingency reserve.
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CITY OF SAN MATEO
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
Att 2 – Location Map/List (4A-1)
Att 3 – Location Map/List (4A-2)

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
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Design Professional Services 2024 Page 1 of 16
Rev 1/24
AGREEMENT WITH HDR ENGINEERING INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR
CITYWIDE SURFACE TREATEMENT PACKAGE 4A-1 AND PACKAGE 4A-2 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 HDR Engineering Inc., a corporation, (“CONSULTANT”), whose address is 505 14th Street, Suite 1110, Oakland CA 94612:

RECITALS:

A. CITY desires certain professional engineering design services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these professional engineering design 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. 35 of 2271
Design Professional Services 2024 Page 2 of 16
Rev 1/24
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of agreement and be completed by December 31, 2027. The term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of the CONSULTANT.

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. CITY shall pay all undisputed amounts within 30 days following receipt of CONSULTANT’s payment request. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee, on a time and expense reimbursement basis, in an amount not to exceed $584,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Any modification or reuse of such documents for purposes other than those intended by this Agreement shall be at CITY’s sole risk and without liability to CONSULTANT.

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. 36 of 2271
Design Professional Services 2024 Page 3 of 16
Rev 1/24
SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work with the care and skill ordinarily used by members of CONSULTANT’s profession practicing under the same or similar circumstances at the same locality, 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.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 – 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 sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 38 of 2271
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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: City of San Mateo
Attn: Stephanie Piñon
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: HDR Engineering Inc.

Attn: Andrew Sekioka
505 14th Street, Suite 1110
Oakland, CA 94612
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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 and CONSULTANT have executed this Agreement the day and year first above written.

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Holly Kennedy
Senior Vice President
Date
Attachments:

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

SCOPE OF SERVICES

PROJECT DESCRIPTION
CONSULTANT’s proposed scope of services includes evaluating the condition of the pavement of the street segments, conduct surveys, and recommend pavement rehabilitation solutions. CONSULTANT will prepare basis of design report, preliminary and final design plans, specifications and estimates for City to advertise the Citywide Surface Treatment Package 4A-1 and Package 4A-2 Project (Project).

SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT AND COORDINATION
CONSULTANT will prepare a preliminary Project schedule for the City’s review. The schedule will identify the critical path items, review times, and milestone deliverables. CONSULTANT will update and issue the revised Project schedule as necessary.

Task 1.2 - Project Kickoff Meeting and Initial Site Visit CONSULTANT (Project Manager and Staff Engineer) will coordinate and facilitate a Project kickoff meeting and an initial site visit with the City. The purpose of the meeting will be to gain approval of the proposed base schedule and to identify known Project issues. Meeting minutes will be prepared and distributed within five (5) working days of the meeting.

Task 1.3 - Project Review Meetings (Virtual)
CONSULTANT (Project Manager and Staff Engineer) will attend up to two (2) virtual meetings with the City. The primary purpose of each meeting will be to provide an overview of the milestone deliverable and review comments received for each milestone deliverable. A meeting will be held after the 30% PS&E deliverable and after the 90% PS&E deliverable for the City to provide comments on each.

CONSULTANT will discuss comments that require clarification from the City and obtain an agreement on the design team’s proposed methods to address the City’s comments. CONSULTANT will provide meeting minutes to the City and team members. Additionally, CONSULTANT will provide the City with a Project progress report and an invoice monthly.

Task 1.4 - Biweekly Meetings (Virtual)
CONSULTANT (Project Manager and Staff Engineer) will attend up to 20 virtual meetings with the City.

The primary purpose of each meeting will be to coordinate the design efforts and resolve issues that arise during the design process. We will present in-progress plans to the City to facilitate discussion.

Task 1.5 - Quality Control
CONSULTANT’s designated Quality Assurance/Quality Control (QA/QC) Manager will implement the QA/QC procedures established for the Project. The following QC procedures will be used in the development of the planning and engineering documents for the Project:
• Define key team members and their respective roles and responsibilities for the Project. • Identify, categorize, and incorporate correspondence, memoranda, and reports prepared for the Project within a distinct filing system that enables quick recovery upon request by the City. • Perform internal plan QC reviews by the Project Manager and task leaders to avoid conflicts and miscommunication.
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• Perform QA reviews by senior management who are not involved with the development of the Project documents at the 30% and 90% PS&E milestones before submittal to the City.

Task 1 Deliverables
• Baseline schedule
• Monthly project progress report and schedule submitted with invoice • Meeting agendas and minutes
TASK 2 – SITE INVESTIGATIONS
Task 2.1 - Field Reconnaissance and Investigation
CONSULTANT will conduct a field reconnaissance to assess the existing pavement conditions, identify areas of unstable subgrade (limits of dig-out repairs), and note locations of the existing utility manholes and valve covers. Existing ADA ramps will be field-measured, and ramp slopes will be calculated so that each ramp is ADA-compliant for streets requiring microsurfacing. CONSULTANT will also document existing curbs and gutters in need of repair.

Task 2.2 - Curb Ramp and Street Assessment Review
CONSULTANT will review the Curb Ramp Report provided by the City for each curb ramp within the street section improvement limits. CONSULTANT will assess each curb ramp for streets requiring microsurfacing and propose solutions required to meet the ADA design criteria.

Task 2.3 - Topographic Survey
The CONSULTANT Team will perform a field survey, taking survey data points at the top of curb, flow line, lip of gutter, and back of sidewalk at each curb ramp location for the following intersections anticipating curb ramp improvements associated with microsurfacing improvement only:

PMP-4A1
• 5th Avenue at El Camino Real (2 curb ramps)
• 5th Avenue at San Mateo Drive (2 curb ramps)
• 5th Avenue at Laurel Avenue (1 curb ramp)
• 5th Avenue at Ellsworth Avenue (3 curb ramps)
• 5th Avenue at B Street (1 curb ramp)
• Alameda de Las Pulgas at Parrott Drive (3 curb ramps) PMP-4A2
• • Hillsdale Boulevard at Scenic Way (1 curb ramp)
• • Hillsdale Boulevard at Countryside Drive (2 curb ramps) • • Norfolk Street at Oxford Avenue (2 curb ramps)
The topographic survey will also include the locations of surface-visible utilities (including dips of inlets and maintenance holes), utility boxes, vaults, lights, signs, fire hydrants, trees and their drip lines, and existing driveways in the vicinity of the curb ramps.
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The survey control will be based on the California State Plane Coordinate System, North American Datum of 1983 (NAD 83). The vertical control will be based on the City’s vertical datum. Topographic mapping will be created from the survey data and will be used as the base map for the design plans.

The City’s right-of-way will be based on available City as-built drawings and County record maps (parcel maps, record of surveys, subdivision maps).

Task 2.4 - Utility Investigations
CONSULTANT will conduct a search of potential utility owners (assumes up to 5 utility owners) who might have facilities within the Project limits. CONSULTANT will prepare utility request letters for the City to send to the owners, requesting record drawings of their facilities or confirming they do not have facilities that would be in conflict with the proposed improvements.

CONSULTANT will prepare a composite plan of existing utilities based on the information received from the utility owners and utility information received from the City. CONSULTANT will also identify potential conflicts between existing utilities and the proposed roadway improvements.

Task 2.5 – Utility Potholing (as needed)
CONSULTANT will prepare a potholing plan and discuss the proposed plan with the City. After reaching an agreement on the potholing plan, our potholing contractor will positively locate utilities with up to six (6) potholes. It is assumed that traffic control will be required and that fieldwork will be completed in two (2) days.

Task 2 Deliverables
• Topographic surveys
• Utility pothole report
TASK 3 – PRELIMINARY ENGINEERING
Task 3.1 – Development of Base Maps
CONSULTANT will compile the design base maps in AutoCAD, utilizing the aerial map supplemented with topographic survey, as needed.

Task 3.2 -30% Conceptual Plans
The 30% Conceptual Plans will include the following details:
• Project improvement limits, curb, gutter, ADA-compliant curb ramp improvements, identification of potential ponding areas, and pavement rehabilitation requirements. • New ADA-compliant ramp layouts with identification of potential impacts to existing utilities. At this time, discussions will be held to determine appropriate mitigation measures that minimizes impacts to the Project schedule.
• Identification of potential construction impacts associated with the pavement improvements, including loss of parking, impacts to businesses and residents, lane closure requirements, and detour routes (as needed).

Task 3 Deliverables
• 30% design submittal including plans, specifications outline, and cost estimate • Technical review workshop agenda and minutes
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TASK 4 – PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
Based on the concurrence of preliminary design, CONSULTANT will prepare draft PS&E packages.

CONSULTANT will communicate with various agencies and utility companies as necessary to obtain information regarding the existing utilities and to identify utility conflicts. After receiving draft PS&E review comments from the City, CONSULTANT will prepare for and facilitate a design review workshop with City staff to review and resolve the City’s comments.

CONSULTANT will prepare and submit final construction contract documents incorporating all comments from previous reviews. The plans will be prepared using AutoCAD and plot at appropriate scales on 22- inch x 34-inch sheets. CONSULTANT will prepare specifications in the format of Caltrans standard specifications 2018 version. The City will provide City’s Standard Specification Template based on Caltrans 2018 for consultant’s use. All special provisions and technical specifications required for construction will conform to City and Caltrans specifications. CONSULTANT will assist the City in preparing the bid document including bid schedule and description of bid items.

CONSULTANT will develop a schedule of bid items to address all required contract work and prepare clear specifications for measurement and payment. Provisions for alternate items may be considered as an approach to keep the Project within budget. CONSULTANT will identify any physical work required for project implementation outside of the construction contract and provide recommendations for the procurement method.

Utility mapping and disposition will be shown on the layout plans. The disposition of existing signage that are impacted by the curb ramp reconstruction will be shown on the curb ramp detail plans.

The Plans anticipated to be included with each submittal are presented in the following table:

Plan Set # of Sheets
(4A-1)
# of Sheets
(4A-1)
Title 1 1
Vicinity Map 1 1
General Notes 1 1
Typical Sections 22 18
Layout Plans 90 69
Sign and Striping Plans 90 69
Const. Details 12 9
Total 217 168
Task 4 Deliverables
• 90% PS&E submittal in electronic format (MS Word, Excel, and Adobe PDF) • Final PS&E submittals in electronic format (MS Word, Excel, and Adobe PDF) • Technical review workshop agenda and minutes
• Final quantity calculations and estimates
TASK 5 – BID SUPPORT
CONSULTANT will assist the City to respond to questions concerning the plans, specifications, and other bid documents prior to bid opening and prepare contract addenda, if needed. CONSULTANT will package the final PS&E into the construction contract bid documents and prepare electronic copies.

CONSULTANT will be available to answer any bidders inquiries and prepare addenda as needed to clarify the design intent on the plans and specifications.

Task 5 Deliverables
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• Contract addenda, if needed, for distribution by the City • Written responses to bidder questions for distribution by the City during bid phase Project Assumptions
CONSULTANT’s proposed scope of services and budget are provided based on the following assumptions.
• No change in overall roadway cross section
• The existing drainage systems have adequate capacity
• No new bicycle lanes/sidewalks are required
• The properties and schools will be maintained
• No intersection improvements other than ADA curb ramps will be included • No new R/W will be required
• Specifications will handle the project traffic control and public access requirements 45 of 2271
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EXHIBIT B

PAYMENT RATES

HDR ENGINEERING, INC - BILLING RATE SCHEDULE
Hourly Rate of FY 2024
(01/01/2024 - 12/31/2024)

TITLE MINIMUM MAXIMUM
Principal Engineer $330.00 $495.00
Supervising Engineer $270.00 $345.00
Senior Engineer $195.00 $315.00
Project Engineer $170.00 $285.00
Civil Engineer $120.00 $210.00
Staff Civil EIT $90.00 $165.00
Staff Civil Coordinator $90.00 $165.00
Senior Environmental Scientist $135.00 $210.00
Environmental Scientist II $120.00 $165.00
Environmental Scientist I $75.00 $120.00
Senior Biologist $165.00 $255.00
Biologist II $120.00 $165.00
Biologist I $75.00 $120.00
Senior Engineering Geologist $240.00 $285.00
Senior Geotechnical Engineer $210.00 $255.00
Senior Geologist $150.00 $240.00
Geologist II $135.00 $210.00
Geologist I $90.00 $135.00
Senior Technician $105.00 $165.00
Technician $75.00 $120.00
Technical Editor $90.00 $195.00
Project Accountant $105.00 $195.00
Project Coordinator $105.00 $195.00
• Unless expressed within the contract agreement, rates on all contracts are subject to an annual adjustment of a 5% escalation rate on January 1 of each calendar year. • Regular Mileage is per IRS rate or as otherwise specified in contract. 46 of 2271
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as additional 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.

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. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 49 of 2271
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

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. 50 of 2271
B
3RD

DELAWARE
5TH

NORFOLK
31ST
US HWY 101 SB
US HWY 101 NB

HILLSDALE
PALM
STATE HWY 92 EB
STATE HWY 92 WB
4TH
28TH
9TH
GRAN
T
IDAHO
36TH
26TH
30TH

HUMBOLDT
41ST
20TH
37TH
42ND
19TH
2ND
KEHOE
40TH
39TH
MAPLE
24TH
22ND

EL CAMINO REAL
23RD
27TH

ALAMEDA DE LAS PULGAS
EDISON
TILTON

CLAREMONT
AVILA
CL ARK

BELLEVUE
16TH

BAYSHORE

HACIENDA

PENINSULA

SAN MATEO

DE ANZA

FREMONT
DIX

SARATOGA
29TH
1ST
ELM
FLORES
LODI
MARTIN

PARROTT
25TH

BRANSON
BIRCH

J HART CLINTON
YEW
PICO

SEVILLE

POLHEMUS
OAK
NORTON
DALE

ROBERTA

ELLSWORTH

VIR G IN IA
NEVADA

HARVARD

W ARREN

EDINBURGH
CONCAR

CURTISS
QUEBEC
VILLA
MASON
BAZE
OTAY
CSM
FIESTA
10TH

CRYSTAL SPRINGS

HIGHLAND
POPLAR
INDIAN

PATRICIA

FA SHION ISLAND
RAND

LA SELVA

FRANKLIN
15TH

RAILROAD
SONORA
TILIA

PARK W OOD

MONTEREY
EDG
EWO
O
D
LAUREL
YORK

POINSETTIA
17TH

LA CASA
ORINDA

MARINERS ISLAND

BARROILHET

BARNESON
LOUISE

GLENDORA
ALLEY
38TH
43RD
THIRD
KINGS
HAMLET

OCCIDENTAL

FERNW OOD
G U
M
K
I

NGRIDGE
CAMPU
S
PRAGUE

PACIF IC
DAY
LAGO

HOLLAND

AMPHLETT
WAYNE

ENSENADA
LOS P
RA
D
O
S

BROMF IELD
WOLFE
7TH
NORTH
SHASTA

LAURELWO OD
PARK

WILSHIRE
STATE

CARLISLE

COLEGROVE

AR MADA
BAKER

B O VET
S HOAL

HUR LINGHA M
LIVE
OAK

MISSION
EDNA

F ATH OM
ANNA
VERDUN

CH E RRYWOOD
POLK
PL AYA
DEWEY
LAKE
PECK
GR
A
M
E RCY

LAURIE MEADOWS

BAYWOOD

DE TR OIT

ROSILIE
GARVEY

CRESTWOOD

BRIDGEPOINTE
CHESS
ARK

ERI C SO
N
REEF

WOODLAND

TICONDEROG A

BAYR IDGE
HILL
C
R
E
ST

SE AGATE
LINDA

ALMADEN
EATON
LEONA
VISTA
ENGLE

OVERLOOK

VAILWOOD

TREETOP

SALISBURY
HOWARD
2ND
ALLEY
40TH
10TH
EDISON
28TH
PARK
ALLEY

CLAREMONT
31ST

PARROTT

EL CAMINO REAL
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Street Name From To
2nd Avenue Lindberg Norfolk
5th Avenue Delaware Claremont
5th Avenue B El Camino Real
9th Avenue Amphlett Humboldt
10th Avenue El Camino Real Railroad
12th Avenue El Camino Real B
14th Avenue El Camino Real Railroad
Alameda de las Pulgas Virginia Parrott
Avila Road Edinburgh Alameda de las Pulgas
Barroilhet Avenue City Limit Occidental
Beacon Avenue Norfolk Pavement Change @ Bayshore
Birch Avenue Sunnybrae 16th
Castilian Way Notre Dame Maple
Catalpa Avenue San Mateo Railroad
Costa Rica Avenue Clark Poplar
Costa Rica Avenue Warren Clark
Crescent Avenue Barroilhet Clark
Crystal Springs Road 3rd Irving
Crystal Springs Road Alameda de las Pulgas City Limit
Crystal Springs Road El Camino Real City Limit
Crystal Springs Road Irving Alameda de las Pulgas
Darwin Avenue Norfolk Eisenhower
Delaware Street Birch Sunnybrae
Edgewood Road Barroilhet Warren
Edgewood Road Warren Glendale
El Portal Avenue Poplar City Limit
Ellsworth Avenue 4th Baldwin
Ericson Road Santa Inez City Limit
Fremont Street Santa Inez Indian
Fremont Street 4th 3rd
Garvey Way Delaware End
Georgetown Avenue Alameda de las Pulgas Harvard
Georgetown Avenue Harvard Virginia
Hobart Avenue Maple El Camino Real
Huron Avenue Monte Diablo Trollman
Ivy Street 18th 17th
Jefferson Court Peninsula State
Laural Avenue 7th 9th
Lawrence Road Fremont End
Lodi Avenue Echo Kehoe
Lodi Avenue Norfolk Echo
Maple Street Barneson Borel
Nevada Avenue Bucknell Alameda de las Pulgas
Nevada Avenue Yale Bucknell
Notre Dame Avenue El Camino Real Maple
Occidental Avenue Barroilhet Clark
Occidental Avenue Clark Poplar
Ocean View Avenue Shoreview Newbridge
Parrott Drive Jackson Franklin
Parrott Drive Treetop Wildwood
Peninsula Avenue Bayshore Airport
Railroad Avenue 4th 3rd
Railroad Avenue Monte Diablo Tilton
Railroad Avenue Tilton B
Sonora Drive Harvard Alameda de las Pulgas
Sonora Drive Maple Edinburgh
State Street El Camino Real San Mateo
Taylor Street Pershing Hancock
Verano Court Parrott City Limit
Virginia Avenue Alameda de las Pulgas 5th
Washington Street Pershing Queens
Wolfe Drive Connie Betty
Woodland Drive City Limit Barneson
Yale Drive Parrott Nevada
Young Street Cottage Grove Patricia
List of Street Segments (4A-1)
Page A1-1
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B
3RD

DELAWARE
5TH

NORFOLK
31ST
US HWY 101 SB
US HWY 101 NB

HILLSDALE
PALM
STATE HWY 92 EB
STATE HWY 92 WB
4TH
28TH
9TH
GRAN
T
IDAHO
36TH
26TH
30TH

HUMBOLDT
41ST
20TH
37TH
42ND
19TH
2ND
KEHOE
40TH
39TH
MAPLE
24TH
22ND

EL CAMINO REAL
23RD
27TH

ALAMEDA DE LAS PULGAS
EDISON
TILTON

CLAREMONT
AVILA
CL ARK

BELLEVUE
16TH

BAYSHORE

HACIENDA

PENINSULA

SAN MATEO

DE ANZA

FREMONT
DIX

SARATOGA
29TH
1ST
ELM
FLORES
LODI
MARTIN

PARROTT
25TH

BRANSON
BIRCH

J HART CLINTON
YEW
PICO

SEVILLE

POLHEMUS
OAK
NORTON
DALE

ROBERTA

ELLSWORTH

VIR G IN IA
NEVADA

HARVARD

W ARREN

EDINBURGH
CONCAR

CURTISS
QUEBEC
VILLA
MASON
BAZE
OTAY
CSM
FIESTA
10TH

CRYSTAL SPRINGS

HIGHLAND
POPLAR
INDIAN

PATRICIA

FA SHION ISLAND
RAND

LA SELVA

FRANKLIN
15TH

RAILROAD
SONORA
TILIA

PARK W OOD

MONTEREY
EDG
EWO
O
D
LAUREL
YORK

POINSETTIA
17TH

LA CASA
ORINDA

MARINERS ISLAND

BARROILHET

BARNESON
LOUISE

GLENDORA
ALLEY
38TH
43RD
THIRD
KINGS
HAMLET

OCCIDENTAL

FERNW OOD
G U
M
K
I

NGRIDGE
CAMPU
S
PRAGUE

PACIF IC
DAY
LAGO

HOLLAND

AMPHLETT
WAYNE

ENSENADA
LOS P
RA
D
O
S

BROMF IELD
WOLFE
7TH
NORTH
SHASTA

LAURELWO OD
PARK

WILSHIRE
STATE

CARLISLE

COLEGROVE

AR MADA
BAKER

B O VET
S HOAL

HUR LINGHA M
LIVE
OAK

MISSION
EDNA

F ATH OM
ANNA
VERDUN

CH E RRYWOOD
POLK
PL AYA
DEWEY
LAKE
PECK
GR
A
M
E RCY

LAURIE MEADOWS

BAYWOOD

DE TR OIT

ROSILIE
GARVEY

CRESTWOOD

BRIDGEPOINTE
CHESS
ARK

ERI C SO
N
REEF

WOODLAND

TICONDEROG A

BAYR IDGE
HILL
C
R
E
ST

SE AGATE
LINDA

ALMADEN
EATON
LEONA
VISTA
ENGLE

OVERLOOK

VAILWOOD

TREETOP

SALISBURY
HOWARD
2ND
ALLEY
40TH
10TH
EDISON
28TH
PARK
ALLEY

CLAREMONT
31ST

PARROTT

EL CAMINO REAL
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Street Name From To
19th Avenue Ivy Leslie
22nd Avenue Flores El Camino Real
22nd Avenue Hacienda Flores
24th Avenue Isabelle El Camino Real
25th Avenue Alameda de las Pulgas Hacienda
29th Avenue Alameda de las Pulgas Fernwood
29th Avenue Juniper Edison
31st Avenue Hacienda Alameda de las Pulgas
38th Avenue El Camino Real King
39th Avenue Orinda Pasadena
39th Avenue Fernwood Southwood
42nd Avenue Bettina Kingridge
42nd Avenue Y @ Camden Edison
42nd Avenue End Bettina
Annapolis Drive Bermuda Portsmouth
Bermuda Drive Kent End
Beverly Street 31st 30th
Bridgepoint Parkway Bridgepoint Bridgepoint
Clearview Way City Limit Hillsdale
Clearview Way Hillsdale End
Condon Court Parkwood End
Corte de Flores 27th End
Countryside Drive Hillsdale Homewood
Cragmont Court Hillsdale End
Crestwood Court Mulberry End
Curtiss Street Hillsdale End
Curtiss Street 71' N/O Otay Hillsdale
Curtiss Street San Miguel 71' N/O Otay
Dolores Street 26th Parkside
Dumont Street 43rd 42nd
Edison Street 39th 42nd
Ginnever Street Bermuda 19th
Hacienda Street 37th 39th
Hillsdale Boulevard Fernwood Alameda de las Pulgas
Hillsdale Boulevard Glendora Countryside
Hillsdale Boulevard Hillsdale Pl Fernwood
Los Prados Street Bahia 1300' S/O El Parque
Los Prados Street El Parque Bahia
McAker Court 20th End
Murray Court Hacienda End
Neptune Court Shoal End
Norfolk Street Roberta Darwin
Norfolk Street Shoreview 3rd
Overlook Court End End
Parkside Way Alameda de las Pulgas Doloras
Poinsettia Avenue Saratoga Branson
San Miguel Way Otay Curtiss
Santiago Street San Miguel 38th
Spyglass Drive Hillsdale Overlook
Stratford Way 22nd 20th
Sullivan Street Bermuda Fiesta
Tanglewood Way Woodbridge Woodbridge
Trader Lane Fathom Mariner's Island
Viewridge Drive Laurel Creek End
List of Street Segments (4A-2)
Page A2-1
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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: 9 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8661 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:

Citywide Street Rehabilitation Package 6B – Agreement
RECOMMENDATION:

Approve an agreement with Nichols Consulting Engineers, Inc. for design professional services for the Citywide Street Rehabilitation Package 6B project in an amount not to exceed $820,000; establish a contingency reserve of $82,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments, including no-cost time extensions, within the contingency amount.

BACKGROUND:

The City owns and maintains pavement assets consisting of approximately 200 miles of streets, bike paths, and alleyways.

On February 8, 2024, the City issued a Request for Proposals (RFP) for Engineering Design Services for multiple projects including for the Citywide Street Rehabilitation Package 6B (PMP6B) project. This package of projects includes streets requiring more significant paving/reconstruction efforts. The City received a total of six proposals, which were evaluated on the proposed project team, approach, and estimated level of effort. Nichols Consulting Engineers, Inc. (NCE) was identified as the highest-ranked proposal based on experience with similar projects, comprehensive approach, and favorable references. In addition, NCE’s proposed scope, schedule, and budget all align with the City’s needs.

Based on the above, staff recommends entering a design professional services agreement with NCE to perform the design services for the PMP6B project in an amount not to exceed $820,000 and establish a contingency of $82,000 (10% of the contract budget) to cover any unforeseen changes during the design process. The proposed term of the agreement is through December 2026. The design of this Project is anticipated to take 12 months to complete. Staff anticipates advertising the project in June 2025, with construction beginning in August 2025.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Package 2 (467008) project to award this agreement and establish the contingency reserve.

ENVIRONMENTAL DETERMINATION:

CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
Att 2 – Location Map/List (6-B)

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
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AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR
CITYWIDE SURFACE TREATEMENT PACKAGE 6-B
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 Nichols Consulting Engineers, Inc., a corporation, (“CONSULTANT”), whose address is 1003 W. Cutting Blvd, Suite 110, Richmond CA 94804:

RECITALS:

A. CITY desires certain professional engineering design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 57 of 2271
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of agreement and be completed by December 31, 2026. The term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of the CONSULTANT.

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, on a time and expense reimbursement basis, in an amount not to exceed $820,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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. 58 of 2271
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 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. 59 of 2271
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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. 60 of 2271
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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: City of San Mateo
Attn: Stephanie Piñon
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Nichols Consulting Engineers, Inc
Attn: Jenny Van Dyke
1003 W. Cutting Blvd, Suite 110
Richmond, CA 94804
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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 and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Director of Public Works
Date Margot Yapp
Its Authorized Agent
President
Date

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

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

SCOPE OF SERVICES

PROJECT DESCRIPTION
CONSULTANT’s proposed scope of services includes evaluating the condition of the pavement of the street segments, conduct surveys, perform geotechnical investigations, and recommend pavement rehabilitation solutions. CONSULTANT will prepare basis of design report, preliminary and final design plans, specifications and estimates for City to advertise the Citywide Street Rehabilitation 6B Project (Project). The following streets and limits are included in this scope of services:

Street Name From To Length
(ft)
Width
(ft)
03RD AVE W CRYSTAL SPRINGS S/S EATON E/S 884 44
03RD AVE W EATON E/S EL CAMINO REAL W/S 1,270 54

ALAMEDA DE LAS
PULGAS
41ST AVE (S/S OF INT) 39TH AVE (S/S OF INT) 1,008 46

ALAMEDA DE LAS
PULGAS
42ND SAVE 41ST AVE (S/S OF INT) 283 46

ALAMEDA DE LAS
PULGAS
42ND AVE LA CASA 510 46
ALLEY 24 PENINSULA AVE BAYSWATER AVE 550 18
ALLEY 24 BAYSWATER AVE START OF PCC 155 11
ALTA AVE ALAMEDA W/S END 470 24
AMHERST AVE CRYSTAL SPRINGS S/S FAIRFAX N/S 530 27
BALDWIN AVE EL CAMINO REAL E/S SAN MATEO 650 36
EL CERRITO AVE EL CAMINO REAL W/S CITY LIMIT 980 34
FALDA AVE ENSENADA WY W/S END 117 20
GRAMERCY DR EL CERRITO AVE N/S ERICSON/SANTA INEZ S/S 1,489 26 HACIENDA ST 22ND S/S 27TH N/S 1,852 28
HACIENDA ST 27TH N/S 28TH ST N/S 500 28
HIGHLAND AVE POPLAR E N/S PENINSULA S/S 2,690 36
MAPLE ST ARAGON S/S BARNESON N/S 1,620 37
MOUNDS RD GRAMERCY CUL-DE-SAC 388 30
NORFOLK ST S CYPRESS 2ND AVE 737 25
ORINDA DR 40TH AVE S/S 39TH AVE N/S 485 24
ORINDA DR 40TH AVE E S END 85 25
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Street Name From To Length
(ft)
Width
(ft)
PARROTT DR FRANKLIN ST W 3RD AVE W/S 300 46
SARATOGA DR SANTA CLARA S/S HILLSDALE S/S 642 52
SOUTH BLVD PALM AVE 16TH AVE N/S 1,078 53

SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT AND MEETINGS
1A) Project Kick-off Meeting / Progress Meetings
CONSULTANT will arrange a kick-off meeting with the City to initiate work on the project. The objectives will be:
• Review of the Scope of Work
• Establish Lines of Communication
• Establish Project Schedule and Milestones
• Define Design and Operation Criteria
It is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery of a high-quality project within budget and on schedule. In addition to City staff (Engineering, Maintenance, etc.), CONSULTANT will research and coordinate, as needed, with other agencies such as PG&E, AT&T, Caltrans, California Water Service and Westborough Water District, San Mateo Sewer, Stormwater and Wastewater, Schools, etc., to identify any potential conflicts, requirements, or design issues early to help minimize delays (and costs) later in the design process or during construction. At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City needs.

Throughout the project, CONSULTANT will be available to attend bi-weekly progress meetings with the City to maintain frequent communication and efficient decision making with the City. Bi-weekly meeting summaries will be prepared and submitted to the City that include completed activities summary, scheduled activities for next month, any issues identified from field review or data collection, updated project schedule, budget status, and other important project information identified in the kick-off meeting. The purpose of the progress meetings will be to identify and resolve any design or funding issues in a timely manner, present design alternatives and recommendations to City staff, and continue coordination with project stakeholders as necessary. Specific design submittal review meetings with City staff will be scheduled at each submittal milestone.

Task 1A Deliverables: Kick-off/Progress Meeting Agendas and Summaries 1B) Utility Coordination
As noted in the project Key Assumptions, CONSULTANT will share notification letters to applicable utility providers with a preliminary project schedule for street maintenance and rehabilitation, followed by planned treatment or excavation depth and approximate utility location information. This notification will occur at the time of project kick-off to allow utility providers to perform maintenance on their facilities prior to utility cut moratorium on the street paving areas and evaluate need for utility 64 of 2271
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adjustments/lowering.

CONSULTANT will document all utility coordination notifications, conversations, and meetings with utility contacts and information in a matrix format with dates of correspondence. CONSULTANT will also keep the City informed of any project delays related to utilities.

Task 1B Deliverables: Utility notification letters and utility contact matrix.

TASK 2 – PAVEMENT REHABILITATION DESIGN
2A) Pavement and C&G Condition Survey
CONSULTANT will perform a visual pavement condition survey of each street section based on distresses.

The surveys will generally cover the travel and parking lanes and serve the purpose of refining the appropriate pavement treatments and identifying any potential problematic subgrade or drainage issues.

The survey will note the presence of load related and environmental distresses as they pertain to developing appropriate pavement treatments. Potential base repairs will be identified, marked, and recorded using GPS based software. CONSULTANT scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, or short-term maintenance that should be performed (i.e., pothole that should be repaired).

A visual assessment of all C&G will be included to identify areas where drainage or the adjacent pavement has been compromised. Based on criteria established with the City, CONSULTANT will determine what level of curb and gutter replacement will be pursued for design plans and documents.

If damaged C&G areas are more extensive than anticipated, it may require additional time to complete the surveys and CONSULTANT will notify the City. A summary table of repair candidates will be prepared with pertinent information including street, location, length, and picture, for City review and confirmation.

Task 2A Deliverables: Summary table of curb and gutter repair candidates. 2B) Pavement Coring
CONSULTANT will collect pavement section core samples (4-inch to 8-inch diameter cores) on all rehabilitation and potential reconstruction street sections at locations determined by CONSULTANT.

CONSULTANT current fee estimate assumes up to 73 core locations that CONSULTANT estimates will take up to 10 days to complete. For each core sample, CONSULTANT will measure and record the thickness of asphalt and concrete encountered in the pavement structural section, including the presence of any pavement reinforcing fabric.

Bulk samples of subgrade will be obtained in support of potential street reconstruction in accordance with the Key Assumptions. Up to 21 bulk samples (at least one bulk sample on each pavement section for rehabilitation) of subgrade materials will be tested for R-value, moisture content and Atterberg Limits (plasticity index, PI). The AB thickness will be measured/estimated in accordance with the Key Assumptions. CONSULTANT will arrange for traffic control services during pavement coring, which will conform to the latest standards contained within the MUTCD Part VI and the Caltrans Traffic Manual Chapter 5 “Traffic Control for Construction and Maintenance Work Zones,” as well as any local requirements that exist. CONSULTANT will also obtain an encroachment permit for pavement coring if required. CONSULTANT will also develop a map showing proposed coring locations for the City to review and to facilitate the encroachment permit if required.
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Task 2B Deliverables: Map of proposed coring locations. 2C) Pavement Deflection Testing
CONSULTANT will perform non-destructive pavement deflection testing in accordance with California Test Method (CTM) 356 to evaluate the structural capacity of the existing pavement section on the subject arterial and collector streets to be rehabilitated. The FWD is a conceptually simple yet powerful device for measuring the response of pavements under simulated wheel loads and estimating their structural capacities. All travel lanes of each arterial and collector street section will be tested at approximately 100-foot intervals.

Approximately 260 data points will be collected and CONSULTANT estimates that the FWD testing will take 1.5 days to complete. CONSULTANT will also include deflection testing in encroachment permits referenced under Key Assumptions, similar to coring work. Additionally, CONSULTANT will provide traffic control in accordance with the same standards discussed in pavement coring task. 2D) Pavement Design Recommendations
Using the data obtained in Task 2, CONSULTANT will perform pavement analysis and design services, and develop pavement maintenance, rehabilitation, and reconstruction recommendations for each street section. CONSULTANT will perform its analysis in accordance with the Caltrans Highway Design Manual and develop pavement structural section recommendations expressed in the form of a Traffic Index (TI) that will be provided by the City. CONSULTANT will develop recommendations including, but not limited to, the following:
• Surface Seal Applications: Slurry seal, Microsurfacing (Type II and Type III), Rubberized chip seal, combinations thereof
• Rehabilitation: Mill and Overlay, Cold-in-Place Recycling (CIR), Rubberized Hot Mix Asphalt (RHMA)
• Reconstruction (as needed): Hot Mix Asphalt (HMA) over AB, Full-Depth HMA, and FDR • Locations and treatments of failed pavement sections (base repairs) CONSULTANT will then summarize its recommendations in a pavement design memorandum to the City that, at a minimum, will include the following:
• Results of pavement condition surveys, deflection testing, coring, and laboratory testing • Description of testing procedures and analysis performed for the project • Recommended alternatives for rehabilitation and preventive maintenance CONSULTANT will submit an electric copy of its draft technical and basis of pavement design memorandum to the City for initial review. Preliminary design results will be presented to the City including facilitating a workshop that will be attended by the Public Works Director and Deputy Director of Public Work for acceptance prior to proceeding with detailed design work. Upon receipt of any comments from the City, CONSULTANT will then prepare its final technical and basis of pavement design memorandum, which will be signed and stamped by CONSULTANT. The final technical and basis of design pavement memorandum will then be provided to the City reflecting any comments on the draft technical 66 of 2271
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memorandum. CONSULTANT staff, including the project manager, lead civil project engineer, and principal engineers will also be available for up to two (2) additional strategy meetings to discuss pavement treatments, subgrade issues, costs, geometric considerations (e.g. drainage and cross-slopes) pavement performance and longevity, construction impacts, and utility constraints.

Task 2 Deliverables: Draft/final pavement technical and basis of pavement design memorandums, technical review workshop agenda and meeting summary, meeting agendas and summaries for up to two (2) strategy meetings.

TASK 3 – PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
3A) Design Data Gathering
CONSULTANT will review relevant available data and records from the City as listed in Task 1 and stated Key Assumptions, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, as-built street improvement and infrastructure plans, including any preliminary plans for future work that may conflict with this project.

The gathered information will be compiled and included in the base map used for design.

Available record data (e.g., utilities, right-of-way) used to prepare street base maps will account for utility lids or surface features within the roadway which may be affected by paving operations. CONSULTANT will conduct a field survey, using GPS based software to collect existing roadway features including roadway geometry from visual inspection, utility covers, typical cross-slopes at pedestrian crossings, striping and markings, and relevant traffic signage.

Record data for streets to have topographic survey will be shown in their approximate location. Utility depths from the GPR survey (Optional Task) and available as-builts will be included in the base map for streets to be reconstructed. Based on CONSULTANT review CONSULTANT will identify any data gaps or missing information and provide this information to the City for review and discussion. CONSULTANT will discuss with the City whether rehabilitation work must occur in the right-of-way, in order to save the City the cost and fees associated with obtaining encroachment permits, if at all possible.

Task 3A Deliverables: As needed encroachment permits, base maps (included in subsequent tasks) 3B) Topographic Survey
CONSULTANT’s Project Surveyor will complete monument/control recovery, field investigation and field surveys sufficient to prepare a topographic mapping product for select street locations and proposed curb ramp design locations, as stated under Key Assumptions. The mapping shall be compiled at an agreed upon scale with a 1’ contour interval and will be based on the City Datum.

The mapping area for Alameda de las Pulgas shall be a corridor along the street section between the existing back of walk to opposite back of walk, starting and stopping at the designated locations and including through the returns of the terminating streets. In the absence of an existing sidewalk, the survey will extend to 5 feet behind the curb or edge of pavement, or up to the first substantial barrier (wall, fence, etc.). Mapping will extend 25 feet beyond the curb return up each intersecting side street.

The topographic data to be collected is more specifically defined as:
• Cross-sections at 50’ intervals along with detailed surface topography and/or additional spot elevations as required defining the longitudinal and cross-slope grade breaks. 67 of 2271
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• Surveyed locations for significant surface features. A structure inventory for sanitary and storm drain facilities reflecting rim and invert elevations, pipe direction and size will be provided for accessible structures.
• Location of all surface evident street monumentation within the mapping corridor. • Location of underground utility locator markings, where provided. • Provide a finished draft topographic survey for each area of work and AutoCAD Civil3D DTM surface for each street section.

CONSULTANT’s surveyor will calculate the record data location of the existing right-of-way for the mapping corridor and will calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation). It should be noted that property line data will not be based upon a field survey and is considered approximate.

Survey on N. Humboldt Street will extend up to the street centerline and that at 805 Highland Avenue will focus primarily on the curb and gutter.

Task 3B Deliverables: Topographic survey results.
3C) Preliminary Design (30% P&E)
Using data collected in previous tasks, CONSULTANT will develop preliminary design documents (30% level of completion) for each street section. Preliminary design drawings will be based on base maps prepared using information collected in previous tasks and as stated in Key Assumption. Drawings will include existing right-of-way and depict basic street layout and preliminary pavement treatments with pertinent geometric information. Drawings will be scaled at a scale of 1-inch = 20-feet.

The Engineer’s Cost Estimate will be prepared in MS Excel format and based on the most recent construction cost data available to CONSULTANT for projects of this type. The 30% plans will be prepared in AutoCAD format on 22-inches x 34-inches sheets. It is assumed that the City will require a 15-day review/comment period once each 30% P&E package is submitted.

In combination with CONSULTANT’s pavement design and basis of design technical memorandums, during development of the 30% P&E CONSULTANT will discuss and confirm pavement treatment alternatives, subgrade stabilization measures, street geometric constraints and cross-slopes, curb and gutter replacement, non-compliant curb ramps, drainage issues, and summary of utility location data and possible utility conflicts/concerns. CONSULTANT’s staff including the project manager, lead civil project engineer, and principal engineers will also be available for up to two (2) additional strategy meetings during preliminary design for each design package. Strategy discussions will focus on key design elements and constraints, overall schedule and budget, community outreach and key issues, lessons learned from previous projects and how to structure and develop construction documents with respect to reducing construction impacts, bidding strategies including packaging and alternates, sequencing of streets and work, and contingencies.

Task 3C Deliverables: Meeting agendas and summaries for up to two (2) strategy meetings per design package. One reproducible copy of 30% plans, engineer’s estimate, and summary of agreed upon design criteria and decisions for each design package.
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3D) 90% PS&E
Preliminary P&E (30% P&E) will be revised to incorporate comments received from the City as well as agreed upon design criteria and decisions, from which the 90% PS&E will be prepared. CONSULTANT will provide a response to each comment that is included in a comment table provided by the City.

The 90% plans will incorporate typical design elements, existing and proposed contours (where available), pavement treatments, right-of-way parcel lines, wedge or conform grind locations, typical cross-sections, C&G repairs, gutter flow line for drainage repairs, curb ramp replacement and details and limits of work, and site-specific striping and signage plans. Plan sheets will include base repair schedules and show individual repair locations.

CONSULTANT will prepare the project technical Special Provisions in MS Word format and follow the City’s formatting conventions, with reference to Caltrans 2018 Standard Specifications and City standard provisions. CONSULTANT may recommend deviating from Caltrans standards where, from CONSULTANT’s experience, such changes will improve the likelihood of achieving a successful construction project for a local agency without compromising the integrity of the design.

The Engineer’s Cost Estimate will be updated to reflect the refined construction design. It is assumed that the City will require a 15-day review/comment period once each 90% PS&E package is submitted.

Task 3D Deliverables: One reproducible copy of 90% plans, technical specifications, and engineer’s estimate
3E) Final (Bid Set) PS&E
The 90% PS&E will be revised to incorporate comments received from the City to prepare the Final (Bid Set) PS&E. Similar to 90% PS&E, CONSULTANT will provide a response to each comment that is included in a comment table provided by the City. The Final (Bid Set) PS&E will include all notes and details necessary for construction. One electronic copy of the final (Bid Set) PS&E will then be packaged and submitted similar to the 90% PS&E unless directed otherwise. Upon receipt of the City’s final review comments, the project documents will be finalized for bidding purposes. A final quantity calculation will be tabulated and entered into the final Engineer’s Cost Estimate for each project. All final documents will be reviewed, stamped, and signed by CONSULTANT’s registered civil engineer, and the Final PS&E will be delivered to the City in electronic format.

Task 3E Deliverables: One electronic file of the final plans, technical specifications, and engineer’s estimate for each design package. The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2022 or later version, Microsoft Word, and Microsoft Excel, respectively.

TASK 4 – BIDDING SUPPORT SERVICES
CONSULTANT will provide the City with assistance during the advertisement and bidding periods of each project including attending the pre-bid conference, responding to questions about the project design, and preparation of any addenda and/or clarifications to the PS&E that are deemed necessary.

CONSULTANT has included up to 40 hours of staff time for bidding support. Any effort beyond that will be on a time and materials basis at an additional cost.

Task 4 Deliverables: Attend pre-bid meetings; Prepare responses to questions received regarding project design; Prepare bid addenda as necessary; and assist with bid responsiveness (as needed). 69 of 2271
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TASK 5 – OPTIONAL TASKS
5A) Construction Support Services
CONSULTANT will provide up to 132 hours of support services to the City during construction. At a minimum, these services are anticipated to include attendance at the pre-construction conference, reviewing contractor submittals and responding to contractor RFIs, field verification of localized repair (base repairs and C&G) areas, subgrade repairs after proof rolling, curb ramp layouts, providing recommendations for any necessary construction changes due to unforeseen field conditions, and reviewing construction for acceptance. This task does not provide any field inspection services. If effort beyond the estimated hours is necessary, CONSULTANT staff time will be delivered on a time and materials basis at an additional cost.

Task 5A Deliverables: Attend Pre-Construction Conference; Assist with review of contractor submittals and RFIs as necessary; Provide recommendations for any necessary construction changes due to unforeseen conditions; and Assist with review of contract change orders. 5B) Utility Location
Using GPR, CONSULTANT’s utility locator will field locate utility alignments and depths for utility mains and laterals for utilities within all streets identified for reconstruction in accordance with Key Assumptions to the extent that GPR methods can detect utilities. GPR along utility mains will be marked at various locations along each street section, and the accuracy for the electronic depths will depend on the soil conditions and utility material. Traffic control will consist of a 1-man crew with traffic control arrow board and signs. Pressure washing of paint marks is excluded from this scope.

Task 5B Deliverables: Marked utility depth and alignments and electronic collection of utility information. 5C) Utility Potholing
If GPR cannot establish utility alignments and or depths at some locations, potholing may need to be performed to identify necessary utility relocations or adjustments as well as validation of sufficient clearance. CONSULTANT assumed up to 20 potholes will be conducted to verify underground utility depth in accordance with stated assumptions. CONSULTANT will discuss with the City to confirm selected utility locations for optional potholing in this project.

Task 5C Deliverables: Updated utility information to be summarized in the pothole report.

SCOPE KEY ASSUMPTIONS
City’s Responsibilities
CONSULTANT has assumed that the City will be able to provide the following to the extent available:

1. Any information readily available regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), boundary and property limits, tree locations, site features, and existing or planned construction.

2. Readily available aerial or topographic maps.

3. Project requirements including design objectives, budget, constraints, and criteria. 70 of 2271
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4. Existing City technical specifications as the basis for developing/modifying new technical specifications.

5. Front-End specifications, including General Provisions and Special Provisions.

6. City Standard Provisions and Standard Design Criteria or details.

Pavement Testing and Design

1. Deflection testing will be conducted on arterial and collector street sections currently identified for rehabilitation for the PMP-6B project. Up to 1.5 days of deflection testing are assumed.

2. Pavement coring will be performed with spacing criteria and bulk samples as follows:
a. Up to 73 pavement cores will be obtained. Coring frequency is approximately every 500 lane feet for potential reconstruction, 1,000 lane feet for rehabilitation, and 1,500 lane feet for surface seal candidate street which are borderline candidate for rehabilitation, with a minimum of two cores per street section and cores taken in shoulder or parking lanes where a street is crowned.
b. A minimum of two (2) bulk samples of subgrade will be obtained per rehabilitation street section for laboratory testing including R-value, Plasticity Index and Moisture Content.

Bulk samples will not be collected for surface seal street sections. c. Aggregate base (AB) thickness will be measured at all bulk sample locations and will be measured or estimated in thickness at remaining pavement coring locations using dynamic cone penetrometer (DCP).
d. As requested by the City, pavement core holes will be backfilled with base material and non-shrink cement grout.

3. Base repairs will be measured in length and width to estimate base repair bid quantities for all street sections. It is the intent that base repair quantities will be for bidding quantity purposes only and that actual locations will be marked by CONSULTANT with the City’s inspectors prior to construction.

4. A no-fee encroachment permit will be obtained with the City for all pavement testing, if required.

Topographic Surveying and Base Maps

1. As requested by the City, a topographic and boundary survey (where applicable) will be completed for the following street locations:
a. Alameda de las Pulgas, from 39th Avenue to La Casa Avenue (1,900 LF). b. 805 Highland Avenue, for 100 linear feet at location of tree root uplift (100 LF). c. East side of N. Humboldt Street, from Bayswater Avenue to Howard Avenue (630 LF).

2. Except for those noted above, all streets will utilize County parcel/aerial base maps, as streets are assumed to not include significant drainage improvements, complex changes in street geometry or intersection improvements, or full pavement section reconstruction. Street designs 71 of 2271
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will be drawn to 20-scale. Should CONSULTANT determine that topographic information is required, CONSULTANT can provide topographic survey work for additional scope and fee.

3. As requested by the City, a topographic survey will be completed at all proposed curb ramp design locations. The survey will extend 25 feet on either side of the ramp location.

Approximately 113 curb ramp locations are assumed to be surveyed and designed. Boundary survey is not included at these survey locations. The mapping will be based upon assumed horizontal and vertical datums, and durable survey control points will be established for later use during the construction phase.

4. Assume all street improvement work will be within City right-of-way, as this has impacts to the level of effort required to completion of design.

Utility Coordination and Location

1. CONSULTANT will prepare and distribute utility notification letters to collect facility maps and asbuilts, confirm utility planned work, and notify utilities of the City’s utility cut moratorium on improved streets. CONSULTANT will prepare and distribute a second round of letters including utility location information based on GPR (Optional Task) that is provided for street sections proposed for reconstruction to solicit feedback and need for utility relocation or adjustments.

2. Utility field location will be completed using GPR (Optional Task) to field locate and mark utility alignments and approximate depths of mains and laterals within street sections which are candidates for reconstruction (e.g., FDR) to the extent that GPR can detect utilities. Utility location markings will be included in topographic surveys. GPR data is for planning purposes and will be provided as a courtesy to utilities to help expedite their assessments. Utilities will be responsible to review their facilities, perform additional utility potholes, if necessary, to identify any conflict which require adjustment of their facilities.

3. Underground utility locating will not be performed for surface seal or rehabilitation streets.

However, utility covers will be inventoried and shown and/or quantified on plans to develop bid quantities for adjusting and/or protection of utility covers.

4. If pavement reconstruction is required instead of rehabilitation, CONSULTANT will discuss with the City utility location options (e.g., GPR) and can provide for additional scope and fee for those additional sections.

5. If required, CONSULTANT has included up to 20 utility potholing locations as an optional task that are assumed to be patched with cold patch in the event there are key locations where critical utility facilities require greater accuracy or verification. Otherwise, utility locations will be identified from GPR survey results for reconstruction streets.

Traffic Striping

1. Traffic striping is assumed to match existing patterns and include adjustments to meet current CA Manual of Uniform Traffic Control Devices (MUTCD) standards. 72 of 2271
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2. Up to an additional 5 signage and striping sheets are assumed to be prepared to implement bicycle and/or pedestrian improvements which are noted in the City’s Bicycle Master Plan and Transit Oriented Development Pedestrian Access Plan.

3. No significant traffic striping changes or design requiring traffic studies or assessment of traffic impacts is planned or included as a part of this scope.

4. Striping plans will only be developed for all street sections. Striping types and quantities will be inventoried for the purposes of developing bid quantities.

Traffic Control Plans

1. Traffic control plans are not included in the scope of work. It is assumed the City’s contractor will prepare traffic control plans in accordance with project technical specifications and requirements and submit to the City for review.

Curb Ramps, Crosswalks, and Sidewalk

1. It is assumed that non-compliant curb ramps will be replaced or retrofitted (excluding slurry seal streets) in accordance with Caltrans standards. Curb ramps will be replaced or retrofitted based on guidance from the DOJ/DOT Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing dated July 8, 2013. Further clarification on curb ramp replacement included in this scope of work is as follows:
a. Utility relocations (e.g., utility poles, utility boxes, and drainage inlets) required to construct curb ramps are not included in this scope of work. b. All ramp construction shall be within City R/W. Where available County parcel information is to be used, City R/W is assumed to be at existing back of walk. c. For curb ramps within hills or steepened grades, curb ramp design shall only extend up to 15 feet in the uphill direction, beyond which is considering chasing the grade.

2. Crosswalks and implied walkways between curb ramps will be designed in accordance with the latest Public Right-of-Way Accessibility Guidelines (PROWAG) and Caltrans Design Information Bulletin (DIB) 82-06 accessibility guidance for both running slope and cross-slope. This guidance will be reviewed with the City to confirm design approach.

3. Site-specific curb ramp details will be provided and use collected topographic survey information.

4. Sidewalk repair survey and replacement is not included in this scope of work but can be added if required for additional scope and fee.

Stormwater Drainage and Compliance

1. The project will, to the extent possible, and within the context of proposed rehabilitation and preventive maintenance, address visible drainage issues. No major drainage improvements are assumed for this project requiring significant stormwater drain and pipe alteration and/or reconstruction.
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2. As needed, the project will manage drainage patterns based on geometric changes to street grades and widths for proposed improvements requiring new flow lines and replacement of storm drains as needed.

3. This project will be designed in accordance with the recent third reissuance of the San Francisco Bay Municipal Regional Stormwater Permit (MRP 3.0) and the new regulated project thresholds in Provision C.3 of the SMWPPP. Although not currently anticipated, streets which will be reconstructed and the contiguous 1-acre threshold is exceeded, additional scope and fee for the design of green infrastructure may be provided.

Encroachment Permit

1. If the limits of pavement improvements are found to extend into a neighboring City, CONSULTANT will complete and obtain the required City encroachment permit for construction, if needed, with permitting fees paid by the City.

2. Based on the City’s project street lists, multiple project street sections are adjacent to El Camino Real (Caltrans R/W). The City has indicated that it will prepare Caltrans encroachment permit applications, as needed.

3. CONSULTANT will apply for no-fee City encroachment permits for all field work, including pavement coring and falling weight deflectometer (FWD), if required. 74 of 2271
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EXHIBIT B - PAYMENT RATES
75 of 2271
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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).

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. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 77 of 2271
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

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.

DELAWARE
5TH

NORFOLK
31ST
US HWY 101 SB
US HWY 101 NB

HILLSDALE
PALM
STATE HWY 92 EB
STATE HWY 92 WB
4TH
28TH
9TH
GRAN
T
IDAHO
36TH
26TH
30TH

HUMBOLDT
41ST
20TH
37TH
42ND
19TH
2ND
KEHOE
40TH
39TH
MAPLE
24TH
22ND

EL CAMINO REAL
23RD
27TH

ALAMEDA DE LAS PULGAS
EDISON
TILTON

CLAREMONT
AVILA
CL ARK

BELLEVUE
16TH

BAYSHORE

HACIENDA

PENINSULA

SAN MATEO

DE ANZA

FREMONT
DIX

SARATOGA
29TH
1ST
ELM
FLORES
LODI
MARTIN

PARROTT
25TH

BRANSON
BIRCH

J HART CLINTON
YEW
PICO

SEVILLE

POLHEMUS
OAK
NORTON
DALE

ROBERTA

ELLSWORTH

VIR G IN IA
NEVADA

HARVARD

W ARREN

EDINBURGH
CONCAR

CURTISS
QUEBEC
VILLA
MASON
BAZE
OTAY
CSM
FIESTA
10TH

CRYSTAL SPRINGS

HIGHLAND
POPLAR
INDIAN

PATRICIA

FA SHION ISLAND
RAND

LA SELVA

FRANKLIN
15TH

RAILROAD
SONORA
TILIA

PARK W OOD

MONTEREY
EDG
EWO
O
D
LAUREL
YORK

POINSETTIA
17TH

LA CASA
ORINDA

MARINERS ISLAND

BARROILHET

BARNESON
LOUISE

GLENDORA
ALLEY
38TH
43RD
THIRD
KINGS
HAMLET

OCCIDENTAL

FERNW OOD
G U
M
K
I

NGRIDGE
CAMPU
S
PRAGUE

PACIF IC
DAY
LAGO

HOLLAND

AMPHLETT
WAYNE

ENSENADA
LOS P
RA
D
O
S

BROMF IELD
WOLFE
7TH
NORTH
SHASTA

LAURELWO OD
PARK

WILSHIRE
STATE

CARLISLE

COLEGROVE

AR MADA
BAKER

B O VET
S HOAL

HUR LINGHA M
LIVE
OAK

MISSION
EDNA

F ATH OM
ANNA
VERDUN

CH E RRYWOOD
POLK
PL AYA
DEWEY
LAKE
PECK
GR
A
M
E RCY

LAURIE MEADOWS

BAYWOOD

DE TR OIT

ROSILIE
GARVEY

CRESTWOOD

BRIDGEPOINTE
CHESS
ARK

ERI C SO
N
REEF

WOODLAND

TICONDEROG A

BAYR IDGE
HILL
C
R
E
ST

SE AGATE
LINDA

ALMADEN
EATON
LEONA
VISTA
ENGLE

OVERLOOK

VAILWOOD

TREETOP

SALISBURY
HOWARD
2ND
ALLEY
40TH
10TH
EDISON
28TH
PARK
ALLEY

CLAREMONT
31ST

PARROTT

EL CAMINO REAL
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Street Name From To
3rd Avenue Crystal Springs Eaton
3rd Avenue Eaton El Camino Real
Alameda de Las Pulgas 41st 39th
Alameda de Las Pulgas 42nd 41st
Alameda de Las Pulgas 42nd La Casa
Alley 24 Peninsula Bayswater
Alley 24 Bayswater Start of Concrete
Alta Avenue Alameda de Las Pulgas End
Amherst Avenue Crystal Springs Fairfax
Baldwin Avenue El Camino Real San Mateo
El Cerrito Avenue El Camino Real City Limit
Falda Avenue Ensenada End
Gramercy Drive El Cerrito Ericson/Santa Inez
Hacienda Street 22nd 27th
Hacienda Street 27th 28th
Highland Avenue Poplar Peninsula
Maple Street Aragon Barneson
Mounds Road Gramercy End
Morfolk Street Cypress 2nd
Orinda Drive 40th 39th
Orinda Drive 40th End
Parrott Drive Franklin 3rd
Saratoga Drive Santa Clara Hillsdale
South Boulevard Palm 16th
List of Street Segments (6-B)
Page A3-1
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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: 10 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8670 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:

Train Horn Noise Quiet Zone Projects – Service Agreement RECOMMENDATION:

Approve a Service Agreement with the Peninsula Corridor Joint Powers Board for the Train Horn Noise Quiet Zone projects at Villa Terrace and East Bellevue Avenue in the amount of $59,440; establish a contingency reserve in the amount of $9,000; and authorize the Director of Public Works to execute the Agreement in substantially the form presented and approve amendments within the contingency amount.

BACKGROUND:

On June 20, 2023, at the Special City Council Meeting, staff presented an update to the Citywide Train Horn Noise Quiet Zone (Quiet Zone) effort, which would minimize train horn noise near rail crossings. To establish a Quiet Zone under Federal Railway Administration requirements, staff proposed the following projects, which were recommended by a 2022 Traffic Study as the most cost-effective option with minimal impacts on residents and businesses (Improvements):
• Villa Terrace: The permanent closure of the Villa Terrace at-grade railroad crossing. Pedestrians, bicyclists, and motorists will no longer be able to cross the railroad tracks at this location. • East Bellevue Avenue: Installation 100-foot traffic safety medians near the railroad crossing on both sides of the tracks.

On February 19, 2019, Council authorized Public Works to enter into agreements with three firms, including Bellecci & Associates, Inc. (Bellecci) for on-call professional consulting services for various capital improvement projects. In January 2024, after soliciting proposals from all three on-call consultants, the City selected Bellecci for design and project management support of the Improvements. Bellecci has now completed preliminary design and is progressing to detailed design while considering feedback from public outreach and stakeholders wherever feasible.

To educate the community about the Improvements, in early 2024 staff performed comprehensive community outreach, including bilingual outreach materials (e.g. approximately 3,000 mailed notices, E-news updates, and physical posters at the proposed project sites), coordination with neighbourhood schools and property management companies, City social media updates, door-knocking at over 300 homes, and an online community survey. Staff will continue outreach to ensure the Improvements best align with the community’s needs.

Coordination with Peninsula Corridor Joint Powers Board (PCJPB) The Improvements occur adjacent to and within PCJPB Right-of-Way. The proposed Service Agreement (Attachment 2) is required for PCJPB review of the design of the Improvements in accordance with PCJPB design and safety standards, and overall coordination of the Improvements. PCJPB estimated an Agreement amount of $59,440. Staff recommends a contingency amount of $9,000 (15% of the agreement’s budget) to cover unforeseen costs, as needed. Any unused funds 81 of 2271

CITY OF SAN MATEO
will be returned to the City, and PCJPB will not charge more than the Agreement amount unless an Amendment to the proposed Service Agreement is approved. In addition, as the design is nearing completion, PCJPB and the City plan to amend this Agreement in the future to include PCJPB’s fees during construction. If such fees exceed the contingency amount, staff will bring this item back to City Council with a recommendation to approve a subsequent Amendment.

Next Steps
The design of these Improvements is anticipated to be complete in late Fall 2024. Staff anticipates advertising the project for construction by the end of 2024. After construction is complete, staff will apply for Quiet Zone status by end of 2025.

Staff will present an update for the Quiet Zone effort at a City Council Study Session on June 17, 2024, and bring a future construction contract award recommendation to City Council following the completion of design.

BUDGET IMPACT:

Sufficient funds are available in the Train Horn Noise Project (462205) to fund this agreement.

ENVIRONMENTAL DETERMINATION:

Approval of a Service Agreement between the City and the PCJPB is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the review of the Improvements design intended to minimize train horn noise 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 - PCJPB Service Agreement

STAFF CONTACT
Karen Magallanes, Assistant Engineer
[email protected]
(650) 522-7576
Tina Pham, Senior Engineer
[email protected]
(650) 522-7305
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PENINSULA CORRIDOR JOINT POWERS BOARD

SERVICE AGREEMENT

FOR PCJPB USE ONLY
PUC No. SPECIAL DESIGNATION
(Location, Bridge No., Etc.) Sheet 1 of 1
County Main Mile Post
Estimated Amount Preliminary Job No. Lease Audit No. PCJPB PROJECT No.

TO BE PLACED ON ALL CORRESPONDENCE
Est. Start Date Est. Completion Date Treasury Dept. receipt of funds confirmation Date: Ck #: By:

Project Title:

Project Purpose:

Company or Funding Agency (Applicant): Contact Person Regarding Billings:

Name:

Address:

City/State/Zip:

Accounts Payable Address: Phone:

Fax:

E-mail Address:

THE APPLICANT AGREES TO REIMBURSE THE PENINSULA CORRIDOR JOINT POWERS BOARD (PCJPB) FOR ALL ACTUAL COSTS IN

PROVIDING THE SERVICES AND MATERIALS TO THIS PROJECT (INCLUDING APPLICABLE GENERAL AND ADMINISTRATIVE OVERHEAD COSTS). AN ESTIMATE OF THOSE COSTS IS PROVIDED BELOW. APPLICANT ACKNOWLEDGES THAT ALL PCJPB EXPENSES DESCRIBED IN THE CATEGORIES LISTED BELOW WHICH ARE RELATED TO THE PROJECT ARE REIMBURSABLE. PAYMENT FOR PROJECTS WITH ESTIMATED COST OF LESS THAN $100,000 OR THAT ARE PROJECTED TO BE COMPLETED IN 90 DAYS OR LESS ARE DUE TO PCJPB BEFORE PROJECT WORK BEGINS. THE PCJPB WILL NOT AUTHORIZE WORK ON THIS PROJECT UNTIL THIS AGREEMENT IS EXECUTED AND PREPAYMENT HAS BEEN RECEIVED. PAYMENT OPTIONS (I.E. ESCROW ACCOUNT, SCHEDULED PRE-PAYMENTS, LETTER OF CREDIT ETC.) FOR PROJECTS LASTING MORE THAN 90 DAYS AND COSTING MORE THAN $100,000 MUST BE PRE-ARRANGED WITH, AND APPROVED BY, PCJPB’S CHIEF FINANCIAL OFFICER (OR THEIR DESIGNEE). BILLINGS UNDER THIS AGREEMENT ARE DUE 30 DAYS FOLLOWING DATE OF INVOICE. ANY AMOUNT DUE TO PCJPB THAT IS NOT PAID, OR CONTESTED IN WRITING, BY THE DUE DATE SHALL BEAR INTEREST AT THE RATE OF 1.5% PER MONTH, COMPOUNDED MONTHLY, FROM THE DUE DATE.

Estimate Includes, but is not limited to:

1. PCJPB Flagging Costs and/or Signal Locator as necessary: Approximately $2,000.00 per flagger per day.

2. PCJPB engineering review, document preparation, processing fees, OSI Oversight etc.: Approximately $180 per hour, as required.

3. PCJPB administrative and legal review costs: As required.

The estimated reimbursable cost of the work to be performed for this project through the PCJPB is: $59,440.00 The estimated length of project is: 291 day(s)
Railroad Protective Liability Insurance (RRPLI) will also be required and is not included in this cost estimate. RRPLI may be paid for through the PCJPB, to protect the PCJPB and its member agencies. (For estimated cost please phone Engineering Department Construction Manager listed below)

PENINSULA CORRIDOR JOINT POWERS BOARD APPLICANT
1) 1)
(Acting COO) (Date) (Authorized Representative) (Date)
2) N/A
(Approved as to Form - Counsel) (Date) (Title or Position) 3) 2)
*(Chief Financial Officer) (Date) *(Authorized Budget Officer) signature indicates (Date) availability of budgeted funds in the amount specified above RETURN ORIGINAL TO:

Peninsula Corridor Joint Powers Board (Title or Position) Engineering Department attn.: Lou Tolentino
1250 San Carlos Ave., San Carlos, CA 94070-1306
(650) 508-7796 FAX (650) 508-7967 *Not required if prepayment received Rev. 12/13/2021 83 of 2271

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8676 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:

Bermuda Drive Utility Relocation Project – Agreement
RECOMMENDATION:

Adopt a Resolution to approve an agreement with Pacific Gas & Electric for the Bermuda Drive Utility Relocation Project in the amount of $186,685.48; and authorize the Director of Public Works to execute the Agreement in substantially the form presented.

BACKGROUND:

On May 21, 2018, City Council approved the award of a professional services agreement with Biggs Cardosa Associates (BCA) for design and environmental documentation services for the Bermuda Drive Bridge Replacement Project. During design, BCA identified a utility conflict that will impede construction of the bridge replacement. On the north side of the bridge, existing overhead Pacific Gas & Electric (PG&E) electrical lines prohibit pile installation equipment to be raised and install the required bridge piles. These overhead lines need to be placed underground and out of the way of the pile equipment prior to the bridge construction work. The Bermuda Drive Utility Relocation Project (Project) is a subproject of the larger Bermuda Drive Bridge Replacement Project and will underground these electrical lines.

The Project is a joint effort by the City and PG&E. On December 4, 2023, City Council approved award of a construction agreement with St. Francis Electric to perform the City’s portion of the work that includes trenching and installing conduits and access vaults. As the serving utility, PG&E’s role includes engineering, inspection, and a portion of the construction (poles, risers, cables, and connections) needed to complete the undergrounding of electrical lines. As PG&E is the sole provider for electrical services, the City must contract with PG&E for successful completion of this work. A resolution is an appropriate way to document the contract with PG&E in lieu of competitive bidding for the project, as authorized by Municipal Code section 3.60.050(b).

The total cost of the PG&E work is $186,685.48, with the City having paid a $10,000 deposit during the design phase in September 2019. The balance due to PG&E is $176,685.48.

Staff therefore recommends approving the Agreement with PG&E to allow City staff to compensate PG&E for the remaining agreement amount of $176,685.48 to advance the Bermuda Drive Utility Relocation Project.

BUDGET IMPACT:

Sufficient funds are available for this PG&E work from the Bermuda Drive Bridge Replacement Project, Project No. 462250.

ENVIRONMENTAL DETERMINATION:

CITY OF SAN MATEO
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 – PG&E Agreement

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
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CITY OF SAN MATEO
RESOLUTION NO. (2024)

A RESOLUTION APPROVING AN AGREEMENT WITH PACIFIC GAS & ELECTRIC (PG&E) FOR THE BERMUDA

DRIVE UTILITY RELOCATION PROJECT
WHEREAS, the Bermuda Drive Bridge Replacement Project (“Project”) is currently in the design phase and intended to address identified structural deficiencies of the bridge; and WHEREAS, existing overhead PG&E electrical lines impede construction of the Project because they prohibit pile installation equipment to be raised to install bridge piles; and WHEREAS, the Bermuda Drive Utility Relocation Project (“Subproject”) was formed wherein the City and PG&E will work collaboratively to underground the electrical lines prior to Project construction in a joint effort to allow for the pile installation; and WHEREAS, as part of the Subproject, PG&E is required to provide engineering, inspection, and specific construction services necessary to complete the utility undergrounding; and WHEREAS, the City is required to enter into an agreement with PG&E and compensate PG&E in an amount of $186,685.48 for PG&E’s portion of the work; and WHEREAS, on September 25, 2019, the City paid a deposit of $10,000 for PG&E’s portion of the work and a balance of $176,685.48 remains to be paid; and WHEREAS, pursuant to San Mateo Municipal Code Section 3.60.050(b), agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing, or impossible; and
WHEREAS, City staff recommends approval of an agreement with PG&E in order to underground electrical lines prior to construction of the Project.

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

1. The execution of an Agreement with PG&E to underground electrical lines 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. In accordance with Municipal Code section 3.60.050(b), calling for bids would be impracticable, unavailing, or impossible because: a) PG&E is the owner of the electrical lines requiring undergrounding; b) PG&E is the serving utility and its services for the Subproject includes engineering, inspection, and a portion of the required 86 of 2271
construction; and c) no other organization is permitted to conduct the work required for the Subproject.

3. The related agreement with PG&E to compensate the remaining $176,685.48 for their portion of the work for the Bermuda Drive Utility Relocation Project is approved.

4. The Public Works Director is authorized to sign and execute the agreement in substantially the form attached.
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114691812
April 17, 2024
Customer Payment
Coupon
References
Notification # 114691812
Contract # 50101217 V1
E20C-PM # 35523045
Customer # 2122604
City of San Mateo
330 W 20th Avenue
SAN MATEO, CA 94403
Customer Cost Summary

BERMUDA DR BY FIESTA DR & ANNAPOLIS DR, SAN MATEO
Amounts Due Total Due
Rule 20C Non-Refundable Payment $186,685.48
Minus the following credit
Advance Credit ($10,000.00)
$176,685.48
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments
To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340

IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.

If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.

To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.

Have Questions?
Please Call 1-800-422-0436
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Page 1 of 2 ends

* Automated document, Preliminary Statement, Part A
114691812
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91
Pacific Gas and Electric Company
Agreement to Perform
Tariff Schedule Related Work
DISTRIBUTION:

Applicant (Original)
Division (Original)
ACCTG. SVCS.

REFERENCES:

Notification # 114691812
R20-PM # 35523045
Contract # 50101217 V1
April 17, 2024
City of San Mateo, A GOVERNMENT AGENCY (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragragh 3 herein. PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions:

1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it.

2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees.

3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc):

LOCATION: BERMUDA DR BY FIESTA DR & ANNAPOLIS DR, SAN MATEO DESCRIPTION OF WORK: Rule 20C - Underground existing overhead electric facilities Engineering & Administrative Costs $54,538.90
Including Applicant Design Value of $0.00
Cost of Additional Applicant Design Plan Checks (+) $0.00 Value of 20C Underground System (+) $10,242.18
Tie-In of 20C by PG&E (+) $88,043.05
PG&E Land Rights Costs (+) $813.84
Inspection Fees (+) $1,661.11
Value of 20C Trench & Excavation (+) $21,701.93
Value of 20C Conduits & Substructures (+) $21,776.06
Rule 20C Trench Permits Obtained by PG&E (+) $1,102.00
less Salvage & Depreciation for Overhead Facilities (-) $0.00 SUB TOTAL (=) $185,615.69
Including Net Joint Pole Credit Value of ($14,263.37)
plus ITCC @ 24% (+) $44,547.76
plus Cost to Remove Overhead Line by PG&E $0.00
Value of 20C Trench, Excavation & Conduit for Others (no ITCC) (+) $0.00 SUB TOTAL (=) $230,163.46
less 20C Underground System Installed by Applicant (-) $0.00 less 20C Trench & Excavation Provided by Applicant (-) $21,701.93 less 20C Conduits & Substructures Installed by Applicant (-) $21,776.06 less Value of Applicant Design Work (-) $0.00
Electric Rule 20C Cash Payment (=) $186,685.47
#Form 62-4527#
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Page 2 of 2 ends

* Automated document, Preliminary Statement, Part A
114691812
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91

4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of One hundred eighty-six thousand six hundred eighty-five dollars and forty-eight cents $186,685.47 Upon completion of requested work, ownership shall vest in: PG&E Applicant Executed this #signDayWPA# day of #signMonWPA# #signYrWPA# City of San Mateo, A

GOVERNMENT AGENCY
Applicant

PACIFIC GAS & ELECTRIC COMPANY
By: #sigWPA# By: Jay Min
Matt Fabry
Print/Type/Name
Title: Director Title: Service Planning Supervisor
#titleWPA#
Mailing Address: 330 W 20th Avenue
SAN MATEO, CA 94403
90 of 2271

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: 18-6110 File ID: 24-8681 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: May 20, 2024
SUBJECT:

Summer Children’s and Youth Theater Program – Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Bay Area Educational Theater Company to provide children’s and youth theater programs during the summer camp programing from June 16, 2024 through August 31, 2025 in an amount not to exceed $254,000; and authorize the Director of Parks and Recreation to execute the agreement and approve change orders up to $25,000 in substantially the form presented.

BACKGROUND:

Bay Area Educational Theater Company (ETC) is a local non-profit organization that provides youth educational and production theater experiences. Established in 1996, they have provided summer theater programs for San Mateo Parks and Recreation Department for 20+ years. They provide quality experiences and productions and have developed a loyal following of families.

San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to award contracts that are in the City’s best interest using alternative purchasing procedures. This is a negotiated contract based upon the ETC’s instructional abilities, expertise in the subject field, and marketability to potential patrons, thus qualifying this contract to be awarded using alternative purchasing procedures.

Payment terms include two items. First is the core part of the contract, which calls for 70% of the course fee proceeds to be paid to ETC, excluding a $10.00 per patron administrative fee. This is in the range of typical recreation instructional services in San Mateo and surrounding agencies. Second, an additional materials fee is charged to registrants, and 100% of this is paid to ETC to cover their direct costs for materials.

BUDGET IMPACT:

It is anticipated that gross revenues will be approximately $175,000 per year including material fees. Payments to ETC will be approximately $127,000, resulting in net revenue to the City of approximately $48,000.

ENVIRONMENTAL DETERMINATION:

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

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

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Tracy Brumett, Interim Community Services Section Manager [email protected]
(650) 522-7443
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CITY OF SAN MATEO
RESOLUTION NO. (2024)

APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH BAY AREA

EDUCATIONAL THEATER COMPANY (ETC) FOR YOUTH SUMMER THEATER CAMPS WHEREAS, the City of San Mateo Parks and Recreation Department has a desire to continue providing quality youth summer theater camps; and
WHEREAS, the Bay Area Educational Theater Company has been providing successful youth theater camps for the City of San Mateo Parks and Recreation Department for over 20 years; and WHEREAS, Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures if in the best interest of the City; and WHEREAS, City staff recommends approval of the agreement with Bay Area Educational Theater Company in the amount up to $254,000 for services to be rendered between June 16, 2024 through August 31, 2025 and authorizes the Director of Parks and Recreation to execute the agreement in substantially the form presented and approve change orders up to $25,000.

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

1. This agreement is not a project as defined by the California Environmental Quality Act in that it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

2. Pursuant to Municipal Code Section 3.60.070(h)(3), City Council approves an alternative purchasing procedure as it is in the best interest of the City to continue offering a well-established, successful youth summer theater programs.

3. The agreement with Bay Area Education Theater Company for the Summer Children’s and Youth theater, in the amount of $254,000 was negotiated on terms that meet both the City’s and ETC’s interests and it is approved.

4. The Parks and Recreation Director is authorized to execute the agreement in substantially the form submitted and approve change orders up to $25,000, on behalf of the City. 93 of 2271

AGREEMENT WITH BAY AREA EDUCATIONAL THEATER COMPANY

FOR RECREATION INSTRUCTOR SERVICES
This Agreement is made and entered into this day _______________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and Bay Area Educational Theater Company, a 501(c)(3) ("CONTRACTOR").

R E C I T A L S
A.

CITY desires certain instructor services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

Section 1. Scope of Services. CONTRACTOR shall perform the scope of services as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

Section 2. Duties of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. CONTRACTOR shall be responsible for employing or engaging any persons necessary to perform the services of CONTRACTOR. CONTRACTOR agrees to the following provisions:
a. CONTRACTOR shall cooperate with other City parks and recreation programs and at all times to exercise reasonable and diligent care to protect CITY property. b. CONTRACTOR shall hold its planned class or classes if at least the required minimum number of students have enrolled in the course as set forth in Exhibit A. c. CONTRACTOR shall attend required training programs provided by the CITY’s Parks and Recreation Department and to assist with publicity by giving demonstrations or participating in Department shows, fairs and special events.
d. CONTRACTOR shall not allow any person to participate in the program who is not registered either through the Department, or a partner city in a jointly offered program. e. CONTRACTOR shall be responsible for insuring that all participants in City-sponsored programs are registered, and registration shall be done on a Department standard registration form with the participant's or parent/guardian signature.
f. CONTRACTOR may only use City provided participant information for purposes directly related to the participant’s enrollment or participation in the specific activity in which they are enrolled.

CONTRACTOR shall not use this participant information to contact participant for any other purpose and may not provide this information to any third-party organization or individual unless specifically approved by the CONTRACTOR’S city representative. CONTRACTOR may provide participant, or parent of participant, if participant is a minor; the opportunity within the classroom setting to voluntarily provide their contact information to CONTRACTOR for other purposes.
g. CONTRACTOR shall obtain a business license from the City in accordance with San Mateo Municipal Code Chapter 5.06
Section 3. Duties of City. CITY shall assist in providing or arranging for the location, registration, Recreation Contract for Services
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direction and supervision of the instructive services to be provided. CITY will provide Contractor complete class lists prior to the start of each teaching session.

Section 4. Term. The services to be performed under this Agreement shall commence on June 16, 2024, and be completed on August 31, 2025.

Section 5. Payment. City shall compensate CONTRACTOR as set forth in Exhibit A to the Agreement, attached and incorporated by reference.

Section 6. Termination. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement for any reason or without cause upon written notice.

Payment will be given for services rendered prior to termination. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

Section 7. Interest of Contractor. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

Section 8. Contractor’s Status. CONTRACTOR shall at all times be considered an independent contractor under this Agreement as defined in Labor Code Section 3353. CITY will exercise no control over the means by which CONTRACTOR performs the services set forth in Exhibit A. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

Section 9. Indemnity. CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’s duty to indemnify shall survive expiration or early termination of this Agreement.

Section 10. Insurance. CONTRACTOR shall provide and maintain a Certificate of Insurance and an Endorsement that satisfies the insurance requirements set forth in Exhibit B.

Section 11. Nonassignability. Both parties hereto recognize that this Agreement is for the services of CONTRACTOR and cannot be transferred or assigned by CONTRACTOR without the prior written consent of CITY.

Section 12. 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 13. Adherence to Laws, Statutes, Ordinances and Regulations. CONTRACTOR agrees to adhere to any and all laws, statutes, ordinances and regulations in the performance of this Agreement, including but not limited to adherence with the Americans with Disabilities Act and any anti-discrimination or harassment laws and regulations. CONTRACTOR agrees to abide and adhere to the City of San Mateo Municipal Code.

Section 14. Fingerprinting. CONTRACTOR, including contractors who do not work with minors, shall Recreation Contract for Services
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comply with the fingerprinting requirements set forth in Education Code Section 10911.5. If CONTRACTOR is an organization and not an individual, CONTRACTOR shall:
a. Confirm, before instruction begins and throughout the term of this contract, that none of its employees or subcontractors have been convicted of any of the offenses specified in Public Resources Code 5164; b. Maintain a “Contract for Subsequent Arrest Notification” with the Department of Justice so that CONTRACTOR will be notified by the DOJ of any employees or subcontractors who become disqualified subsequent to their initial clearance; and
_____
Initial
c. Immediately discontinue use of and notify the CONTRACTOR’S city representative if any of CONTRACTOR’s staff that have already worked or are working with minors in programs as part of this Agreement are determined to be in violation of Education Code 10911.5 or have been convicted of any of the offenses specified in Public Resources Code 5164.

Section 15. Mandated Reporter. If CONTRACTOR will work with minors, CONTRACTOR shall comply with the mandated reporting requirements of Penal Code Sections 11164 et seq. If CONTRACTOR works with seniors or dependent adults, CONTRACTOR must comply with Welfare and Institutions Code Sections 15630. _____
Initial
Section 16. National Abuse Registry Checks. No person who is listed on the National Abuse Registry (https://www.nsopw.gov/) may work with minors in any capacity for the City. By entering into this Agreement, CONTRACTOR represents and warrants that they are not listed on the National Abuse Registry Check. If Contractor is an organization and not an individual, CONTRACTOR represents and warrants that none of its employees, subcontractors, agents, or volunteers are listed on the National Abuse Registry. _____
Initial
Section 17. Tuberculosis Testing. If CONTRACTOR will work with minors, CONTRACTOR shall comply with comply with Public Resources Code Section 5163 and shall submit a TB certificate providing proof of a negative test within the previous two years to the Department. Thereafter, CONTRACTOR agrees to file a new TB certificate at least within four years of the prior certification.

Section 18. Satisfaction Guarantee. CONTRACTOR agrees that no payment shall be received if a participant withdraws from a class under the Satisfaction Guarantee policy. In accordance with the Satisfaction Guarantee policy, any participant who is dissatisfied may request a 100% refund and neither the CITY nor the CONTRACTOR will receive revenue/payment.

Section 19. Intellectual Property. CONTRACTOR represents and warrants to CITY that neither CONTRACTOR, in performing services under this Agreement, nor any of the materials to be used by CONTRACTOR in the performance of services will infringe upon or violate the copyright, trademark or proprietary rights of any person whomsoever. CONTRACTOR further represents and warrants to CITY that CONTRACTOR will not use any trade secret or confidential proprietary information owned by any third party in performing services under this Agreement. CONTRACTOR agrees to indemnify, defend and hold CITY harmless from any suit, demand, or claim made again CITY based on violation of copyright, trademark or proprietary infringement, and CONTRACTOR further agrees to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any reasonable attorney’s fees incurred by CITY in defending against such suit, demand, or claim. The obligations set forth in this special provision shall survive termination or expiration of this Agreement.

If CONTRACTOR provides services on City property, the CITY agrees to provide a site license from one or more of the music license companies to allow CONTRACTOR to use copyrighted music within the context of providing the services outlined in Exhibit A.

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Section 20. Mediation. CITY and CONTRACTOR agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.

Section 21. Notices. All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Joanne Magrini
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONTRACTOR: Bay Area Educational Theater Company
Attn: Scott Urman
1030 Terminal Way
San Carlos, CA 94070
Section 22. Agreement Contains All Understandings; Amendment. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

Section 23. 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.

IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement the day and year first above written.

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[SIGNATURE PAGE FOLLOWS]

CITY OF SAN MATEO CONTRACTOR
Joanne Magrini Date Scott Urman Date
Director, Parks & Recreation President
Bay Area Educational Theater
Company

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

Exhibit A:

Exhibit B:

Scope Of Instructional Services And Payment Schedule
Insurance Requirements
Recreation Contract for Services
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EXHIBIT A

SCOPE OF INSTRUCTIONAL SERVICES

AND PAYMENT SCHEDULE

1. Contractor Informa�on
Contractor Name Bay Area Educa�onal Theater Company
Main Contact
Address
Scot Urman
1030 Terminal Way, San Carlos, CA 94070
Phone #1 650.867.4856 Phone #2
Email Address [email protected]

2. Agreement Term
From: June 16, 2024 To: August 31, 2025

3. Instruc�onal Services - CONTRACTOR agrees to provide the following services:

Virtual or inperson?
In-person
Drop-ins
offered?
No
Minimum
Enrollment
35 Ac�vity/Ac�vity Type
Youth Theater Camps

4. Instruc�onal Terms – For the performance of instruc�onal services listed in Sec�on 3, the CITY will compensate the CONTRACTOR as follows:

Select
One Rate
70 Type
X %
%
Of in-person and/or virtual courses held on CITY property less the administra�ve factor surcharges
Of in-person and/or virtual courses held off CITY property less the administra�ve factor surcharges
Other (described):

5. Materials Terms: CONTRACTOR shall purchase, obtain, and provide all class materials at the CONTRACTOR’S expense except as described below:

Select
One
Rate per
par�cipant Type
$ Added to course fee and paid in full to Contractor. Material rates per par�cipant varies with mutual agreement between Contractor and CITY.

X Varies
$
$
Recrea�on Contract for Services – Exhibit A
Last updated and approved by City Atorney’s Office 04/20/2023 Page 1 of 2 99 of 2271

6. Special Terms
a. COURSE CANCELLATION: If course is cancelled due to low enrollment, neither city nor Contractor will receive revenue/payment due to patrons being refunded 100%. Refer to Independent Contractor Handbook. b. CLASS CANCELLATION: Make-up classes will be held at the discre�on of the Parks and Recrea�on Department.
c. CONTRACTORS unless otherwise agreed, agrees to use Zoom for virtual classes and must adhere to the security se�ngs required by the City of San Mateo IT department.

7. Payment Terms – CONTRACTOR shall be paid upon the following basis:

Select One Terms
X In one installment at end of each session, per Recrea�on Produc�on Schedule Other (describe):

8. CONTRACTOR agrees to the following terms in regard to payment:
a. Payment of the amount due will be paid to the CONTRACTOR within three (3) weeks of the end of the session.
b. CONTRACTOR understands that fees for registrants signing up for a class a�er the start date or withdrawing from a class before the end date may result in pro-rated fees and thus the payment will also be prorated.
c. Payment may be delayed if atendance is not confirmed with Parks and Recrea�on Staff in a �mely manner.
d. The total amount payable to CONTRACTOR shall not exceed $254,000.

Recrea�on Contract for Services – Exhibit A
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EXHIBIT B

INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain a Certificate of Insurance and endorsements that shows the following coverage:

Low to
MediumRisk
$2,000,000 each occurrence and
High-Risk $4,000,000 Aggregate Limit
Activities Minimum
$1,000,000 each occurrence
and $2,000,000 Aggregate Limit
Minimum
X
Activities (Not offered through Alliant)
Physical Sports- Contact Football, Tennis,
Swimming, Softball etc. Lectures, Seminars etc.

Music Lessons-Group or Private
Book Club
Horseback riding
Skateboarding, Ice Skating, etc.

Adult/Youth Dance and Fitness Sailing or other water sports Arts and Crafts (not involving heavy machinery or
hazardous materials) Gymnastics
Martial Arts Learning and Enrichment (Science, cooking, language, etc.)
Yoga/Chair Yoga Cheerleading
Other: ________________________ Other: ________________________ 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 $1,000,000 per occurrence ($2,000,000 if required above). 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. 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.

3. Proof of Automobile Insurance for the vehicle the Contractor will use as required by the State of California. If the Contractor’s vehicle changes, it is the Contractor’s responsibility to update the proof of automobile insurance provided to the City.

4. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

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

City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
B. Insurance Endorsement Requirements:

Reviewed and approved by City Attorney’s Office as of 4/18/2024 101 of 2271
The CGL policy is to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Endorsement
The City, its elected and appointed officials, employees, and agents 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.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

The additional insured endorsement should be a separate document from the certificate and should indicate: “The City of San Mateo, its elected and appointed officials, employees, and agents are named as additional insured.”

2. Primary & Non-Contributory Endorsement
For any claims related to this contract, the Contractor’s CGL 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 in excess of the Contractor’s insurance and shall not contribute with it.

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

The Waiver of Transfer (Subrogation) Endorsement should be a separate document from the certificate and should indicate: “The City of San Mateo, its elected and appointed officials, employees, and agents are named as additional insured.”
C. Additional Insurance Information
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be cancelled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this Exhibit. All certificates and endorsements are to be received and approved by the City before work commences, at least 30 days before programming begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Failure to provide required insurance documents may result in cancellation or postponement of scheduled programming.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Reviewed and approved by City Attorney’s Office as of 4/18/2024 102 of 2271
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8692 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:
2nd & El Camino Garage Improvements – Amendment
RECOMMENDATION:

Approve Amendment No. 2 with ZFA Structural Engineers for additional structural investigation services at the 2nd and El Camino Garage in the amount of $45,201.50, for a revised total amount of $197,441.50; and authorize the Public Works Director to execute the amendment in substantially the form presented.

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 Engineers (ZFA) performed a structural investigation which identified exposed, ruptured, and corroded post-tension beam tendons in various areas and recommended that repairs be made to restore the integrity of the structure. In 2023, the City developed a two-phased approach to address structural issues. Phase 1 includes post-tension Beam Tendon Repairs, which includes the replacement of post-tension beam tendons in multiple areas. Phase 2 includes Parking Garage Structural and 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, and 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.

In February 2024, City Council approved a professional services agreement with ZFA in the amount of $139,287.50, with a $21,000 contingency reserve, for full-time engineering and monitoring during the construction phase to observe, identify, and document structural changes as they occur. In early April 2024, Amendment No. 1 was executed increasing the compensation to ZFA in the amount of $12,952.50, for a total agreement amount of $152,240.00, utilizing existing contingency reserves in order to perform a laser level survey while the structure was unloaded to serve as a baseline for ongoing monitoring support during construction. A contingency reserve remains in the amount of $8,047.50.

In late April 2024, new cracks were discovered at critical structural beam locations, elevating the need to immediately evaluate the integrity of the structure at each level of the parking garage. Based on ZFA’s expertise and extensive experience with this specific facility, ZFA was immediately directed to provide additional services to perform scanning, sampling, testing, and recommending a solution to mitigate further damage in these locations. The scope and fee of these services were completed beyond the previously authorized agreement, scope, and fee, and were necessary to immediately complete due to the potential safety risks. The remaining contingency is insufficient to cover these additional services by ZFA.

Based on the above, staff recommends approving Amendment No. 2 to include the additional scope and increased 107 of 2271

CITY OF SAN MATEO
compensation to ZFA in the amount of $45,201.50, for a revised total amount of $197,441.50.

BUDGET IMPACT:

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

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 2

STAFF CONTACT
Steve Wu, Project Manager II
[email protected]
(650) 522-7345
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Contract Amendment Page 1 of 3
Rev 7/21
AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

ZFA STRUCTURAL ENGINEERS

FOR PROFESSIONAL SERVICES
($139,287.50 [Original Amount]; $12,952.50 [Amendment No. 1]; $45,201.50 [Amendment No. 2]) This Amendment No. 2 is made and entered into this day of ___________2024, 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.

WHEREAS, CITY and CONSULTANT entered into an Agreement for professional services for the 2 nd & El Camino Garage Structural Improvements (“Agreement”) on March 7, 2024; and WHEREAS, in April 2024, CITY and CONSULTANT executed Amendment No. 1 to the Agreement which increased the scope of services and compensation in the amount of $12,952.50; and WHEREAS, CITY and CONSULTANT wish to amend the Agreement to include additional professional services included in Exhibit A-2, attached and incorporated herein, and to increase the agreement amount by $45,201.50, for a total revised Agreement amount of $197,441.50.

NOW, THEREFORE, the parties agree as follows:

1. Section 1 – “Scope of Services” of the Agreement is amended to read:
“The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibits A, A-1, and A-2 to this Agreement, attached and incorporated by reference.”

2. Section 5 – “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibits A, A-1, and A2, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $197,441.50 pursuant to Exhibits A, A-1, and A-2.”

3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 3
Rev 7/21
IN WITNESS WHEREOF, CITY OF SAN MATEO and ZFA Structural Engineers have executed this Amendment No. 2 on ___________________ .

CITY OF SAN MATEO CONSULTANT
Matthew Fabry, PE
Public Works Director
APPROVED AS TO FORM:
____________________________
Linh P. Nguyen
Assistant City Attorney
Date Mark A. Moore,
Its Authorized Agent
President
Date
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Contract Amendment Page 3 of 3
Rev 7/21
EXHIBIT A-2

SCOPE OF SERVICES
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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: 14 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8700 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 20, 2024
SUBJECT:

Casanova Park Restroom Remodel – Contingency Increase
RECOMMENDATION:

Approve an increase to the contingency reserve associated with the Newton Construction & Management, Inc. construction contract for the Casanova Park Restroom Remodel in the amount of $75,000, for a revised total contingency reserve of $120,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

In 2016, the Public Works Facilities Division and the Parks and Recreation Department assessed all park restrooms and developed a long-term plan for phased remodeling, based on greatest need and available funding. The Beresford, Los Prados, Martin Luther King, Bayside, and Parkside restrooms included in Phases 1, 2 and 3 were remodeled between 2016 and 2017. The park restrooms included in Phase 4 of the remodeling program are located at Indian Springs, Casanova, and Fiesta Meadows parks.

City Council awarded three separate construction contracts to Newton Construction & Management, Inc. (Newton) for the Indian Springs restroom in May 2022, Casanova restroom in October 2022, and Fiesta Meadows restroom in February 2023. Although each restroom location has unique needs, the general scope of work for each location includes the installation of new wall panels, doors, accessibility improvements, new fixtures, partitions, flooring, lighting, a drinking fountain, and painting.

Due to the level of unforeseen conditions at the Indian Springs and Casanova locations, staff instructed Newton to delay the start of construction at Fiesta Meadows in the event that the construction contingencies established were deemed insufficient to complete work at the first two locations. Fortunately, Indian Springs concluded in early 2024, but the renovations at Casanova are projected to exceed the construction contract and contingency amount of $343,253.22 due to unforeseen existing conditions that were found to be non-code compliant. These unexpected Casanova costs exceed the remaining available project budget in the Park Restroom Refurbishment Phase IV Project fund. The Casanova contract is currently scheduled for completion in June 2024.

To manage the budgets, staff coordinated with Newton to terminate the Fiesta Meadows Park Restroom Remodel construction contract, which Newton was agreeable with. The Fiesta Meadows remodel will then be recommended for award at a forthcoming Council meeting. The contract termination allowed for $198,780.47 to return to the Park Restroom Refurbishment Phase IV Project fund, which allows for available funding for the completion of the Casanova Park Restroom Remodel construction project.

Based on the above, staff recommend increasing the contingency reserve associated with the Casanova Park Restroom Remodel construction contract by $75,000 to address the additional scope and complete the project as scheduled. 112 of 2271

CITY OF SAN MATEO
BUDGET IMPACT:

With the termination of the Fiesta Meadows Park Restroom Remodel construction contract, there is sufficient funding available in the Park Restroom Refurbishment Phase IV Project (46F002) to fund the contingency increase.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Steve Wu, Project Manager II
[email protected]
(650) 522-7345
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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: 15 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-8725 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: May 20, 2024
SUBJECT:

Police Department and City Clerk’s Office – Classification Updates RECOMMENDATION:

Adopt a Resolution to 1) add 1.0 Full Time Equivalent Senior Management Analyst position in the Police Department; 2) update the job specification for the classification of Senior Management Analyst; 3) increase the salary range for the Deputy City Clerk classification; and 4) update the job specification for the classification of Deputy City Clerk.

BACKGROUND:

Police Department - Add 1.0 FTE Senior Management Analyst and update the job specification for the classification:

For the past two years, the Police Department has implemented the Community Wellness and Crisis Response Team (CWCRT), which included the department paying for a clinician to be provided by the local non-profit, Star Vista, and embedded at the PD for crisis response alongside police officers. The CWCRT has been a resounding success, and the addition of the clinician has improved and expanded how the PD meets the behavioral health crisis needs of the San Mateo community. At the same time, as part of separate initiatives, the PD has implemented a Homeless Outreach Team (HOT), an additional CWCRT clinician, and is in the process of bringing on a domestic violence victim advocate through another local, non-profit, Community Overcoming Relationship Abuse (CORA) – to be completed in the Fall of 2024, to optimally serve the community.

Given this increase of civilian, alternative response units, the PD has recognized the important need to add a Senior Management Analyst position to help oversee, manage, and coordinate these programs and employees, both internally at the PD and also with the partner participating agencies. By adding this position, the PD will ensure proper management of these units and programs, appropriate span of control in oversight, and, with the update to the job specification, the Senior Management Analyst will have the background clearance required and driving ability to go out into the field to oversee the employees of these civilian units as appropriate. The proposed resolution recommends adding 1.0 FTE Senior Management Analyst position in the PD, and revising the Senior Management Analyst job specification to reflect the duties and required license and background checks when assigned to the PD.

City Clerk’s Office – Increase the Deputy City Clerk salary range and update the job specification for the classification:

The Deputy City Clerk position serves as second in command for the City Clerk's Office and, in the absence of the City Clerk, is expected to perform the duties of the Department Head. The duties and responsibilities of the Deputy City Clerk position have evolved from the original intent, and has become a position requiring specialized skills, experience, and ongoing professional development. The proposed resolution recommends revising the job specification to accurately reflect the essential duties and minimum qualifications of the classification.

The compensation study conducted by Bryce Consulting in February 2024 using the labor market survey agencies listed in the City’s Management Association Memorandum of Understanding to set the top salary range showed the Deputy City 114 of 2271

CITY OF SAN MATEO
Clerk position is 36.77% below labor market median in maximum base salary. Consistent with the City’s compensation philosophy to pay competitive salaries in order to attract and retain highly qualified employees, the proposed resolution recommends setting the monthly salary range of the Deputy City Clerk to match the Senior Management Analyst at $9,743.85 - $11,624.18. This would result in a 34.09% salary range increase for the Deputy City Clerk classification effective May 26, 2024.

BUDGET IMPACT:

The Deputy City Clerk salary increase will have no impact in fiscal year 2023-24. For fiscal year 2024-25, the total estimated compensation increase will be $43,000. Any future costs will be built into the City Clerk’s personnel budget. Adding the Sr.

Management Analyst to the Police Department will not have any impact in fiscal year 2023-24 as it will not be possible to complete the recruitment process before the end of the current fiscal year. Future costs for this position are estimated to be $193,000 for fiscal year 2024-25, which will be included in the department’s personnel budget, and will be offset by a reduction of contract services within the Police Department’s operating budget, resulting in no additional impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

These classification updates are not subject to CEQA, because they are government fiscal activities that will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Job Specifications
Exhibit B – Deputy City Clerk salary range
Att 2 – Job Specifications with tracked changes

STAFF CONTACT
Shawnna Maltbie, Interim Director of Human Resources
[email protected]
650.522.7276
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CITY OF SAN MATEO
RESOLUTION NO. __ (2024)

CLASSIFICATION UPDATES
POLICE DEPARTMENT AND CITY CLERK’S OFFICE
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed classification updates as detailed below are in response to the Police Department’s requests to add 1.0 FTE Senior Management Analyst position and revise its job specification; and the City Clerk’s requests to increase the salary range, and revise the job specification, for the classification of Deputy City Clerk; and
WHEREAS, the proposed job specifications for the classifications of Senior Management Analyst and Deputy City Clerk are attached hereto as Exhibit A, and the proposed salary range for the classification of Deputy City Clerk is attached hereto as Exhibit B; and all exhibits are incorporated by reference; and WHEREAS, the employee associations representing the impacted classifications have been informed of the classification updates and have not brought forth any objections or concerns.

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

1. The classification updates are not subject to CEQA because it can be seen with certainty that they will not cause a physical change in the environment; and

2. The addition of 1.0 FTE Senior Management Analyst position in the Police Department are is approved; and

3. The revisions to the job specifications for the classifications of Senior Management Analyst and Deputy City Clerk attached hereto as Exhibit A are approved; and

4. The salary range increase to the Deputy City Clerk classification attached hereto as Exhibit B are is approved.
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Exhibit A

SENIOR MANAGEMENT ANALYST

DEFINITION
To perform complex responsible professional and technical duties in providing staff assistance to the City Manager or major departments; to conduct special studies, surveys and research assignments in a variety of administrative and operational procedures and topics, often with City-wide and/or major financial impact; and to do related work as required.

Successful performance of the work requires a good knowledge of municipal operations and functions in addition to well-developed communication and analytical skills.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from City or departmental management personnel.

May exercise technical and functional supervision over office, technical and professional personnel.

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

Compile and analyze data; prepare reports and make recommendations on the formulation of policy and procedure, and staffing and organization changes, often with City-wide impact.

Conduct surveys and perform research and statistical analyses on administrative, fiscal, personnel, and operational problems.

Conduct financial analyses; prepare reports and make recommendations regarding rate structures, bonding, budgeting and other financial matters.

Prepare contracts, proposals, grant applications and similar documents; prepare reports and monitor grants and contracts for program compliance.

Participate in the development of an installation of new or revised programs, systems, procedures, and methods of operation; update and revise policies and procedures. 117 of 2271
Coordinate the development, administration and monitoring of the City or department budget; prepare a variety of fiscal, administrative and management reports.

Compile materials and prepare technical and administrative reports, manuals, and publications.

Act as the Department's primary liaison with management staff in discussing and solving sensitive and complex issues.

Assist in the design and implementation of systems and forms for use in operation.

Respond to complaints and requests for information; recommend solutions and courses of action after evaluating alternatives.

Represent the City in interdepartmental, community, and professional meetings as required; negotiate settlements and has authority to adopt course of action.

Assist in the coordination of intradepartmental and departmental activities with other City departments and divisions, and outside agencies.

Interpret Federal, State and City regulations; coordinate their application to City operations.

When assigned to the Police Department, may be required to oversee civilian, alternative responseteams (i.e. homeless outreach, clinical crisis response, or other units as determined by the department) and respond in the field to calls for service related to those teams as determined by the department.

QUALIFICATIONS
Knowledge of:

Principles and practices of organization and public administration.

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

Research techniques and methods of report preparation. Standard office practices, procedures, methods and equipment.

Research techniques, sources, and availability of information, and of report preparation and presentation.

Pertinent State, Federal and local laws and regulations. Principles of contract and grant administration.

Organization and municipal government practices as applied to the analysis and evaluation of programs, policies, and operational needs.

Ability to:

Review complex organizational, administrative and financial problems, and recommend and implement an effective course of action.
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Establish and maintain cooperative working relationships with those contacted in the course of work.

Communicate clearly and concisely, both orally and in writing. Interpret and apply policies, procedures, rules and regulations.

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

Experience:

Four years of general administrative local government experience, preferably in local government, at least two years of which are comparable to those of Management Analyst II with the City of San Mateo.

Training:

Equivalent to a Bachelor's Degree from an accredited college or university with major work in public or business administration or a closely related field.

Experience or training in financial, grant or contract analysis and/or administration are desirable.

License or Certificate:

When assigned to the Police Department, a successful candidate must be willing to submit to a personal background investigation as required by the Police Department.

When assigned to the Police Department, possession of a valid State of California driver’s license and appropriate license classification is required.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to work in a standard office environment.

ADOPTED CC: 8-05-91
REVISED CC: 5-20-02, 5-20-24
FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES (SUBJECT TO DEPARTMENT DUTIES)
JOB CODES: 2024
ABOLISHED:
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DEPUTY CITY CLERK

DEFINITION
Using independent judgement, plan, organize, direct and perform a variety of complex administrative, technical, and supervisory duties in support of the City Clerk Department’s day-today operations, primarily legislative operations and contract and process management; provide a high level of administrative and technical support to the City Clerk and other departments and perform all duties of the City Clerk in his/her absence.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the City Clerk.

Exercises direct supervision over management and administrative staff.

DISTINGUISHING CHARACTERISTICS
This is a single position class responsible for assisting the City Clerk in administration of the City Clerk Department’s operations. The incumbent works under the direction of the City Clerk and exercises supervision over administrative, intern and volunteer positions. This position acts as the City Clerk in the City Clerk’s absence and is noted as the second in charge to the Director.

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

Assists the City Clerk in performing the day-to-day functions of the City Clerk's office; and in the absence of the City Clerk, act as City Clerk, performing such duties as serving as the Clerk of the City Council, maintaining meeting protocols, parliamentary procedures and proper conduct, writing agenda reports, taking minutes, certifying ordinances, resolutions, agreements and other official documents, administer oaths of office and supervise staff.

Prioritizes work of staff; develops and trains staff; conducts performance evaluations; approves actions regarding hiring, promoting, and disciplining; and approves recommendations on all employee actions
Reviews changes in law, regulations and guidelines for their effect on City Council and Advisory Body activities; evaluates the effect of such changes, and recommends and implements changes to policies and procedures as required for compliance.

Monitors and evaluates the efficiency, effectiveness and quality of service delivery methods and procedures for the department.
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Reviews the work plan for administrative and management staff, meets with each to identify and resolve problems.

Negotiates and resolves significant and controversial issues.

Serves as a community liaison and lead in providing service outreach.

Assists in the preparation of the annual budget for the Department; estimates staffing, equipment, and supply needs based upon recent trends and planned activities; monitors expenditures after budget adoption.

Implements and manages the agenda production process including maintaining a deep knowledge of the agenda management software and process; training staff in the use of the software and process; and assists in deploying consistent agenda practices across the organization; coordinating with other departments on agenda content; enforcing work product standards and holding departments and higher classifications responsible for meeting standards and deadlines; and producing the agenda and agenda packet per state law and city requirements.

Manages the publication of legal and public notices, for all Council bodies, in accordance with City, State and Federal law, and filing, indexing, certifying, processing for recordation, and safeguarding of all City Council proceedings.

Attends City Council meetings with the City Clerk to assist with operating the audio / visual / agenda / voting system and take minutes as required.

Responsible for after Council action including producing and maintaining official City records and documents in good order such as resolutions, ordinances, contracts, deeds, correspondence, interagency notifications and minutes.

Primary responsibility for the tracking, gathering signatures and for ensuring a complete record, including adequate insurance certificates and appropriate attachments, of all contracts and agreements falling under City Council purview.

Ensures compliance with government codes for records retention and destruction and assist in records management endeavors.

Researches public records and provide information to the public and staff members concerning City Council actions, laws, ordinances, codes, procedures and projects; independently composes responses to requests for information.

Maintains compliance with applicable Federal, State, local laws, relating to areas of responsibility, including but not limited to, California Elections Code, the Brown Act, Political Reform Act, Conflict of Interest Code, and the Public Records Act.

Oversees maintenance and development of City-wide records management initiatives.

Assists the City Clerk in the administration and conduct of municipal elections and special events.

Serves as Filing Officer for campaign and conflict of interest finance reporting.

Serves as liaison to the County Registrar of Voters.
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Oversees the recruitment process for members of City boards and commissions, process applications, interview scheduling and appointments.

Develops and implements annual department workplan objectives.

Prepares and presents agenda reports and presentations to the City Council on areas relating to City Council direction.

Serves as a liaison for assigned functions with other City departments, divisions, and outside agencies; provides support to staff liaison to Boards, Commissions, and Committees.

Serves as Clerk’s Office software subject matter expert to internal and external groups.

Anticipates and meets the needs logistic and other challenges prior to City Council meetings and events.

Develops and amends staff wide policies in line with the needs of the agency.

Monitors and communicates legislative developments impacting operational needs.

Develops and sustains the agencies special relationships, including attendance and facilitation of special events.

Attends and facilitates Executive Team meetings, communicate directions and updates to department staff.

Coordinates with Department Heads on key initiatives, programs, and assignments. Works with staff, the public, and elected officials to provide a high level of administrative support services.

Administers special programs and process related documents, such as deeds, release of bonds relating to bids, insurance certificates, Statements of Economic Interest, Campaign Statements, and all other statutory duties.

Collects, compiles, analyzes, and prepares data for special surveys, projects, and reports.

Manages projects and events independently.

Processes public generated or departmental transactions, such as personnel action forms, reimbursements, travel expenses, make travel arrangements, purchase orders or invoices.

Edits, reconciles, and enters data into City’s computer programs.

Reconciles report with source data.

Drafts or types, edits, revises and proofreads documents.

Maintains and coordinates calendars, events, changes in procedures, or projects.

Serves on departmental or City-wide committees or tasks forces. 122 of 2271
Interprets City policies, procedures, laws, and regulations.

Tests new software.

Provides programmatic support.

Acts as liaison with program and managerial staff.

Performs other duties as assigned.

QUALIFICATIONS
Minimum Knowledge:

Excellent English usage, spelling, grammar and punctuation.

Business letter writing and report preparation.

Operation and use of office equipment, including strong computers skills and office software applications.

Procedures and practices of records management.

Organization and functions of municipal government.

Laws, rules, regulations, and procedures related to City Clerk functions, including municipal elections, political reform requirements and public records.

Principles and practices of management, supervision, and training.

Knowledge of basic accounting and budget procedures.

Skills and Abilities:

Meet multiple deadlines and balance multiple projects
Provide information and organize material in conformance with policies and regulations.

Respond to requests and inquiries from the general public.

Maintain complex records, summarize written material, and interpret a variety of documents, including contracts and ordinances, and apply laws, rules and regulations.

Answer user questions and assist in training City personnel in records management.

Communicate clearly, effectively and concisely, both orally and in writing.

Establish and maintain cooperative working relationships with those contacted in the course of work. 123 of 2271
Ability to review documents for completeness and accuracy.

Ability to take notes and prepare minutes.

Locate and assemble data; provide information and organize material in conformance with laws and procedures.

Supervise and train staff.

Maintain multiple filing systems including confidential data.

Keep abreast of laws, regulations, and pertinent professional knowledge related to the field.

Maintain confidentiality.

Understand and carry out verbal and written instructions.

Provide excellent customer service to the public and to the organization.

Ability to respond professionally and effectively to changing priorities.

Review and analyze processes, procedures and policies and make effective recommendations for change.

Function independently and make decisions based on sound judgment affecting areas of responsibility within established guidelines and consistent with applicable law or code.

Ability to demonstrate thoroughness and accuracy.

Education and Training Guidelines:

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

Experience:

Five years of increasingly responsible clerical experience in a municipal organization of which at least two years’ experience in a City Clerk’s department or local government equivalent.

Experience working with City Council, Boards or Commissions is highly desirable.

Education:

Equivalent to completion of two years of college or possession of an Associate of Arts degree with major course work in business or public administration or a field related to the work, or certification as a Certified Municipal Clerk.

Special Requirements:

Ability to attend night meetings.

Certificates: Certified Municipal Clerk certificate is desirable. 124 of 2271
ADA Special Requirement:

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

Ability to work in a standard office environment.

ADOPTED CC: 4-12-81
REVISED CC: 9-7-88, 10-18-04, 11-16-09, 6-20-16, 11-2-20, 5-20-24 FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2017
DMV RECORDS CHECK: NO
ABOLISHED:
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Exhibit B
City of San Mateo – Merit Salary Schedule for Adoption by Council on May 20, 2024 Steps Hourly Biweekly Monthly Annual
Step 1 56.21 4,497.16 9,743.85 116,926.20
Step 2 58.73 4,699.68 10,182.63 122,191.56
Step 3 61.39 4,909.95 10,638.23 127,658.76
Step 4 64.15 5,131.37 11,117.96 133,415.52
Step 5 67.05 5,365.01 11,624.18 139,490.16
Deputy City Clerk - Job Code 2017
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SENIOR MANAGEMENT ANALYST

DISTINGUISHING CHARACTERISTICS
Positions in this class perform the full range of complex and sensitive administrative and technical support duties. The emphasis of the work may be upon financial analyses, grant and contract administration and/or policy development, depending on the organizational unit to which assigned. Successful performance of the work requires a good knowledge of municipal operations and functions in addition to well-developed communication and analytical skills.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from City or departmental management personnel.

May exercise technical and functional supervision over office, technical and professional personnel.

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

Compile and analyze data; prepare reports and make recommendations on the formulation of policy and procedure, and staffing and organization changes, often with City-wide impact.

Conduct surveys and perform research and statistical analyses on administrative, fiscal, personnel, and operational problems.

Conduct financial analyses; prepare reports and make recommendations regarding rate structures, bonding, budgeting and other financial matters.

Prepare contracts, proposals, grant applications and similar documents; prepare reports and monitor grants and contracts for program compliance.

Participate in the development of an installation of new or revised programs, systems, procedures, and methods of operation; update and revise policies and procedures.

Coordinate the development, administration and monitoring of the City or department budget; prepare a variety of fiscal, administrative and management reports.

Compile materials and prepare technical and administrative reports, manuals, and publications. 127 of 2271
Act as the Department's primary liaison with management staff in discussing and solving sensitive and complex issues.

Assist in the design and implementation of systems and forms for use in operation.

Respond to complaints and requests for information; recommend solutions and courses of action after evaluating alternatives.

Represent the City in interdepartmental, community, and professional meetings as required; negotiate settlements and has authority to adopt course of action.

Assist in the coordination of intradepartmental and departmental activities with other City departments and divisions, and outside agencies.

Interpret Federal, State and City regulations; coordinate their application to City operations.

When assigned to the Police Department, may be required to oversee civilian, alternative response-teams (ie:
homeless outreach, clinical crisis response, or other units as determined by the department) and respond in the field to calls for service related to those teams as determined by the department..

QUALIFICATIONS
Knowledge of:

Principles and practices of organization and public administration.

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

Research techniques and methods of report preparation. Standard office practices, procedures, methods and equipment.

Research techniques, sources, and availability of information, and of report preparation and presentation.

Pertinent State, Federal and local laws and regulations. Principles of contract and grant administration.

Organization and municipal government practices as applied to the analysis and evaluation of programs, policies, and operational needs.

Ability to:

Review complex organizational, administrative and financial problems, and recommend and implement an effective course of action.

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

Communicate clearly and concisely, both orally and in writing. Interpret and apply policies, procedures, rules and regulations.
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Experience and Training Guidelines
Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Training:

Equivalent to a Bachelor's Degree from an accredited college or university with major work in public or business administration or a closely related field.

Experience or training in financial, grant or contract analysis and/or administration are desirable.

License or Certificate:

When assigned to the Police Department, a successful candidate must be willing to submit to a personal background investigation as required by the Police Department.

When assigned to the Police Department, possession of a valid State of California driver’s license and appropriate license classification as required.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to work in a standard office environment.

ADOPTED CC: 8-05-91
REVISED CC: 5-20-02
FORMER TITLES:

DEPUTY CITY CLERK

DEFINITION
Using independent judgement, plan, organize, direct and perform a variety of complex administrative, technical, and supervisory duties in support of the City Clerk Department’s day-to-day operations, primarily legislative operations and contract and process management; provide a high level of administrative and technical support to the City Clerk and other departments and perform all duties of the City Clerk in his/her absence.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the City Clerk.

Exercises functional and technical supervision over administrative staff.Exercises direct supervision over management and administrative staff.

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

Assists the City Clerk in performing the day-to-day functions of the City Clerk's office; and in the absence of the City Clerk, act as City Clerk, performing such duties as serving as the Clerk of the City Council, maintaining meeting protocols, parliamentary procedures and proper conduct attending meetings, writing agenda reports, taking minutes, certifying ordinances, resolutions, agreements and other official documents, administer oaths of office and supervise staff.

Prioritizes work of staff; develops and trains staff; conducts performance evaluations; approves actions regarding hiring, promoting, and disciplining; and approves recommendations on all employee actions Reviews changes in law, regulations and guidelines for their effect on City Council and Advisory Body activities; evaluates the effect of such changes, and recommends and implements changes to policies and procedures as required for compliance.

Monitors and evaluates the efficiency, effectiveness and quality of service delivery methods and procedures for the department.

Reviews the work plan for administrative and management staff, meets with each to identify and resolve 130 of 2271
problems.

Negotiates and resolves significant and controversial issues.

Be aServes as a community liaison and lead in providing service outreach.

Attends City Council meetings with the City Clerk to assist with operating the audio / visual / agenda / voting system and take minutes as required.

Ensures compliance with government codes for records retention and destruction and assist in records management endeavors.

Oversees maintenance and development of City-wide records management initiatives.

Assists the City Clerk in the administration and conduct of municipal elections and special events. Serves as Filing Officer for campaign and conflict of interest finance reporting.

Serves as liaison to the County Registrar of Voters.

Oversees the recruitment process for members of City boards and commissions, process applications, interview scheduling and appointments.
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Develops and implements annual department workplan objectives.