Agenda packet, regular meeting — San Mateo City Council, July 15, 2024 (part 1 of 3)

CITY OF SAN MATEO
City Council Regular Meeting
July 15, 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

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

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

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

To join via Zoom – click here:

July 15, 2024
To join via telephone: (408) 638-0968
Webinar ID: 832 0207 7109 Passcode: 924837
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.

Agenda Item #26 was revised on Friday, July 12, 2024 to include additional materials.

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. Park and Recreation Month – Proclamation

2. Wildland Fire Prevention – Informational Update

3. Disability Pride 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 following minutes: the special and regular meetings of May 6, 2024, May 20, 2024, and June 3, 2024; and the special meeting minutes of May 22, 2024, and May 30, 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. Columbia/Crystal Springs Storm Drain Improvements – Agreement Approve an agreement with W. R. Forde Associates, Inc. for the Columbia/Crystal Springs Storm Drain Improvements in the amount of $728,654; establish a contingency reserve in the amount of $146,000; 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.

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.)

6. Construction Special Inspection Services for the Clean Water Program – Amendment Approve Amendment No. 3 to the professional services agreement with Smith Emery San Francisco to provide as- needed construction special inspection services for various Clean Water Program projects; increase the compensation for the agreement by $500,000, for a revised total agreement amount of $3,100,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

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

7. Citywide Street Rehabilitation Package 5-B - Agreement Approve an agreement with G. Bortolotto & Company, Inc. for Citywide Street Rehabilitation Package 5-B Project in the amount of $4,314,516.30; establish a contingency reserve in the amount of $648,000.00; 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.

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

8. Citywide Street Reconstruction Phase 4 – Contingency Increase Approve a contingency reserve increase in the amount of $2,500,000 for the construction agreement with McGuire and Hester for the Citywide Street Reconstruction Phase 4 Project, for a total revised contingency reserve of $3,130,000; and authorize the Public Works Director to issue change orders within the contingency amount.

9. Lakeshore Park Restroom Remodel – Budget Transfer and Construction Contract

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Adopt a Resolution authorizing a budget transfer in the Capital Projects Fund from the Phase IV Park Restroom Remodel Project to the Phase V Park Restroom Remodel Project in an amount of $105,000; approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. for the Lakeshore Park Restroom Remodel in the amount of $495,331.23; establish a contingency reserve in the amount of $75,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

10. Public Works Facilities Program Manager - Professional Services Agreement Approve an agreement to ArcPath Project Delivery, Inc. to provide professional program management services to the Public Works Facilities Division for Fiscal Year 2024-25 in the amount of $150,000; and authorize the Public Works Director to execute the contract in substantially the form presented.

CEQA: This City Council action is exempt from CEQA under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the approval of an agreement for professional project management services may have a significant effect on the environment. (CEQA Guidelines Section 15061.)

11. King Recreation Center - New Fire Alarm System – Change Order Approve Contract Change Order No. 2 to the construction contract with Newton Construction & Management, Inc. in the amount of $173,353.48, to install a new roof top unit at the King Recreation Center, increasing the total contract amount to $405,762.74; and authorize the Public Works Director to execute the change order in substantially the form presented.

12. Beresford Recreation Center Accessible Entrance – Construction Contract Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $796,199.73 to construct the Beresford Recreation Center ADA Entry Project; establish a contingency reserve in the amount of $50,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

13. 2nd and El Camino Garage Improvements Phase 1 – Change Order Approve Contract Change Order No. 1 to the construction contract with Angeles Contractor, Inc. in the amount of $754,783.85, for a revised not-to-exceed contract amount of $1,446,693.80; increase the contingency reserve amount by $75,000, for a revised total contingency reserve of $180,000; and authorize the Public Works Director execute Change Order No. 1 in substantially the form presented and issue additional change orders within the contingency amount.

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14. Transportation Development Act Article 3 - Grant Acceptance and Budget Appropriation Adopt a Resolution to accept a Transportation Development Act Article 3 grant award from the Metropolitan Transportation Commission in the amount of $253,800 and to appropriate the grant funding and $28,200 in Measure A funds as local match to the San Mateo Caltrain Station North Access Improvement Project; and authorize the City Manager to execute all required grant documents in substantially the form presented.

CEQA: This grant acceptance 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).)

15. Wastewater Treatment Plant Upgrade Construction Services – Contingency Increase Approve an increase in the amount of $14,650,000 to the City’s contingency budget for its contract with Sundt Construction, Inc. for construction of the Wastewater Treatment Plant Upgrade and Expansion Project, for a revised total contingency of $40,920,000; and authorize the Public Works Director to issue change orders within the contingency amount.

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

16. Integrated Supervisory Control and Data Acquisition System Maintenance and Improvement – Change Order Approve Contract Change Order No. 3 with Enterprise Automation, LLC for upgrading and maintaining the City’s Supervisory Control and Data Acquisition system in an amount not to exceed $151,523, for a revised total contract amount not to exceed $350,679; extend the term of the contract through July 31, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented and additional change orders within the existing contingency reserve including no-cost time extensions.

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

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17. Young Tree Watering Services – Agreement
Approve a two-year agreement for Young Tree Watering with West Coast Arborist, Inc. in an amount not to exceed $260,000, and authorize three, one-year extensions of up to $130,000 per year, for a total amount not to exceed $650,000; and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.

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

18. Wastewater Treatment Plant Supervisory Control and Data Acquisition Monitoring and Upgrade Project – Change Order
Approve Contract Change Order No. 2 with Technology Management Professionals dba TMPros, LLC in the amount of $154,404 to monitor and maintain the Supervisory Control and Data Acquisition Network at the Wastewater Treatment Plant for Fiscal Year 2024-2025, for a total revised contract amount of $328,544; extend the term of the contract to July 31, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented.

19. Bay Meadows Community Facilities District – Special Tax Levy for Fiscal Year 2024-25 Adopt a Resolution to authorize the levy of special taxes for Fiscal Year 2024-25 for the Community Facilities District No. 2008-1 (Bay Meadows).

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

20. Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2024 Revisions Adopt a Resolution to establish 2024 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing three or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.

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

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21. Kroger Opioid Settlement – Agreement
Approve the City’s participation in a no-cost opioid settlement agreement with Kroger, and authorize the City Attorney to execute documents confirming the City’s participation, directing the City’s share of settlement funds be provided to the City of San Mateo, and redirecting previously approved settlement funds back to the City of San Mateo.

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

22. City Manager’s Office and Police Department – Classification Updates Adopt a Resolution to 1) reallocate the vacant Communications and Public Relations Analyst to create a new classification Communications and Engagement Coordinator I-II in the City Manager's Office; 2) approve the job specification for the classification of Communications and Engagement Coordinator I-II; 3) set the salary range for Communications and Engagement Coordinator I to match the salary range of Management Analyst I, and the salary range for Communications and Engagement Coordinator II to match the salary range of Management Analyst II; 4) consolidate the existing Dispatcher I-II flexibly-staff classification to create a new classification Dispatcher in the Police Department; 5) approve the job specification for the classification of Dispatcher; and 6) set the salary range for the classification of Dispatcher to match the Dispatcher II.

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

23. By-Right Housing Opportunity Overlay District – Zoning Code and Map Amendments – Ordinance Adoption Adopt an Ordinance amending San Mateo Municipal Code Title 27 Zoning, to add Chapter 27.94, Housing Opportunities Overlay District (H), which would allow certain types of housing projects by-right on specified parcels, and amending the San Mateo Zoning Map to establish the “H” overlay on 39 parcels; and Adopt a separate Ordinance reclassifying the zoning for 200 S. Fremont Street from R4-D to R4-D/H; and find that the ordinances are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With A Community Plan, General Plan, or Zoning).

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

24. 1528 S. El Camino Real - Zoning Map Amendment – Ordinance Adoption Adopt an Ordinance to approve a Zoning Map Amendment to rezone a portion of the site at 1528 El Camino Real from R3 to C2-1/R4.

25. Transportation Fund for Clean Air – Grant Application Adopt a Resolution to approve an application to the City/County Association of Governments of San Mateo County’s Transportation Fund for Clean Air Grant funding to replace a diesel street sweeper with a battery electric street sweeper for an estimated total cost of $900,000, inclusive of a 60% (or $540,000) grant amount and a 40% (or $360,000) City local match; and, if awarded, appropriate the grant funds to the Solid Waste Fund; and authorize the City Manager to execute all required grant documents.

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CEQA: Adoption of a resolution approving a grant application is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) In addition, the submission of a grant application including local matching funds not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

26. San Mateo City Employees’ Association - Memorandum of Understanding Changes Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo City Employees’ Association for a term through June 19, 2027 and to appropriate funds in the amount of $500,000 for the Fiscal Year 2024-25 Budget.

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

27. Park and Recreation Commission Appointment Subcommittee – Appointment Recommendation Appoint Sabrina Ocampo to the Park and Recreation Commission for a partial term through June 10, 2025 and place John Medina on an eligibility list for six months, should another vacancy on the commission occur.

CEQA: This appointment recommendation 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).)

28. City Council and Boards and Commission Rules and Procedures – Update Approve the amendments to the City Council Rules and Procedures and the Boards and Commissions Rules and Procedures to reflect the direction provided by City Council on the revised “Council Member Conduct” chapter.

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

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.

29. Potential Ballot Measure – Consideration of Placing a Land Use Measure on the November 2024 Ballot Adopt a resolution placing a measure on the November 2024 ballot to seek voter approval of: (1) the General Plan Land Use Element that focuses growth primarily in the downtown and near transit, and that maintains existing height, density, and intensity limits in other neighborhoods consistent with Measure Y; (2) continued requirements for voter approval of changes to height, density, and intensity, or floor area ratio (“FAR”) limits, through 2030 consistent with Measure Y; and (3) maintain Measure Y limits in the majority of the City while repealing the text of Measure Y to allow for full implementation of General Plan 2040; introduce the ordinance

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containing the measure; and authorize an ad hoc subcommittee of the City Council to prepare an argument in favor of the measure, and a rebuttal argument, to be submitted to the City Clerk.

CEQA: On March 18, 2024, the City Council certified an Environmental Impact Report (“EIR”) for the San Mateo General Plan 2040 that analyzed new development and growth around the City through 2040. In accordance with California Environmental Quality Act (“CEQA”) Guidelines Section 15162, the proposed ballot measure (“Project”) is exempt from further environmental review because it is consistent with General Plan 2040 for which an EIR was certified.

30. 619 W. 39th Avenue - Appeal of a Third Story Addition to an Existing Two-story Single-Family Residence (PA-2023- 017)
Adopt a Resolution to deny the appeal of the Zoning Administrator and Planning Commission decisions to approve a Single-Family Dwelling Design Review (SFDDR) for a 438 square-foot third story addition to an existing two-story single-family residence at 619 W. 39th Avenue, based on the Findings for Approval and subject to the Conditions of Approval.

CEQA: Staff has determined that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) under Class 1 Section 15301(e) Additions to Existing Structures in that the project will not result in an increase of more than 10,000 square-feet, is in an area where all public services and facilities are available to allow for maximum development permissible in the General plan, and is not located in an environmentally sensitive area.

NEW BUSINESS

31. Update Preliminary Application Review and Design Review Requirements for New Development Projects Adopt Resolutions to (1) repeal Resolution No. 69 (2020) and adopt an Early Community Engagement Process for Development Projects, including changes to a mandatory Planning Commission study session requirement and simplification of the noticing and neighborhood meeting procedures for all planning applications, and (2) repeal Resolution No. 67 (1996) Design Review Process for Certain Development Projects; and find that the policy updates are exempt from the California Environmental Quality Act pursuant to Guidelines Section 15378(b)(2).

CEQA: Amending the citywide planning process for pre-applications and changing the design review requirements is an administrative activity and not a project, in accordance with CEQA Guidelines section 15378(b)(2).

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:

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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
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http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

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

During the meeting
By Zoom:

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

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.

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

ACCESSIBILITY:

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8924 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: July 15, 2024
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the following minutes: the special and regular meetings of May 6, 2024, May 20, 2024, and June 3, 2024; and the special meeting minutes of May 22, 2024, and May 30, 2024.

BUDGET IMPACT:

There is no budgetary 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 2024-05-06 Special
Att 2 – Minutes 2024-05-06 Regular
Att 3 – Minutes 2024-05-20 Special
Att 4 – Minutes 2024-05-20 Regular
Att 5 – Minutes 2024-06-03 Special
Att 6 – Minutes 2024-06-03 Regular
Att 7 – Minutes 2024-05-22 Special
Att 8 – Minutes 2024-05-30 Special

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

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City Council Special Meeting Minutes – 5/6/2024 Page 1
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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

May 6, 2024
City Hall Council Chambers 5:00 PM
Special Meeting
CALL TO ORDER at 5:00 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.

STUDY SESSION

1. Wireless Ordinance and Design Standards Update – Study Session Jay Yu, Engineering Manager, and Jason Hallare, Senior Engineer presented on the City’s Wireless Ordinance and Design Standards Update and requested direction as to what extent updates and amendments to the City’s wireless regulations should be prepared and brought back for consideration by the Sustainability and Infrastructure Commission and City Council.

Public Comment (14 speakers) Sandra Dillan recommended the City Council authorize payment for Ariel Straus’ services; Mike Dillan, April McNeil, Vikash, John Connelly, Nancy Cassary, and Diana Rios Dominguez spoke on health concerns related to wireless facilities, Kelly Ryerson, Crystal Garcia, Irena Mavridis, Virginia Wake, and Laurie Watanuki, encouraged maximizing local authority to minimize facilities in residential areas and encouraged researching options for addressing residents’ concerns; Ariel Strauss provided an organized presentation stating the staff report doesn’t reflect community concerns in full; Michael Maslakowski spoke in favor of wireless installations.

Tripp May from Telecom Law Firm, Ariel Strauss, and City Attorney Prasanna Rasiah answered questions by Council.

The Council thanked staff and the community for the work undertaken through to inform this discussion. With consensus, the Council provided input and support to all 13 staff recommendations and provided additional direction to staff on implementation. The City’s wireless regulations updates and amendments will be prepared and brought back for consideration by the Sustainability and Infrastructure Commission and City Council.

ADJOURNMENT –The meeting adjourned at 6:58 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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City Council Regular Meeting Minutes – 5/6/2024 Page 1
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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
May 6, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:10 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. San Mateo High Schools 4.0 Grade Point Average Graduate – Recognition - Students from Aragon, Hillsdale, San Mateo and Serra high schools were recognized for their educational achievements.

Council recessed from 7:50 p.m. to 7:55 p.m.

2. Rotary Club of San Mateo Centennial – Recognition - John Barrett, Rotary President, received recognition along with a Commendatory Resolution from Assemblymember Diane Papan presented by District Director Nicole Fernandez.

3. National Police Week – Proclamation - Ed Barberini, Chief of Police, 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 City Clerk, the public was invited to comment and there was one speaker. Ethan Deitcher spoke to Item #5 and encouraged the City to apply for the Permanent Local Housing Allocation Grant. Motion passed 5-0.

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

4. Private Development and Right-of-Way Support Services – Amendment Approve Amendment No. 1 to the agreement with Anchor Engineering for private development and right-of-way support services to increase the agreement by $180,000 for a total not-to-exceed amount of $680,000; extend the term of the agreement through June 30, 2026; and authorize the Public Works Director to execute Amendment No. 1 in substantially the form presented.

5. Permanent Local Housing Allocation – Grant Application Adopt a Resolution to reapply to the State of California for Permanent Local Housing Allocation grant program fund and approve an amendment to the five-year funding plan.

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City Council Regular Meeting Minutes – 5/6/2024 Page 2
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Enactment: Resolution No. 33 (2024)

6. Downtown Parking Garage Safety Project – Agreement
Approve an agreement with Golden Bay Construction, Inc. for the Downtown Parking Garage Safety Project in the amount of $380,439; establish a contingency reserve in the amount of $76,000; 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.

7. Underground Flow Equalization System – Contingency Amendment Approve an increase to the contingency reserve associated with the Anderson Pacific Engineering Construction, Inc. construction contract for the Underground Flow Equalization System (UFES) project in the amount of $771,000, for a revised total contingency reserve of $5,671,000; and authorize the Public Works Director to issue change orders within the contingency amount.

8. 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.

END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR

9. Community Development Block Grant 2024-25 Annual Action Plan – Adoption Council Member Lee pull item 9 from the Consent Calendar to address information omitted in staff report listing the proposed infrastructure improvements. City Manager Alex Khojikian responded and will provide updates.

Public Comment – there were no speakers.

Motion to Adopt the 2024-25 Annual Action Plan for the Community Development Block Grant program. Motion passed 5-0.

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

PUBLIC COMMENT
Jesus Sanchez spoke regarding North Central bike lanes and parking availability and no space to play sports; Dave Putnik stated that some quick fixes for the North Central Community would help morale and show that government is listening to them and committed to helping their needs; Joesef Fuentes commented on parking needs and how they have to park far away so would like the parking back; Trina Pierce stated many of her fellow residents want and need the parking brought back to their area – seniors are afraid to leave their homes in fear there will not be parking available close by. Also commented that improvements designated by taxes to North Central have not been implemented. Olivette Farris emphasized need for more parking; Connie Weiss thanked staff for attention to area however need more parking for safety reasons; Dave Cohen, speaking for Ethics San Mateo, announced their tax-exempt status by the State of California and informed their released statement of position Council Member Lee in relation to the current City Council enacted Rules of Conduct.

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City Council Regular Meeting Minutes – 5/6/2024 Page 3
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City Manager Khojikian gave an update on the bike lanes in North Central and Humboldt bike lanes. Council members also encouraged more action in this area to meet community needs.

NEW BUSINESS

10. Mental Health Awareness Month and Community Wellness and Crisis Response Team - Presentation San Mateo Police Department Chief of Police Ed Barberini , gave the presentation and update. Briana Fair and Linda Allen Mental Health Clinicians and Linda Allen shared information on the City’s Community Wellness Crisis Response Team program.

Council asked questions and thanked Briana, Linda and Ed for their work.

PUBLIC HEARING

11. Charter Amendments – Public Hearing
Prasanna Rasiah, City Attorney, gave the presentation regarding proposed City Charter amendments addressing how the Mayor is chosen, how vacancies on the City Council are filled, district elections, and other revisions.

Public Comment - Dave Cohen, Ethics San Mateo, expressed appreciation for considering various charter amendments, encouraged accelerating the process and introducing enforcement components to a code of conduct.

Council asked questions and commented on the timing of potential future ballot measures. City Manager Alex Khojikian spoke on the forthcoming survey data to be presented to the Council on May 20th meeting, which will inform Council decision making.

12. Council Member Compensation – Ordinance Introduction Prasanna Rasiah, City Attorney, gave the presentation.

Motion to Introduce an ordinance increasing compensation for City Council members from $600 per month to $1,200 per month, effective January 2025. Motion passed 4-1. The Council provided direction to bring the second reading back as discussion item.

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

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

Announcements included reviewing Council compensation, Rethink waste, Trash to Art winner, Bike Rodeo, and Washington D.C. trip.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, Council convened into Closed Session at 10:39 p.m. to consider:

13. 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

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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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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

May 20, 2024
City Hall Council Chambers 5:00 PM
Special Meeting
CALL TO ORDER at 5:00 p.m.

Roll Call

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:02 p.m. to consider:

1. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Shawnna Maltbie, Yumi Maeda, Karen Huang, Abby Veeser and Stacey Cue.

Employee Organizations: Police Sergeants’ Association, San Mateo City Employees Association, SEIU Maintenance and SEIU Non-Merit Part-Time
Council reconvened at 6:03 p.m.

STUDY SESSION

2. Potential Ballot Measures for November 2024 - Results From Community Survey and Council Direction Christina Horrisberger, Assistant City Manager; Barry Barnes, TeamCivX; and Timothy McLarney, True Noth Research gave the presentation.

Public Comment: Michael Ragan spoke in opposition to a ballot measure to revisit Measure Y. Jordan Grimes expressed concerns for this ballot measure not addressing the city’s housing needs.

Council majority provided direction to staff to: proceed with education and outreach on the land use measure and return to the Council for a decision whether to place it on the November 2024 ballot; to not proceed with education and outreach on the Charter amendments measures and return to Council for a decision whether to place them on the November 2024 ballot. Council provided feedback on staff’s education and information outreach plan and gave direction to include the phrase “without raising taxes” to clarify that there is no tax increase related to the November 2024 ballot measure.

ADJOURNMENT –The meeting adjourned at 7:41 p.m.

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APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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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
May 20, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:51 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Public Works Week – Proclamation - Matt Fabry, Public Works Director, received the proclamation.

2. Mental Health Month – Proclamation - Leticia Bido, San Mateo County Behavioral Health Commission and San Mateo County Mental Health Month Planning Committee; Dennis Zell, Peninsula Health Care District, Board Member; and Ana M. Pulido Pulido, Peninsula Health Care District, CEO, received the proclamation.

3. Older Americans Month – Proclamation – Ellen Wang, San Mateo Senior Citizens Commission Chair, accepted the proclamation.

CONSENT CALENDAR
The following items, 4 through 8 and 10 through 16, 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 City Clerk, the public was invited to comment and there were three speakers. Danielle Cwirko-Godycki, Vikash, and Jeff Lamont all spoke to item 9 and requested more clarity on which streets will be rehabilitated. 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 April 1, 2024 and April 15, 2024.

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.

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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.

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.

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.

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.

Enactment: Resolution No. 34 (2024)

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.

Enactment: Resolution No. 35 (2024)

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

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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.

Enactment: Resolution No. 36 (2024)

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.

END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR

9. Citywide Street Rehabilitation Package 6B – Agreement Council requested this item be removed to provide more clarity to the residents of San Mateo.

Matt Fabry, Public Works Director, stated that there is information on the City’s website regarding roadway improvements.

Motion to 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. Motion passed 5-0.

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

PUBLIC COMMENT
Michael Dylan expressed concern for capital improvements, specifically the Joinville Pool.

PUBLIC HEARING

17. General Plan Amendment to Adopt San Mateo's Revised 2023-2031 Housing Element Zachary Dahl, Interim Community Development Director; and Manira Sandhir, Planning Manager; gave the presentation.

Council recessed from 9:24 p.m. to 9:30 p.m.

Public Comment - Ali Sapirman, Tom Mahyew, and Jordan Grimes spoke in opposition to adoption of the proposed 2023-2031 Housing Element.

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Council asked questions of staff and made comments.

Motion to 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. Motion passed 5-0.

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

Enactment: Resolution No. 37 (2024)

OLD BUSINESS

18. Local Roadway Safety Plan – Adoption
Bethany Lopez, Senior Engineer, gave a presentation on the proposed Local Roadway Safety Plan.

Public Comment – there were no speakers.

Council asked questions and gave feedback on staff recommendations. Council gave comment on the revised Vision Statement.

Motion to Adopt a Resolution to adopt the Local Roadway Safety Plan. Motion passed 5-0.

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

Enactment: Resolution No. 38 (2024)

19. Council Member Compensation – Ordinance Adoption
Prasanna Rasiah, City Attorney, gave the presentation.

Public Comment – there were no speakers.

Motion to Adopt an Ordinance increasing compensation for City Council members from $600 per month to $1,200 per month, effective January 2025. Motion passed 4-1.

Moved: Hedges, Seconded: Loraine
Ayes: Newsom, Hedges, Lee, and Loraine
Noes: Diaz Nash

Enactment: Ordinance No. 2024-3

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

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ADJOURNMENT –The meeting adjourned at 10:56 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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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

June 3, 2024
City Hall Council Chambers 5:00 PM
Special Meeting
CALL TO ORDER at 5:00 p.m.

Roll Call

CLOSED SESSION
Following the opportunity for public comment, there were five speakers: Eric Morkve, Leon Bowles, Raul Perez, Steve, and Rico of SEIU 521 spoke on their statement of purpose. The City Council convened into Closed Session at 5:16 p.m. to consider:

1. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Yumi Maeda, Karen Huang, Abby Veeser and Stacey Cue.

Employee Organizations: Police Sergeants’ Association, San Mateo City Employees Association, SEIU Maintenance and SEIU Non-Merit Part-Time
Council reconvened at 6:10 p.m.

STUDY SESSION

2. General Plan and Housing Element Implementation Plans – Overview and Council Direction Zachary Dahl, Community Development Director, gave a presentation on the 32 implementation actions to start and complete in 2025 and requested feedback from Council on the implementation actions.

Public Comment: Karim Sarraf urged the city to adopt AB 1033 to help the city achieve its housing element goals.

Questions and comments from Council included: Where have we imbedded the need and opportunity to implement new state laws that will help streamline production? Interest was expressed in opting in to all pro- housing legislation. The council provided direction to proceed with the implementation plans as staff outlined, identify opportunities streamline implementation, where possible, and return to the council with regular updates.

ADJOURNMENT –The meeting adjourned at 6:58 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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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
June 3, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:06 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Pride Month – Proclamation - Craig Wiesner, County of San Mateo LGBTQIA+ Commission, received the proclamation.

2. Diversity. Equity, and Inclusion (DEI) Task Force – Recognition - Denise Garcia, Management Analyst, City Manager’s Office; James Moore, City Librarian; and Lisa Tealer received the proclamation.

CONSENT CALENDAR
The following items, 3 through 14, 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. Council Member Hedges commented on Item 10 thanking the City Manager for having the idea to do this. Mayor Diaz Nash commented on Items 4 and 8. Motion passed 5-0.

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

3. California Transportation Commission Local Streets and Roads – Project List Fiscal Year 2024-25 Adopt a Resolution to submit a list of projects proposed to be funded with the Road Repair and Rehabilitation Account, Senate Bill 1 funding, to the California Transportation Commission for Fiscal Year 2024-25.

Enactment: Resolution No. 39 (2024)

4. Fiscal Year 2024-25 General Obligation Bond – Tax Rate Levy Adopt a Resolution to levy the property tax rate of $0.0030 per $100 of assessed value, equating to $3.00 per $100,000 assessed value, for the voter-approved General Obligation Bond annual debt service payment.

Enactment: Resolution No. 40 (2024)

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5. Fleet Maintenance Services – Amendment
Approve Amendment No. 6 to the agreement with First Vehicle Services, Inc. for vehicle maintenance and repair services to extend the term through June 30, 2025 and increase the agreement by $1,119,903.23 for a new not-to- exceed total agreement amount of $8,083,421.04; establish a contingency reserve in the amount of $100,000.00; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

6. Domestic Violence Co-Response Advocate Program – Memorandum of Understanding Approve a Memorandum of Understanding with the County of San Mateo and City of Daly City for the Domestic Violence Co-Response Advocate program for a two-year term; and authorize the Chief of Police to execute the agreement in substantially the form presented.

7. B Street Pedestrian Mall Improvements Project – Agreement Approve an agreement with W.R. Forde Associates, Inc. for the B Street Pedestrian Mall Improvements Project in the amount of $534,866; establish a contingency reserve in the amount of $80,230; 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.

8. Downtown Business Improvement Area – Resolution of Intent for Annual Renewal Accept the fiscal year 2023-24 Downtown San Mateo Association Annual Report; adopt a Resolution of Intent to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2024-25; and set a public hearing for the June 17, 2024 City Council meeting for the annual levy.

Enactment: Resolution No. 41 (2024)

9. Columbia Drive/Crystal Springs Storm Drain Improvement – Amendment Approve Amendment No. 1 to the agreement with Freyer & Laureta, Inc. for design professional services for the Columbia Drive/Crystal Springs Storm Drain Improvement Project in the amount of $28,000, for a new total agreement amount of $136,400; extend the term of the agreement through October 1, 2025; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

10. Administrative Hearing Officer On-Call Services – Agreements Approve agreements with Civica Law, Nastich Law, and Michael Roush for on-call administrative hearing officer services for a period of five years in the amount of $300,000 for each agreement, for a total not-to-exceed amount of $900,000; and authorize the City Manager to execute each agreement in substantially the form presented.

11. Summer Camp Bus Transportation – Agreement
Approve an agreement for $109,730.80 with First Student Inc. to provide bus transportation services for City of San Mateo summer camps ; establish a contingency reserve of $10,973.00; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

12. 2024-2025 School Crossing Guards – Agreement
Approve an agreement with the San Mateo-Foster City School District for school crossing guards in the amount not to exceed $78,000.00 and authorize Chief of Police Ed Barberini to execute the agreement in substantially the form presented.

13. Community Development Permit Tracking Software – Amendment Approve an Amendment to the Agreement with Tyler Technologies, Inc. to add payment processing services to the EnerGov Permitting and Licensing software; increase the annual service/maintenance fee by $1,080, for an annual

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total amount not to exceed $90,758.63; and authorize the Community Development Department Director to execute the Amendment in substantially the form provided.

14. 390 1st Avenue – Lease Amendment
Approve the 2nd amendment to the lease between the City and Tong Sui, LLC, for the City owned property at 390 1st Avenue to assign the lease to Antoine Patisserie, LLC, dba Anton SV Pâtisserie, under the existing lease terms; authorize a security deposit amount of $1,253.76; and authorize the City Manager to execute the amendment in substantially the form presented.

PUBLIC COMMENT
Nicholas Imbody, Gary Welte, Ashley Snodgrass, Vivian Seto, Tracy Brummet, James Yang, Sang Hee Cho, Laura Richstone, Mauricio Gonzalez, and Somer Smith, all commented on the negotiations with the City of San Mateo. Lisa Tealer, Bay Area Community Health, thanked the City for sponsorship and soul stroll. Marcella McCollum would like to request for future planning to not schedule the Citywide garage sale the same weekend as the San Mateo County Pride Parade.

OLD BUSINESS

15. Citywide Complete Streets Plan – Update
Sue-Ellen Atkinson, Principal Transportation Planner, Public Works, provided an update on the San Mateo Citywide Complete Streets Plan and requested feedback from Council.

Council provided general feedback on the Complete Streets Plan and a majority provided direction for a Secondary Priority Area for El Camino Real.

Council recessed from 9:05 p.m. to 9:12 p.m.

PUBLIC HEARING

16. Fiscal Year 2024-25 Proposed Budget and 2024-29 Capital Improvement Program – Review Karen Huang, Finance Director, gave the presentation.

Council reviewed, questioned, and commented on the fiscal year 2024-25 proposed budget and the 2024-29 Capital Improvement Program and will conduct a public hearing prior to the scheduled adoption at the June 17, 2024 City Council meeting.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events. Council Member Loraine inquired whether staff intend to bring forward a discussion on unfunded pension liabilities. City Manager Khojikian clarified this may not be the appropriate time to discuss due to the financial forecasts, this request was withdrawn by Council Member Loraine.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, Council convened into Closed Session at 10:15 p.m. to consider:

17. Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Housing Action Coalition v. City of San Mateo, San Mateo Superior Court Case No.: 24-CIV-03126

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ADJOURNMENT –The meeting adjourned at 11:02 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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SUSTAINABILITY AND

INFRASTRUCTURE COMMISSION

APPOINTMENT SUBCOMMITTEE
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Adam Loraine

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

May 22, 2024
City Hall Conference Room B 6:30 PM
Special Meeting
CALL TO ORDER at 6:30 p.m.

Roll Call

Present: Mayor Diaz Nash, Deputy Mayor Newsom, and Council Member Loraine

NEW BUSINESS

1. Sustainability and Infrastructure Commissioner – Interviews The Appointment Subcommittee for the Sustainability and Infrastructure Commission, comprised of Mayor Lisa Diaz Nash, Deputy Mayor Rob Newsom Jr., and Council Member Adam Loraine, with Public Works Director Matt Fabry interviewed the following applicants to fill one vacant seat on the commission and to establish an eligibility list for a future vacancy: Patricia Garcia, Fernando Lorenzo, Edward “Rich” Kranz, Charles Hansen, Theodore McKinnon, and Sergio Zygmunt
Public Comment: there was no public comment.

Following the interviews, the appointment subcommittee deliberated. A consensus direction was provided to recommend to the City Council that Edward “Rich” Kranz be appointed to the vacancy and Theodore McKinnon and Sergio Zygmunt be placed on an eligibility list for a six-month period.

ADJOURNMENT –The meeting adjourned at 8:01 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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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
Senior Center
2645 Alameda de las Pulgas
San Mateo CA 94403
www.cityofsanmateo.org

May 30, 2024
San Mateo Senior Center 9:00 AM
Special Meeting
CALL TO ORDER at 9:00 a.m.

Roll Call

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

PUBLIC COMMENT
Dave Cohen, Ethics San Mateo, spoke in support of the need for this Council Governance Workshop and a code of conduct and ethics standards that are clear, enforceable and contain consequences for violations.

STUDY SESSION

1. City Council Governance Workshop
Jan Perkins and Susan Healy Keen of Raftelis facilitated a City Council Governance workshop with the purpose of creating a consensus on a Code of Conduct to be brought before the City Council for adoption at a future regular city council meeting.

City Manager Khojikian spoke on the need for respect, civility, and decorum and importance of serving the community of San Mateo. Jan Perkins provided a summary of Best Governance Practices as identified by the Institute for Local Government. The council provided direction on a Code of Conduct for future adoption. The council also directed that staff coordinate a future check-in on the effectiveness of this new Code of Conduct in early 2025.

ADJOURNMENT –The meeting adjourned at 1:05 p.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: 10-4679 File ID: 24-8826 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Columbia/Crystal Springs Storm Drain Improvements – Agreement RECOMMENDATION:

Approve an agreement with W. R. Forde Associates, Inc. for the Columbia/Crystal Springs Storm Drain Improvements in the amount of $728,654; establish a contingency reserve in the amount of $146,000; 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.

BACKGROUND:

The Columbia/Crystal Springs Storm Drain Improvements Project (Project) is intended to address ongoing storm drainage and flooding issues within a Public Utilities Easement (PUE) between Columbia Drive and Crystal Springs Road. The Project will replace an existing earthen ditch with a new piped stormwater collection system to address ongoing flooding issues.

The project is challenging given the PUE is on a steep slope between residential properties. The engineer's estimate is $610,000.

The Project was advertised on April 24, 2024, and a single bid was received and opened on May 22, 2024. The bid was submitted by W. R. Forde Associates, Inc. for a total price of $728,654. Staff reviewed the bid and determined that W. R.

Forde Associates, Inc. is the sole responsive, responsible bidder, and recommends it be awarded the Agreement.

There is a high likelihood that unforeseen issues will arise during construction due to the steep terrain, challenging access, and significant restoration of private property in and adjacent to the public utility easement. Accordingly, staff recommends a 20% contingency be established given the high possibility of significant unforeseen issues arising.

BUDGET IMPACT:

There are sufficient funds in the Columbia/Crystal Springs Storm Drain Improvements Project (#468007) to fund this work in the amount of $728,654 and to establish a contingency reserve of $146,000 for a total of $874,654.

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.

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CITY OF SAN MATEO

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
James Yang, Associate Engineer
[email protected]
522-7575
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315

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Construction Contract Page 1 of 9
Rev 1/24
AGREEMENT WITH W. R. Forde Associates, Inc.

FOR PUBLIC IMPROVEMENT
FOR

COLUMBIA/CRYSTAL SPRINGS STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 468007
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and W. R. Forde Associates, Inc., a corporation, with offices at 984 Hensley Street, Richmond, CA 94801 (hereinafter called "Contractor"), entered into this day of ____________________.

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

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:

COLUMBIA/CRYSTAL SPRINGS STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 468007

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of seven hundred twenty eight thousand six hundred fifty-four dollars ($728,654) in full payment for the work set forth above.

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

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions, Revised Standard Specifications dated April 16, 2021, and Contract Drawings, the State of California Standard Specifications 2018 Edition, the State of California Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

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All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

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

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

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

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

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

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the

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general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

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

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

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

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

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

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

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

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

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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.

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

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

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

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

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

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

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

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

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

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

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

CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Donald J. Russell
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

CITY OF SAN MATEO
Attachments:

Exhibit A: Insurance Requirements

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

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

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

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

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

4.Surety Bonds as described below.

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

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

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

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

1.The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection

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with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

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

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

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

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

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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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: 72-4671 File ID: 24-8828 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

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

Approve Amendment No. 3 to the professional services agreement with Smith Emery San Francisco to provide as-needed construction special inspection services for various Clean Water Program projects; increase the compensation for the agreement by $500,000, for a revised total agreement amount of $3,100,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

BACKGROUND:

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

On February 22, 2022, the City Council approved a two-year professional services agreement with Smith Emery San Francisco (Smith Emery) to provide as-needed construction special inspection services for various projects under the CWP in an amount not to exceed $1,500,000, with three one-year options to extend the contract at the City’s discretion. On August 21, 2023, the City Council approved Amendment No. 1 to increase the compensation by $850,000 to $2,350,000.

On February 27, 2024, the Public Works Director approved Amendment No. 2 in accordance with the original agreement to increase the compensation amount by $250,000 to $2,600,000 and extend the contract by one year to February 28, 2025.

During the past year, construction special inspection services for the Wastewater Treatment Plant Upgrade and Expansion project exceeded staff’s projections for the services required for inspecting the installation of process piping and welding of piping. In addition, the construction work is taking longer than originally projected due to changes in the field as well as the installation taking longer than anticipated. Smith Emery’s services are also required for other CWP projects in and entering construction. Smith Emery has been performing these construction special inspection services satisfactorily for the City.

In order to complete the remaining inspections for the CWP projects, additional special inspection services from Smith Emery are required. The proposed Amendment No. 3 to the agreement with Smith Emery will add $500,000 to the agreement and bring the total agreement to $3,100,000. Staff believes this to be a reasonable budget increase for the scope of work and expertise required and recommends the approval of Amendment No. 3 to the agreement with Smith Emery.

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CITY OF SAN MATEO
BUDGET IMPACT:

There are sufficient funds budgeted in the various CWP projects requiring these services to fund this amendment.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 3

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
650-522-7280
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287

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0 AMENDMENT NO. 3 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND SMITH EMERY SAN FRANCISCO

FOR CONSTRUCTION SPECIAL INSPECTION SERVICES FOR THE CLEAN WATER PROGRAM ($1,500,000 [Original Amount], $850,000 [Amendment No. 1], $250,000 [Amendment No. 2], $500,000 [Amendment No. 3])
This Amendment is 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 Smith Emery San Francisco (“CONSULTANT”).

WHEREAS, CITY and CONSULTANT entered into an Agreement for professional services (“Agreement”) on April 18, 2022; and
WHEREAS, on August 28, 2023, Amendment No. 1 was executed, which increased the compensation by $850,000, for a new total Agreement amount of $2,350,000; and WHEREAS, on February 27, 2024, Amendment No. 2 was executed, which increased the compensation by $250,000, for a new total Agreement amount of $2,600,000, and extended the agreement term to February 28, 2025; and
WHEREAS, CITY and CONSULTANT, wish to amend the Agreement to increase the total compensation amount by $500,000, for a new total Agreement amount of $3,100,000.

NOW, THEREFORE, the parties agree as follows:

1. The first paragraph of Section 8 – “Payment” of the Agreement is amended as follows:
“Payment shall be made by the 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 performances, of services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $3,100,000 without prior written authorization. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit C.”

2. Exhibit C “Cost Schedule” of the Agreement is amended as follows:
“The cost for the based contract shall be on a time and materials basis in accordance with the attached Schedule of Fees and Services for a cost not to exceed $3,100,000.00 (three million, one hundred thousand dollars). Three (3) one-year options shall be on a time and material basis not to exceed $250,000.00 (two hundred fifty thousand dollars per year per option). Options to be issued at the discretion of the City. Two of the three, one-year options for continuing these services at the discretion of the City remain.”

3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGES ON THE FOLLOWING PAGE]

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0 IN WITNESS WHEREOF, CITY OF SAN MATEO and SMITH EMERY SAN FRANCISCO have executed this Amendment No. 3 on ___________________

CITY OF SAN MATEO CONSULTANT Smith Emery San Francisco
__________________________ _________________________________ Matthew Fabry Date By its Authorized Agent Date Public Works Director James E. Partridge
President
APPROVED AS TO FORM:
__________________________
Linh P. Nguyen Date
Assistant City Attorney

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8829 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Citywide Street Rehabilitation Package 5-B - Agreement
RECOMMENDATION:

Approve an agreement with G. Bortolotto & Company, Inc. for Citywide Street Rehabilitation Package 5-B Project in the amount of $4,314,516.30; establish a contingency reserve in the amount of $648,000.00; 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.

BACKGROUND:

The Citywide Street Rehabilitation Package 5-B Project (Project) is part of the Public Works Pavement Management Program (Program). The Project will repair approximately 2.8 miles of streets across 16 locations with an Engineer’s Estimate for the Project of $4,260,000. Project locations are shown in the attached Location Map (Attachment 2).

The project was advertised on April 8, 2024, and a total of five (5) bids were received and opened on May 7, 2024. The bids received are listed below in order of increasing bid amount.

Contractor Grand Total Bid Amount
G. Bortolotto & Company $4,314,516.30
Interstate Grading & Paving $4,972,661.00
McGuire and Hester $5,490,453.00
Ghilotti Bros $5,609,638.00
DeSilva Gates Construction $5,666,666.00

After review of bid documents, staff determined that G. Bortolotto & Company, Inc. is the lowest responsive, responsible bidder. Therefore, staff recommends G. Bortolotto & Company, Inc. be awarded this construction agreement. Staff also recommends a 15% contingency to be established given the uncertainty of the stability of underlying soils on these streets.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Program (469997) project budget to award this work in the amount of $4,314,516.30 and the contingency reserve of $648,000.00 for a total of $4,962,516.30.

ENVIRONMENTAL DETERMINATION:

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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

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
(650) 522-7315
Sydney Chow, Associate Engineer
[email protected]
(650) 522-7331

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AGREEMENT WITH G. BORTOLOTTO & COMPANY, INC.

FOR PUBLIC IMPROVEMENT
FOR
CITYWIDE STREET REHABILITATION PACKAGE 5-B PROJECT
CITY PROJECT NO. 467009-0005
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and G. BORTOLOTTO & COMPANY, INC., a corporation, with offices at 582 Bragato Road, San Carlos, CA 94070 (hereinafter called "Contractor"), entered into this day of ____________________.

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:

CITYWIDE STREET REHABLITATION PACKAGE 5-B PROJECT
CITY PROJECT NO. 467009-0005

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of four million three hundred fourteen thousand five hundred sixteen dollars and thirty cents ($4,314,516.30) in full payment for the work set forth above.

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

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

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employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

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

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

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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.

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

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

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

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IN WITNESS WHEREOF, CITY OF SAN MATEO and G. BORTOLOTTO & COMPANY, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Robert Bortolotto
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

CITY OF SAN MATEO
Attachments:

Exhibit A: Insurance Requirements

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

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

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

4.Surety Bonds as described below.

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

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of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

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

Verification of Coverage

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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Attachment 2

CITYWIDE STREET REHABILITATION PACKAGE 5-B: LOCATION MAP

Locations:
1A - E. 4th AVENUE - S. ELLSWORTH AVENUE TO N. B STREET 1B - E. 4th AVENUE - S. DELWARE STREET TO S. FREMONT STREET 2 - 10th AVENUE - S. IDAHO STREET TO S. AMPHLETT BOULEVARD 3 - 41st AVENUE - HACIENDA STREET TO BAYVIEW AVENUE
4 - ALLEY 9 - PALM PLACE TO END
5 - DARCY COURT - DARCY AVENUE TO END
6 - ELEANOR DRIVE - EDNA WAY TO JOANNE DRIVE
7 - GRAND BOULEVARD - WOODSIDE WAY TO N. CLAREMONT STREET 8 - S. GRANT STREET - E. 16TH AVENUE TO CONCAR DRIVE
9 - S. IDAHO STREET - 9TH AVENUE TO 10TH AVENUE

10 - NEWBRIDGE AVENUE - S. BAYSHORE BOULEVARD TO S. NORFOLK STREET
11A - S. NORFOLK STREET - DAKOTA AVENUE TO DALE AVENUE
11B- S. NORFOLK STREET - KEHOE AVENUE TO LODI AVENUE
12 - OTAY AVENUE - PACIFIC BOULEVARD TO CURTISS STREET
13 - W. POPLAR AVENUE - HURLINGHAM AVENUE TO N. EL CAMINO REAL
14 - S. RAILROAD AVENUE - E. 5TH AVENUE TO 9TH AVENUE
15 - SERRA COURT - N. IDAHO STREET TO END
16 - THOMAS COURT - N. IDAHO STREET TO END

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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: 24-8834 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Citywide Street Reconstruction Phase 4 – Contingency Increase RECOMMENDATION:

Approve a contingency reserve increase in the amount of $2,500,000 for the construction agreement with McGuire and Hester for the Citywide Street Reconstruction Phase 4 Project, for a total revised contingency reserve of $3,130,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The Citywide Street Reconstruction Phase 4 (Project) is part of the Public Works Smooth Streets Program (Program) and funded under the Capital Improvement Program Citywide Street Reconstruction Package 3 project. The Project will reconstruct 3.2 miles of failed streets across 19 locations citywide. City Council approved a construction agreement for the Project to McGuire and Hester on June 5, 2023, in the amount of $6,259,358, and authorized a contingency reserve of $630,000. The contingency reserve was established and utilized to address and mitigate unknowns that arose during construction and was approximately 10% of the agreement value.

Construction began in Summer 2024, and McGuire and Hester has since completed reconstruction of seven of the 19 street segments. These seven street segments were reconstructed via the traditional reconstruction method, which typically consists of a deep asphalt grind and overlay with isolated base failure repairs. Ten of the remaining twelve street segments are to be reconstructed using “Full Depth Reclamation” (FDR) methodologies due to the significant amount of soft soil and bay mud underlaying the road sections.

FDR pulverizes asphalt and aggregate base material and mixes it with cement and/or lime to stabilize soft soils and allow for paving. FDR requires any conflicting utility mains (streetlight, gas, water, sewer) and service laterals be lowered to provide enough clearance for pulverizing/mixing equipment. Construction was suspended in November 2023 due to winter weather and will remain on suspension until lowering of utility mains and service laterals is complete. The City’s streetlight conduits and Cal Water’s water services have all been lowered. The City is waiting for PG&E to complete lowering of the gas laterals, which is anticipated by December 2024. As PG&E will not finish its work prior to the upcoming winter storm season, Project construction will not resume until April 2025 after the winter storms.

In order to complete the Project, additional funds are required to be added to the construction agreement with McGuire and Hester as the additional cost for the following changes far exceed the available contingency reserve:
•Corrective Action Plan to Utilize FDR: Two streets, 30th Avenue (between Fernwood Street and Monterey Street) and Lansdale Street (between 30th Avenue and 31st Avenue), were originally planned to be reconstructed via traditional reconstruction methods but once construction began on 30th Avenue, the subgrade failed throughout the street segment. City staff stopped the operation until a corrective action plan was developed. As Lansdale

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Street has similar subgrade instabilities and is adjacent to 30th Avenue, staff decided to utilize FDR there as well.

Staff, in coordination with McGuire and Hester and the Project’s design consultant, NCE, developed a corrective action plan to utilize FDR methodologies to complete the reconstruction of 30th Avenue and Lansdale Street. •Change in FDR Design: The FDR process includes mixing a lime and/or cement powder(s) into the existing asphalt and aggregate road section. The addition of lime hardens the mixture and gives the FDR section strength. The thickness of the FDR section can range from 8 -18 inches deep. The original FDR design included use of cement powder only within an 8-inch FDR section. Due to lessons learned on both the Phase 3 Project and the already- completed road segments of Phase 4, the revised FDR design includes both cement and lime powders and an increased FDR thickness of 15 inches on some segments and 18 inches on others.

To date, approximately $188,000 of the original $630,000 contingency reserve has been used to issue negotiated change orders. A summary of the executed contract change orders is included in Attachment 1. To mitigate risks associated with potential delays, streamline procurements, and to provide flexibility for staff to negotiate and execute contract change orders in a timely manner, staff recommends increasing the contingency reserve by $2,500,000, for a new total of $3,130,000 to address the anticipated change order(s) necessary to complete the project.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Reconstruction Package 3 (467773) project budget to fund this contingency increase. The initial authorized agreement with McGuire and Hester for construction was in the amount of $6,259,358. The original contingency reserve established was $630,000 and this request increases the contingency by $2,500,000 to a total of $3,130,000. This increase brings the potential total contract cost to $9,389,358.

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 - Contract Change Order Summary

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

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CCO # Execution
Date
CCO Amount (Paid w/
Contingency Reserve) Details of Change
1 12/11/2023 $0.00
Perform additional streetlight conduit lowering on Hemlock Avenue, Dakota Street, and Rysder Street that were not shown on the plans. The work for this no-cost CCO was tracked on a T&M basis and paid under the Electrical Allowance in the original contract. 2 12/11/2023 $9,760.59 Perform potholing and install streetlight conduit via open trench through unforeseen existing concrete utility caps.
3 12/14/2023 $0.00
Test, offhaul, and dispose of Class 2 soil (bay mud) from Grant Place and Vanessa Drive. The work for this no-cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract.
4 12/14/2023 $0.00 Install concrete caps over shallow utilities on Grant Place. The work for this no-cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract. 5 12/14/2023 $0.00
Resample and prepare new FDR mix designs to include both lime and cement powders. The work for this no-cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract.
6 1/16/2024 $0.00 Perform 2" asphalt overlay over base repairs on Grant Place. The work for this no-cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract. 7 1/16/2024 $0.00
Perform base failure repair at intersection of 30th Avenue and Lansdale Street. The work for this no- cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract.
8 1/16/2024 $0.00
Perform potholing on 30th Avenue and Lansdale Street to determine utility depths for proposed FDR section. The work for this no-cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract.
9 1/19/2024 $8,740.05 Pave water lateral trenches with permanent asphalt due to road reconstruction delays. 10 3/15/2024 $168,727.84 Attempt to perform grind and overlay and base failure repairs along 30th Avenue. 11 4/4/2024 $0.00
Perform base repair, grind, and asphalt overlay on Grant Place, Vanessa Drive, Jody Court, and Harvard Road. While this work was part of the original scope of work, unforeseen field conditions (soft soils) created numerous field changes by City Staff as the work was taking place. As the scope of work continued to change and varied from the original scope, it was decided to track all work on a time and material basis.
12 5/22/2024 $0.00
Resample and prepare new FDR mix designs for increased thickness. The work for this no-cost CCO was tracked on a T&M basis and paid under the Unstable Subgrade Allowance in the original contract.

TOTAL $187,228.48
Att 1 - Citywide Street Reconstruction Phase 4 - McGuire and Hester - Contract Change Order Summary (as of 05/30/2024)

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8839 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Lakeshore Park Restroom Remodel – Budget Transfer and Construction Contract RECOMMENDATION:

BACKGROUND:

The Lakeshore Park public restrooms are due for remodeling. Renovations are needed to replace old infrastructure and upgrade the facilities to comply with current accessibility standards required by the Americans with Disabilities Act (ADA).

In 2016, the Public Works Facilities Division and the Parks and Recreation Department assessed the restrooms and developed a long-term plan for remodeling based on greatest need and available funding. Park restrooms included in Phases I, II, III, IV, and V (Beresford and Los Prados, Martin Luther King, Bayside, Parkside, Indian Springs, Casanova, and Shoreview) were remodeled during 2016-2024. The park restrooms at Lakeshore are included in Phase V.

The construction drawings for the renovation of the Lakeshore Park restrooms were developed by Public Works in coordination with the Parks and Recreation Department. The scope of work includes improving accessible site features, new fixtures, flooring, wall finishes, lighting, and painting. The City’s Building Division approved the construction drawings for a building permit, which was used as the basis for development of a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on call" contracting program that is procured through one umbrella or framework contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

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

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

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

The request for 15% contingency is above the typical 10% and is based on experiences with previous park restroom remodels such as unstable soils, foundation movement, unforeseen non-compliant code conditions, underground utility conflicts and vandalism during the construction period. Similar conditions are expected at this location during construction.

Based on the above, staff recommends award of the contract to Angeles Contractor, Inc. because of their experience and availability to perform these construction services. With contract approval, construction will begin in August 2024.

BUDGET IMPACT:

Sufficient funds are not available in the Park Restroom Phase V Project (46F015) to fund the agreement with Angeles Contractor, Inc. The proposed resolution would authorize a transfer of Measure S funding in the Capital Projects Fund in the amount of $105,000 from the Restroom Refurbishment Phase IV Project (46F002) to the Park Restroom Phase V Project (46F015). With this budget transfer, there will be sufficient funding available in the Park Restroom Phase V Project (46F015) to award this agreement.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Contract

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

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3 CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

AUTHORIZING A BUDGET TRANSFER IN THE CAPITAL PROJECTS FUND OF $105,000 FROM THE PHASE IV

PARK RESTROOM REMODEL PROJECT TO THE PHASE V PARK RESTROOM REMODEL PROJECT AND

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO ANGELES CONTRACTOR, INC. FOR THE LAKESHORE PARK RESTROOM REMODEL WHEREAS, the City Council recognizes the need to remodel the restrooms at Lakeshore Park to meet the public health and safety needs of the City of San Mateo and dedicated funding for the Phase V Park Restroom Remodel Project (46F015) in the Fiscal Year 2024-2025 Adopted Budget; and WHEREAS, additional funding for the Park Restroom Phase V Project (46F015) is required because it currently does not have enough remaining available budget to cover the estimated $495,331.23 funding to award the construction contract to improve the restrooms at Lakeshore Park and establish a contingency reserve of $75,000; and
WHEREAS, the Restroom Refurbishment Phase IV Project (46F002) was established to remodel other City park restrooms to improve public health and safety needs and $105,000 is available in the project budget to be transferred to satisfy the additional funding needs; and WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, Sourcewell (formerly known as NJPA) has conducted competitive bidding processes to select Gordian, Inc. (Gordian) to implement Job Order Contracting on behalf of their member agencies; and WHEREAS, the Job Order Contracting process allows for an umbrella construction contract to cover various and separate job orders during the life of the contract, and is beneficial for renovation, remodeling, or alterations where many small project tasks will arise, but the timing, type, and quantity of work are unknown; and
WHEREAS, Sourcewell and Gordian have conducted competitive bidding to select contractors to perform Job Order Contracting based on Gordian’s Unit Price Book; and WHEREAS, unit price books provide fixed unit prices used for establishing budgets for contractor services at member agencies; and
WHEREAS, use of Gordian’s Unit Price Book and contract provides a competitive price to the City and allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications or solicit bids for each minor project task; and WHEREAS, the City approved the Job Order Contracting as a competitive procurement method for construction services by resolution on March 18, 2019 upon findings that the Job Order Contracting process with Gordian is in the best interests of the City; and

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

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

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

2. A transfer of Measure S funding in the Capital Project Fund totaling $105,000 from the Restroom Refurbishment Phase IV Project (46F002) to the Park Restroom Phase V Project (46F015) is authorized.

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

4. A construction contract is approved in the amount of $495,331.23 to Angeles Contractor, Inc. for the Lakeshore Park Restroom Remodel.

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

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

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4 CONTRACT FOR CONSTRUCTION
This Contract is by and between.

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

ARTICLE 1 - THE WORK

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

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

The Project is generally described as follows:

1.Lakeshore Park Restroom Remodel which includes site barriers; demolition and disposal; framing; plumbing; electrical; mechanical; new fixtures; new accessories; wall tile; flooring; painting; inspection; testing and closeout.

2. The Site of the Work includes designated work areas described in greater detail in the Contract Documents but generally located at 1500 Marina Court, San Mateo, CA 94403.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

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

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

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

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

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

B. Intent of Certain Terms or Adjectives:

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

C. Day:

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

D. Defective:

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

E. Furnish, Install, Perform, Provide:

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

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

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

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

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

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

1. This Contract.

2. Performance bond.

3. Payment bond.

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

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

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

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

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

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4 ARTICLE 3 - CONTRACT DOCUMENTS

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

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

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

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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

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

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4 B. Resolving Discrepancies:

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

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

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

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4 ARTICLE 4 - CONTRACT TIMES

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

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

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

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

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

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

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

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

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $495,331.23 for all Work.

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

ARTICLE 6 - BONDS AND INSURANCE

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

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

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

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H. Shop drawings are not Contract Documents.

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

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

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

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

ARTICLE 8 - OWNER’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

ARTICLE 9 - RPR’S STATUS DURING CONSTRUCTION

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

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

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

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

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

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

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

ARTICLE 10 - CHANGES IN THE WORK

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

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

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

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

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

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

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

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

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

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

1. Review the subsurface or physical condition in question;

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

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

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

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

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

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

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

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

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

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

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

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

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

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

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

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

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

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

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

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

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

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

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

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

ARTICLE 14 - PAYMENTS TO CONTRACTOR

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

14.02 Applications for Payments:

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

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

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

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

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

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

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

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

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

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

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

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4 14.07 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete, RPR will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

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

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

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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

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

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

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

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

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

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

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

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

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

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

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

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

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

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

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

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

ARTICLE 17 - MISCELLANEOUS

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

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

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4 17.03 No Waiver
A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

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

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

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

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

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

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

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

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4 17.11 Warranty
A. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity,, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.

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

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

OWNER: CONTRACTOR:

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

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney

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EXHIBIT A

SCOPE OF WORK

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EXHIBIT B

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

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

18.02 Coverage shall be at least as broad as:

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

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

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

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

E.Surety Bonds as described below.

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

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

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

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

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

ARTICLE 19 - OTHER INSURANCE PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.08 Surety Bonds.

A. Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

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

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

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19.09 Special Risks or Circumstances.

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

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8842 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Public Works Facilities Program Manager - Professional Services Agreement RECOMMENDATION:

Approve an agreement to ArcPath Project Delivery, Inc. to provide professional program management services to the Public Works Facilities Division for Fiscal Year 2024-25 in the amount of $150,000; and authorize the Public Works Director to execute the contract in substantially the form presented.

BACKGROUND:

Public Works staff requires the services of a professional program manager to assist the Public Works Facilities Division with the delivery of Capital Improvement and Maintenance projects. Currently, the division has only one Project Manager and forty-six active projects in various phases of development, design, permitting, and construction. There is an immediate need for a program manager that can provide services ranging from developing charters, procuring consultants and contractors, and coordinating construction and architectural consultation.

Staff solicited proposals for program manager support services and received three proposals with the following results:

ArcPath Project Delivery, Inc: $150,000
SET Consulting: $165,000
AECOM: $214,000
After reviewing the proposals, staff recommends awarding an agreement to ArcPath Project Delivery, Inc. (ArcPath).

ArcPath’s proposal addresses the City’s needs at a reasonable cost, its business model is focused solely on delivering projects for municipalities and districts, and ArcPath has previously provided satisfactory program management support services for the Facilities division.

BUDGET IMPACT:

There is sufficient funding budgeted in the various Capital Improvement Program projects requiring these services to fund this agreement.

ENVIRONMENTAL DETERMINATION:

This City Council action is exempt from CEQA under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the approval of an agreement for professional project management services may have a significant effect on the environment. (CEQA Guidelines Section 15061.)

NOTICE PROVIDED
All meeting noticing requirements were met.

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CITY OF SAN MATEO
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ATTACHMENTS
Att 1 - Agreement

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

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2 AGREEMENT WITH ARCPATH PROJECT DELIVERY, INC.

FOR PROFESSIONAL CONSULTATION SERVICES
FOR

PROGRAM MANAGEMENT PROFESSIONAL SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and ARCPATH PROJECT DELIVERY, INC., a Corporation, (“CONSULTANT”), whose address is 580 Second Street, Suite 260, Oakland, CA 94607.

RECITALS:

A. CITY desires certain program management consulting services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

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

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $150,000, pursuant to rates specified in Exhibit B.

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

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

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

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

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

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

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

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

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

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

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

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

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

To CITY: Steve Wu, Project Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: ArcPath Project Delivery, Inc.

Attn: Fred Ponce, Principal
580 Second Street, Suite 260
Oakland, CA 94607
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.

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2 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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2 IN WITNESS WHEREOF, CITY OF SAN MATEO and ARCPATH PROJECT DELIVERY, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Date Fred Ponce
Principal
Date
Attachments:

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

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SCOPE OF SERVICES

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FEE SCHEDULE

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2 EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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2 Notice of Cancellation
The contractor shall immediately notify the City when it has notice or receives notification that any insurance coverage is subject to cancellation, or is in fact cancelled, lapsed, or otherwise unavailable.

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

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

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

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

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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8843 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

King Recreation Center - New Fire Alarm System – Change Order RECOMMENDATION:

Approve Contract Change Order No. 2 to the construction contract with Newton Construction & Management, Inc. in the amount of $173,353.48, to install a new roof top unit at the King Recreation Center, increasing the total contract amount to $405,762.74; and authorize the Public Works Director to execute the change order in substantially the form presented.

BACKGROUND:

The Martin Luther King Jr. (MLK) Recreation Center is located in the North Central neighborhood in San Mateo and is home to many youth activities including the Police Activities League, drop-in basketball, several dance and fitness classes, and a swimming pool. The building was constructed in 1968 and has a wet sprinkler fire suppression system and an existing security alarm system but is currently not monitored by a Fire Alarm Control Panel (FACP).

In November 2023, the City awarded a construction contract in the amount of $182,702.25 to Newton Construction & Management, Inc. (Newton) to install the fire alarm system. Production of the design documents began in December and a permit application was submitted to San Mateo Consolidated Fire (SMC) in January. In April 2024, SMC issued a permit and staff issued CCO #1 to address additional costs related to hazardous material removal related to the fire alarm installation in the amount of $49,707.01, increasing the total contract amount to $232,409.26.

In mid-May 2024, it was discovered that the existing roof top unit (RTU) above the gymnasium that provides necessary air changes within the space as required by the California Building Code was not functional, creating occupancy concerns and inability to pass the fire alarm inspection. Further investigation revealed that the unit could not be repaired due to its age.

Therefore, a new unit is required to be purchased, installed, connected to the fire alarm system, and pass inspection to be compliant with the current code and for the fire alarm system project to be complete. In the interim, to maintain normal operations, Parks staff have deployed large fans to keep the gymnasium properly ventilated.

The scope of these additional services was beyond the original contract scope and contingency but were necessary to immediately be implemented due to the potential health risks. As a result, the exception to comply with typical purchasing policies per Municipal Code Section 3.60.050(a) where any emergency exists affecting or threatening to affect the public health, safety, or welfare, was utilized to direct and perform the work. The RTU has been ordered and is scheduled to be installed by the end of July 2024. Contract Change Order No. 2, in an amount not to exceed $173,353.48, covers the cost for Newton Construction and Management to procure and install the new RTU and staff recommends Council approval.

BUDGET IMPACT:

There is sufficient funding available in the Citywide Fire Alarm System Upgrade (460057) project to issue this change order.

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ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Contract Change Order No. 2

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

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C:\inetpub\wwwroot\multitenant\temp\Att 1 - Contract Change Order No.pdf

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER #2
PROJECT: King Fire Alarm
TO: Newton Construction and Management, Inc.
2436 Broad Street
San Luis Obispo, CA 93401
CONTRACT CHANGE ORDER NO. 2 Page 1 of 1
PO/SCON No. 0000892 Date 7/15/2024
Fund 590
Cost Center Facilities
Spend Category Other Contractual Services
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

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

On November 20, 2023, City Council awarded a construction contract to Newton Construction, Inc. to install a Fire Alarm System at the King Recreation Center in the amount of $182,702.25. In May 2024, Change Order No. 1 was issued in the amount of $49,707.01. This Change Order No. 2 is for additional items not included in the base bid, as follows:

1. Additional Fire Alarm Equipment $14,900.00

2. Mechanical Equipment $71,503.00

3. Labor to install roof top unit (RTU) $86,950.48
Total cost of change not to exceed: $173,353.48
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

By reason of this proposed change, 0 days extension of time will be allowed.

Date Accepted:

Contractor (Newton Construction and Management, Inc.)
By:

Title:

DISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File

STATEMENT OF ACCOUNT
Original Contract Price $182,702.25
Previous Change Orders $49,707.01
Total to date $232,409.26
This Change Order $173,353.48
Revised Contract Price $405,762.74
Date Approved:

By:

Matt Fabry, Public Works Director
NOTE: This change order is not effective until approved by the Public Works Director.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8844 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Beresford Recreation Center Accessible Entrance – Construction Contract RECOMMENDATION:

Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $796,199.73 to construct the Beresford Recreation Center ADA Entry Project; establish a contingency reserve in the amount of $50,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Beresford Recreation Center (Recreation Center) has been operational for over fifty years. The center hosts seasonal camps, preschool and afterschool activities, and children’s and adult programs, and consists of a conference room, activity rooms, an assembly room, and dance studios. Access to the Recreation Center was originally designed to fit the code requirements circa 1968. Since then, the codes have changed regarding accessibility and a Capital Improvement Project budget was established to modify the path of travel from the public right-of-way to the building entrance to meet the current Americans with Disabilities (ADA) standards. The Beresford Recreation Center ADA Entry Project (Project) include the design of a new accessible ramp and associated stairs connecting the main parking lot to the front entrance of the Recreation Center on Alameda de las Pulgas.

The construction drawings for the Project were developed by a consultant team of landscape architects, civil engineers and structural engineers. The scope of work includes improving accessible site features, grading, and lighting. The City’s Building Division approved the construction drawings for a building permit, which was used as the basis for development of a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on call" contracting program that is procured through one umbrella or framework contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

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

In this case, a multi-step process was used to select Angeles Contractor, Inc. to perform the work, subject to Council

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approval. First, Sourcewell (formerly known as the National Joint Powers Alliance or NJPA) conducted a competitive proposal process to select The Gordian Group, Inc. (Gordian) to implement JOC on behalf of Sourcewell member agencies.

Based on the above, staff recommends Council adopt a Resolution authorizing an alternative purchasing procedure to award a contract to Angeles Contractor, Inc. to construct the Project because of their experience and availability to perform these construction services. With contract approval, construction is anticipated to begin in August 2024.

BUDGET IMPACT:

There is sufficient funding available in the ADA Compliance Entry - Beresford Project (460058) project to award this agreement.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Contract

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

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3 CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

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

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

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

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

3. A construction contract is approved in the amount of $796,199.73 to Angeles Contractor, Inc. for the Beresford ADA Entry project.

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

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4 CONTRACT FOR CONSTRUCTION
This Contract is by and between.

ARTICLE 1 - THE WORK

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

The Project is generally described as follows:

1.Beresford ADA Entry project which includes demolition and disposal; grading; site improvements; inspection; testing and closeout.

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

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

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

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

B. Intent of Certain Terms or Adjectives:

C. Day:

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

D. Defective:

E. Furnish, Install, Perform, Provide:

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

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

1. This Contract.

2. Performance bond.

3. Payment bond.

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

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

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

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

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

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4 ARTICLE 3 - CONTRACT DOCUMENTS

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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4 B. Resolving Discrepancies:

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4 ARTICLE 4 - CONTRACT TIMES

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

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $796,199.73 for all Work.

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

ARTICLE 6 - BONDS AND INSURANCE

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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San Mateo City CouncilJuly 15, 2024

San Mateo City Council
July 15, 2024