Agenda packet, regular meeting — San Mateo City Council, August 19, 2024

CITY OF SAN MATEO
City Council Regular Meeting
August 19, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

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

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

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.

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

To join via Zoom – click here: August 19, 2024
To join via telephone: (408) 638-0968
Webinar ID: 854 2538 3708 Passcode: 626417
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.

Item #28 was added to the amended agenda on Friday, August 16, 2024

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. San Mateo American Little League 12U - Recognition

2. Peninsula Clean Energy Update - Presentation

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

3. State Route 82/State Route 92 Interchange Landscaping Improvements Project – Agreement Approve an agreement with Marina Landscape, Inc. for the State Route 82/State Route 92 Interchange Landscaping Improvements Project in the amount of $1,650,150; establish a contingency reserve in the amount of $250,000; 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: The landscaping scope of work received environmental clearance when the project level initial study and negative declaration for the 82/92 Interchange Project was approved in May 2014. Environmental clearance for the Landscaping Project has been re-validated by Caltrans on September 2, 2021.

4. Central Recreation Center Roof Improvements – Agreement 1 of 407
Adopt a Resolution approving an alternative purchasing procedure to award an agreement with McGinnis Chen Associates, Inc. for design professional services in an amount not to exceed $93,025; establish a contingency reserve of $10,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments 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.)

5. 1001 Haddon Drive Ponding Repair – Agreement
Approve an agreement with W.R. Forde Associates, Inc. for 1001 Haddon Drive Ponding Repair Project in the amount of $163,415.00; establish a contingency reserve in the amount of $24,500; 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 amount of the contingency amount.

6. 731 and 771 Crystal Springs Road Access Easements – Acceptance Adopt Resolutions to accept two Grants of Easement on 731 Crystal Springs Road and 771 Crystal Springs Road; and authorize the City Manager to execute the Grants of Easement in substantially the form presented.

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.)

7. Parks and Recreation Department Field Mowers - Purchase Contract Adopt a Resolution to approve an alternative purchasing procedure and approve a purchase contract with Turf Star, Inc. for the purchase of one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution in a total amount not to exceed $182,782.62; establish a contingency reserve in the amount of $30,000.00; and authorize the Public Works Director to execute the purchase contract in substantially the form presented and issue change orders within the contingency amount.

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

8. Staff Augmentation Services – Agreement
Approve a professional consultant services agreement to SNG & Associates, Inc. in an amount not to exceed $200,000; establish a contingency reserve of $20,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue any future amendments within the contingency amount.

CEQA: This Council action is not a project subject to CEQA review under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the award of a staff augmentation agreement to assist the City in managing capital improvement projects may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
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9. Afterschool Enrichment Services for School Year 2024-2025 – Agreement Approve an agreement with San Mateo Union High School District for afterschool enrichment services for Empowerment Through Action (ETA) Program in an amount not to exceed $31,000 starting on August 20, 2024 through May 29, 2025 and authorize Parks and Recreation Director to execute the agreement in substantially the form presented.

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

10. Police Department Roof Improvements – Construction Contract Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $1,607,434.64 for the Police Department Roof Improvements project; establish a contingency reserve in the amount of $160,000.00; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

11. League of California Cities Annual Conference – Voting Delegate Designation Designate Deputy Mayor Rob Newsom Jr as the City's Voting Delegate and Council Member Rich Hedges as the alternate for the 2024 League of California Cities Annual Conference.

CEQA: This 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).)

12. Community Development Permit Tracking Software – Amendment Approve Amendment No. 2 to the Agreement with Tyler Technologies, Inc. to convert the existing on-premises EnerGov Permitting and Licensing software to a cloud-based service hosted by Tyler Technologies; increase the annual service maintenance/support fee from $90,759 to $194,381; and authorize the Community Development Director to execute the Amendment in substantially the form presented.

CEQA: This Amendment is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that transitioning EnerGov Permitting and Licensing software to cloud-based services will have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

13. Wastewater Treatment Plant Upgrade and Expansion Project Easement – Amendment Adopt a Resolution to approve an amendment to the Easement Deed and Agreement between the City of San Mateo and All American Self Storage, L.P. modifying the Public Utility Easement for the Wastewater Treatment Plant site; and authorize the Mayor to execute the amendment in substantially the form presented.

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 City 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 an Addendum 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.
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14. Wastewater Treatment Plant Upgrade and Expansion Project Owner-Controlled Insurance Program – Policy Extension
Approve an extension to the City’s Owner-Controlled Insurance Program policy with Old Republic General Insurance Corporation to extend coverage for construction of the Wastewater Treatment Plant Upgrade and Expansion Project in an amount not to exceed $1,069,153, for a revised total not to exceed cost of $10,569,153; approve a contingency reserve in the amount of $350,000 for potential additional extensions; and authorize the City Manager to approve the policy extension in substantially the form presented and additional policy extensions within the contingency amount.

CEQA: For the WWTP Project, 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 City 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 an Addendum to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2).

15. Wastewater Treatment Plant Upgrade Engineering Services During Construction – Amendment & Contingency Increase
Approve Amendment No. 11 to the agreement with HDR Engineering, Inc. for additional engineering services during construction for the Wastewater Treatment Plant Upgrade and Expansion Project in the amount of $1,607,808 for a new total agreement amount of $18,095,235; increase the contingency reserve by $320,000 for a new total contingency amount of $3,664,000; and authorize the Public Works Director to execute the amendment and issue change orders within the contingency amount.

16. High Voltage Streetlight Conversion (Phase 5) Project – Agreement Approve an agreement with Columbia Electric, Inc. for construction of the High Voltage Streetlight Conversion (Phase 5) Project in the amount of $2,050,325; establish a contingency reserve in the amount of $315,000; 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 contingency amount.

17. Police Department Radio Replacement – Agreement
Adopt a Resolution to use an alternative purchasing procedure in accordance with Municipal Code Section

3.60.070(h)(3) to approve an agreement with Metro Mobile Communications for the purchase of replacement handheld and mobile radios for the San Mateo Police Department in the amount of $721,055.83; authorize the Chief of Police to execute the agreement in substantially the form presented; and authorize the Chief of Police to issue change orders of up to $50,000 cumulatively and the City Manager to issue change orders in excess of $50,000 but not to exceed $100,000 cumulatively.
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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.)

18. Marina Library Structural Improvements Project – Amendment and Contingency Increase Approve Amendment No. 4 with Siegel & Strain Architects for design professional services for the Marina Library Structural Improvements project in an amount not to exceed $506,694 for a new agreement amount of $903,551; increase the contingency reserve in the amount of $54,000 for a total contingency of $90,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

CEQA: This Approval of Amendment No. 4 is not a project subject to CEQA, because the work associated with the Marina Library Structural Improvements Project is categorically exempt as an “existing facility,” in that it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

19. Tuolumne County Resource Conservation District – Agreement Approve an agreement for a term from September 2, 2024, to June 30, 2025, with the Tuolumne County Resource Conservation District for compost procurement services in the amount of $3,600 and authorize the City Manager to execute the agreement in substantially the form presented.

CEQA: An agreement with the Tuolumne County Resource Conservation District to assist the City in procuring compost to meet the City’s annual compost procurement target is not a project subject to CEQA, because it can be seen with certainty that approval of this agreement will not cause a direct physical change, or a reasonably foreseeable indirect change in the environment. (Public Resources Code Section 21065.)

20. Police Department Motorcycle Replacement - Contract Adopt a Resolution to approve an alternative purchasing procedure and approve a purchase contract with National Auto Fleet Group, a Division of Chevrolet of Watsonville, for the purchase of four (4) new BMW RT 1250 police specification motorcycles in the total amount not to exceed $165,582.83; establish a contingency reserve in the amount of $20,000; and authorize the Public Works Director to issue change orders and execute the purchase contract in substantially the form presented.

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

21. City Wide In-Person Safety Training – Amendment
Approve Amendment No. 2 to the professional consultant services agreement with Du-All Safety, LLC, for inperson safety training of City employees; increase the agreement by $240,000, for a new not-to-exceed total amount of $360,000; approve a contingency reserve increase of $40,000, for a new contingency total of $52,000; extend the term of the agreement through August 31, 2026; and authorize the Public Works Director to execute the amendment in substantially the form presented and execute amendments within the contingency amount, 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 that safety training for City employees may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
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22. Clean Water Program – Program Management Contingency Approve an increase to the contingency reserve associated with Amendment No. 9 to the agreement with CH2M Hill Engineers, Inc., for program management services for the Clean Water Program, in the amount of $250,000, for a revised contingency reserve of $1,697,000; and authorize the Public Works Director to execute amendments within the contingency amount.

CEQA: Council approval of a contingency increase associated with Amendment No. 9 to the Agreement between the City and CH2M is exempt from CEQA review because the potential use of contingency to increase continued program management can be seen with certainty that there is no possibility that the management services may have a significant effect on the environment. (CEQA Guidelines section 15061(b)(3).) In addition, the City prepared a Final Programmatic Environmental Impact Report (Final PEIR) for the Clean Water Program 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)

23. Library Materials Acquisition – Amendment
Approve an amendment to the agreement with Baker & Taylor for a 3-year extension to be the primary vendor to provide library materials including books, audiobooks, DVDs, CDs and customized collection development services in the amount not to exceed $500,000 annually for fiscal years 2024-25, 2025-26, and 2026-27 and authorize the City Manager to execute the amendment in substantially the form presented.

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

24. Worker Resource Center at 171 North Amphlett Boulevard – Lease Amendment Adopt a Resolution to appropriate $5,000 from the General Fund to the Worker Resource Center Fund to cover the additional cost of leasing the property at 171 North Amphlett Boulevard; approve Amendment No. 1 to the lease agreement for the property at 171 North Amphlett Boulevard for a period of one year at the rate of $5,627.54 per month for use as the Worker Resource Center; and authorize the City Manager to execute the lease amendment in substantially the form presented.

CEQA: This lease 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.)

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.

OLD BUSINESS

25. Community Relations Commission Amendment – Ordinance Introduction Introduce an Ordinance to amend the San Mateo Municipal Code Chapter 2.21 "Community Relations Commission" to incorporate diversity, equity, and inclusion issues or topics into the scope of work of the 6 of 407
commission.

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

26. Youth Commissioners – Ordinance Introduction
Introduce an ordinance to amend San Mateo Municipal Code Chapter 2.15 “Library Board,” Chapter 2.28 “Sustainability and Infrastructure Commission,” and Chapter 2.29 “Senior Citizens Commission” to provide for Council appointment of two non-voting youth advisory members to each of these entities.

CEQA: This ordinance introduction 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.)

NEW BUSINESS

27. 2000 S. Delaware Street Affordable Housing Development Transfer to MidPen Housing - Reassignment and Amendment of Ground Lease and Conditional Loan Commitment Term Sheet Approve: (1) a reassignment of the ground lease for the affordable housing project at 2000 S. Delaware Street from Westlake Reality Group to MP 2000 Delaware, LLC and amendments to the ground lease to deepen the affordability of the units in the Project to households at or below 80% of Area Median Income; and authorize the City Manager to execute the reassigned and amended ground lease in substantially the form provided; (2) a Term Sheet that includes a conditional loan commitment of $500,000 in exchange for deepening the affordability of the 60 rental units in the Project from moderate to low-income; and direct staff to return to City Council by end of November with a regulatory agreement, loan agreement, and other documents required to fulfill the commitments in the Term Sheet, for City Council approval.

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.)

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.

CLOSED SESSION
The public will have an opportunity to comment before the Council’s consideration of this item. Following the meeting a report of action from Closed Session will be provided if required.

28. Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Interstate Grading and Paving, Inc. v. City of San Mateo, San Mateo Superior Court Case No.: 23- CIV-05188

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
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PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to: [email protected] until 4 p.m. the day of the meeting.

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

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

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

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 8 of 407

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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: 3 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8779 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

State Route 82/State Route 92 Interchange Landscaping Improvements Project – Agreement RECOMMENDATION:

Approve an agreement with Marina Landscape, Inc. for the State Route 82/State Route 92 Interchange Landscaping Improvements Project in the amount of $1,650,150; establish a contingency reserve in the amount of $250,000; 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:

In August 2018, roadway improvements to reconfigure the State Route 82/State Route 92 Interchange (82/92 Interchange Project) were completed as part of a joint project between the City, San Mateo County Transportation Authority (SMCTA), and Caltrans. The original 82/92 Interchange Project included landscaping scope of work; however, prior to completion, the landscaping portion of the 82/92 Interchange Project was postponed by Caltrans due to the drought in California. Since then, the drought restrictions have been lifted.

In December 2020, the City entered into a cooperative agreement with Caltrans for the SR 82/SR 92 Interchange Landscaping Improvements Project (Landscaping Project) in order to implement landscaping improvements within Caltrans right-of-way. The Landscaping Project’s objective is to create an attractive interchange that meets Caltrans requirements and minimizes the resources needed to maintain it. The Landscaping Project includes clearing and grubbing, light grading and contouring, ground cover and tree planting, and irrigation improvements. It also includes landscaping along the sound wall in the northeast portion of the cloverleaf that faces the Hayward Park neighborhood.

The City issued a request for proposals for engineering and landscaping design services on May 31, 2019. On September 3, 2019, City Council approved an agreement with BKF Engineers to design and develop construction documents for the Landscaping Project.

On August 5, 2021, the SMCTA Board of Directors allocated $1.35 million of Measure A funds for the Landscaping Project.

On March 21, 2022, City Council approved a funding agreement between the City and SMCTA to secure the $1.35 million for the construction phase of the Landscaping Project.

The Landscaping Project was advertised on May 30, 2024. A total of three (3) bids were received and opened on June 27, 2024. The bids received are listed below in order of increasing bid amount.

Contractor Base Bid Amount Additive Bid Item
A
Additive Bid Item
B
Total Bid Amount
Marina Landscape, Inc. $1,539,650.00 $60,500.00 $50,000.00 $1,650,150.00 22 of 407

CITY OF SAN MATEO
Bortolussi & Watkin, Inc. $1,809,631.00 $54,526.00 $58,632.00 $1,922,789.00 California Turf and Landscaping $1,915,149.90 $101,236 $106,826.94 $2,123,212.84 Per the Contract Book, bids were compared based on the total bid amount, which includes the Base Bid plus two (2) additive bid items, Additive Bid Item A and Additive Bid Item B. Additive Bid Items A and B include plant maintenance and water use during Years 4 and 5, respectively, after the initial three years of plant establishment period covered in the base bid. Staff reviewed the lowest bid submitted by Marina Landscape, Inc., and determined that Marina Landscape, Inc. is the lowest responsive, responsible bidder. Staff recommends City Council award the Agreement to Marina Landscape, Inc. inclusive of the scopes of Additive Bid Items A and B based on Marina Landscape, Inc.’s pricing. In addition, staff recommends a 15% contingency be established given potential unforeseen site conditions and caution that will need to be exercised due to the project’s proximity to two State Highways.

Construction is anticipated to begin Fall 2024 and be complete by first quarter of 2025, followed by a 5-year plant establishment period until 2030. Traffic impacts will primarily involve installation of temporary concrete barriers along State Route 92 during nighttime hours, with lane closures restricted to one lane at a time. While the shoulders of on and off-ramps will be temporarily closed during construction, lane widths on these ramps will remain unaffected. No traffic control measures are anticipated along State Route 82.

BUDGET IMPACT:

There are sufficient funds in the El Camino at Highway 92 Landscaping Improvements Project (460037) to fund this work in the amount of $1,650,150 and the contingency reserve in the amount of $250,000.

ENVIRONMENTAL DETERMINATION:

The landscaping scope of work received environmental clearance when the project level initial study and negative declaration for the 82/92 Interchange Project was approved in May 2014. Environmental clearance for the Landscaping Project has been re-validated by Caltrans on September 2, 2021.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Tina Pham, Senior Engineer
[email protected]
650-522-7305
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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: 82-4681 File ID: 24-8906 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Central Recreation Center Roof Improvements – Agreement RECOMMENDATION:

Adopt a Resolution approving an alternative purchasing procedure to award an agreement with McGinnis Chen Associates, Inc. for design professional services in an amount not to exceed $93,025; establish a contingency reserve of $10,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the contingency amount.

BACKGROUND:

The Central Recreation Center at Central Park has served the community for over sixty-five years. The building’s roof structure consists of flat gravel and sloped wood shingle. The wood shingle has been subjected to decades of moisture and leaks which have been an on-going issue at the facility for years. Currently, there are water penetrations in various locations.

In 2023, the City engaged McGinnis Chen Associates, Inc. (MCA) to perform a Citywide roof assessment. The final report identified this specific location as a potential health and safety risk due to the compromised roof structure and recommends immediate action. Other facilities identified with having similar issues include the Beresford Recreation Center, Martin Luther King Recreation Center and City Hall.

Due to the immediate need for improvements to the roof at the Central Recreation Center, City staff considered an alternate purchasing procedure whereby the City requested a proposal from an engineering firm that the City prequalified based on recent, satisfactory, and similar services received at other City facilities such as the Police Department and the Transit Center where MCA was tasked with the assessment, investigation, destructive testing, and design improvements for remediation. The scope of services for the Central Recreation Center Roof Improvements project includes investigation, testing, design, documentation, bidding support, and construction administration.

An alternative purchasing method may be utilized in accordance with Municipal Code section 3.60.070(h)(3), which states “The following procedures may be used only upon a finding by the City Council prior to or concurrent with the award of contract that the procedures are in the best interests of the City for the particular contract…” The deterioration of the roof at the Central Recreation Center presents a high risk for biological growth which affects the air quality and threatens public health. Initiating the design for the improvements at the earliest time, through the alternate purchasing method, is recommended to be in the best interests of the City and its constituents. Based on MCA’s familiarity of the City’s Facilities through the Citywide Roof Assessment project, procuring MCA will result in a timely deliverable which allows the City to obtain building permits and award the construction in the Spring of 2025. The 32 of 407

CITY OF SAN MATEO
construction duration is expected to take six months and can only occur during dry weather, so it is vital that the design documents are complete, and permits are obtained prior to that time.

MCA submitted a proposal on June 24, 2024, that includes design tasks to improve the roof at the Central Recreation Center. Based on their proposal, award of the design professional services agreement to MCA is recommended.

BUDGET IMPACT:

There is sufficient funding in the Central Recreation Center: Roof Replacement (46F042) project budget to fund this agreement and the proposed contingency reserve.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 - Agreement

STAFF CONTACT
Steve Wu, Project Manager II
[email protected]
(650) 522-7345
Deryk Daquigan, Deputy Public Works Director
[email protected]
(650) 522-7287
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD AN AGREEMENT TO MCGINNIS CHEN ASSOCIATES, INC. FOR THE CENTRAL RECREATION CENTER ROOF IMPROVEMENTS PROJECT WHEREAS, San Mateo Municipal Code section 3.60.070(h)(3) provides that the City may use any purchasing procedure approved by the City Council if there is a finding concurrent with the award of the contract that the procedures are in the best interest of the City; and WHEREAS, the Central Recreation Center at Central Park has served the community for over sixty-five years, and the building’s roof structure consists of flat gravel and sloped wood shingle; and WHEREAS, the wood shingle has been subjected to decades of moisture and leaks which have been an on-going issue at the facility for years resulting in water penetrations in various locations and biological growth under the exterior roof eaves; and
WHEREAS, in 2023, the City engaged McGinnis Chen Associates, Inc. (MCA) to perform a Citywide roof assessment, and the final report identified the Central Recreation Center as a potential health and safety risk due to the compromised roof structure and recommends immediate action; and WHEREAS, the deterioration of the roof at the Central Recreation Center presents a high risk for biological growth which affects the air quality and threatens public health; and WHEREAS, initiating the design for the improvements at the earliest time through an alternative purchasing procedure is recommended to be in the best interests of the City; and WHEREAS, MCA submitted a proposal on June 24, 2024, to design improvements to the roof at the Central Recreation Center, and design tasks include testing, investigation, design, documentation, bidding support, and construction administration; and
WHEREAS, MCA is familiar with City facilities and will produce a timely deliverable that allows the City to obtain permits, bid and award the project efficiently; and WHEREAS, the project requires construction to occur during dry weather only, therefore permitting, bidding and award of the contract will occur prior to the Spring of 2025; and WHEREAS, MCA has performed identical work at other City facilities that require roof improvements and City staff believes their experience to be valuable, and their price reasonable and consistent with their previous work; and
WHEREAS, the City Council recognizes the need to perform roof improvements at the Central Recreation Center to meet the public health and safety needs of the City of San Mateo and dedicated funding for the Central Recreation Center Roof Replacement (46F042) in the Fiscal Year 2024-2025 Adopted Budget; and WHEREAS, based on the above, City staff recommends approval of the agreement with McGinnis Chen Associates, Inc. for Central Recreation Center Roof Improvements. 34 of 407

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

1. In accordance with CEQA Guidelines section 15301, this project is categorically exempt from CEQA as an ‘existing facility’ in that it involves the maintenance of an existing facility with no expansion of existing or former use.

2. In accordance with Municipal Code section 3.60.070(h)(3), the approval of an agreement with MCA is in the best interest of the City because:
a) Time is of the essence to complete the improvements to prevent further roof deterioration affecting or threatening the public health, safety, or welfare; and b) Having performed a citywide roof assessment, MCA therefore has familiarity with the Central Recreation Center roof which will assist in timely delivery of the design; and c) MCA, as the design engineer, has prior experience working on other City facilities and staff has been satisfied with their work; and
d) Staff finds the proposal to be reasonable.

3. The agreement with McGinnis Chen Associates, for the Central Recreation Center Roof Improvements in the amount of $93,025 is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form submitted and issue change orders per the contract documents and within the contingency amount, on behalf of the City.
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AGREEMENT WITH MCGINNIS CHEN ASSOCIATES, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

CENTRAL RECREATION CENTER ROOF IMPROVEMENT PROJECT
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 MCGINNIS CHEN ASSOCIATES, INC., a Corporation (“CONSULTANT”), whose address is 1019 Mission Street, San Francisco, CA 94103:

RECITALS:

A. CITY desires certain design consulting services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these design 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. 36 of 407
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on September 1, 2024 and be completed on or about June 30, 2026.

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 of $93,025, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

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

Non-Design Professional Consultant Services: CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement for all services other than design professional services, 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 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
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SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. 39 of 407
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

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

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

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

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

Attn: Jeff Chen, Project Manager
1019 Mission Street
San Francisco, CA 94103
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
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This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Date Yi-tso Jeff Chen
Its Authorized Agent
President
Date

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

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

SCOPE OF SERVICES
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 47 of 407
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

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

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

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

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

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 48 of 407

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: 10-4662 File ID: 24-8907 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:
1001 Haddon Drive Ponding Repair – Agreement
RECOMMENDATION:

Approve an agreement with W.R. Forde Associates, Inc. for 1001 Haddon Drive Ponding Repair Project in the amount of $163,415.00; establish a contingency reserve in the amount of $24,500; 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 amount of the contingency amount.

BACKGROUND:

In October 2022, residents alerted the City to significant settlement occurring along the sidewalk, curb, gutter, and roadway in front of 1001 Haddon Drive. The 1001 Haddon Drive Ponding Repair (Project) will repair the settlement and associated ponding along with the sidewalk and curb at this location with an Engineer’s Estimate for the Project of $184,950.00.

The project was advertised on May 6, 2024, and a total of three (3) bids were received and opened on June 4, 2024. The bids received are listed below in order of increasing bid amount.

Contractor Grand Total Bid Amount
W.R. Forde Associates, Inc. $163,415.00
Golden Bay Construction, Inc. $188,544.00
Raposo Engineering, Inc. $242,468.60
After review of bid documents, staff determined that W.R. Forde Associates, Inc. is the lowest responsive, responsible bidder. Therefore, staff recommends W.R. Forde Associates, Inc. be awarded this construction agreement. Staff also recommend a 15% contingency to be established given the small size of the construction agreement as well as the uncertainty of the stability of underlying soils on these streets.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Package 2 (467008) project budget to award this work in the amount of $163,415.00 and the contingency reserve of $24,500.00.

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
Jerred Cayabyab, Assistant Engineer
[email protected]
650-522-7578
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AGREEMENT WITH W.R. FORDE ASSOCIATES, INC.

FOR PUBLIC IMPROVEMENT
FOR
1001 HADDON DRIVE PONDING REPAIR
CITY PROJECT NO. 467008-46000-1070
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:
1001 HADDON DRIVE PONDING REPAIR
CITY PROJECT NO. 467008-46000-1070

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of one hundred sixty-three thousand, four hundred fifteen dollars ($163,415.00) 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, State of California Revised Standard Specifications dated April 16, 2021, and Contract Drawings, Addendum Number 1 issued to the Contract Book, 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”). 51 of 407
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All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

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

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

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

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

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

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

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the 52 of 407
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prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

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

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

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

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

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

10. Indemnity. Contractor agrees to hold harmless and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Contractor’s performance of this Agreement, except for those claims arising out of City’s 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.

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

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

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

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

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

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

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

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

20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives. 54 of 407
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21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and W.R. Forde Associates, Inc. has been duly executed by the parties hereinabove named, as of the day and year first above written.

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

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
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:

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 with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf 57 of 407
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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).

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 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.

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. 59 of 407

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: File ID: 24-8893 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:
731 and 771 Crystal Springs Road Access Easements – Acceptance RECOMMENDATION:

Adopt Resolutions to accept two Grants of Easement on 731 Crystal Springs Road and 771 Crystal Springs Road; and authorize the City Manager to execute the Grants of Easement in substantially the form presented.

BACKGROUND:

A Public Utility Easement (PUE) for City of San Mateo storm drain infrastructure currently exists between Columbia Drive and Crystal Springs Road. The PUE is 10 feet wide and existing City storm drain infrastructure extends outside of the PUE and into the southern corner of the property located at 731 Crystal Springs Road and northern corner of the property located at 771 Crystal Springs Road. The Columbia/Crystal Springs Storm Drain Improvements Project (Project) will remove the existing storm drain infrastructure, which currently comprises an open channel on 731 Crystal Springs Road and underground pipe and manhole on 771 Crystal Springs Road and replace the existing open channel and underground pipe and manhole with a new underground pipe, a cleanout, and manhole. Construction is expected to occur in Summer or Fall 2024.

Due to existing site constraints, Public Works seeks to adjust the existing alignment for new storm drain construction. The location of the new underground pipe, cleanout, and manhole require the property owners at 731 Crystal Springs Road and 771 Crystal Springs Road to grant easements to the City of San Mateo to account for the storm drain infrastructure which extends outside of the current PUE.

The property owner at 731 Crystal Springs Road agrees to grant an easement to the City of San Mateo on, across, and over the southern corner of their property not covered by the PUE for construction and maintenance of the storm drain infrastructure.

The property owner of 771 Crystal Springs Road agrees to grant an access easement to the City of San Mateo on, across, and over the northern corner of their property not covered by the PUE for construction and maintenance of the storm drain infrastructure.

The Grants of Easement include language that allows the Grantor to relocate the easements if an alternate point of access is identified and agreed upon by the Grantor and City of San Mateo. The City's contracted Licensed Surveyor prepared a plat and legal description for the agreements. The easements allow construction and operations and maintenance staff the proper rights to construct and maintain the storm drain infrastructure and prevent flooding issues. Staff recommends Council adopt the attached Resolutions accepting the proposed access easements with associated plat and legal descriptions and authorizing execution by the City Manager. 60 of 407

CITY OF SAN MATEO
BUDGET IMPACT:

There is no budgetary impact for accepting the grants of access easements.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution for 731 Crystal Springs Road Att 2 - Grant of Public Utility Easement for 731 Crystal Springs Road Att 3 - Proposed Resolution for 771 Crystal Springs Road Att 4 – Grant of Public Utility Easement for 771 Crystal Springs Road

STAFF CONTACT
James Yang, Associate Engineer
[email protected]
650-522-7575
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

ACCEPTING THE GRANT OF A PUBLIC UTILITY EASEMENT
731 CRYSTAL SPRINGS ROAD, SAN MATEO, CA 94403
WHEREAS, an above-ground City storm drain channel conveys stormwater runoff from Columbia Drive to Crystal Springs Road through the Southern border of 731 Crystal Springs Road; and WHEREAS, City of San Mateo Public Works staff maintains the existing storm drain channel within 731 Crystal Springs Road to prevent flooding issues; and
WHEREAS, Public Works staff traverses 731 Crystal Springs Road to a 10-foot wide Public Utility Easement (PUE) along the property’s Southern border to access the storm drain channel; and WHEREAS, the property owner of 731 Crystal Springs Road limits access to the storm drain channel to the portion of storm drain channel within the property not covered by the PUE; and WHEREAS, the City requires a public utility easement over a portion of property located at 731 Crystal Springs Road for current and planned storm drain infrastructure improvements; and WHEREAS, the property owner of 731 Crystal Springs Road agrees to grant to the City of San Mateo a non-exclusive easement for storm drain infrastructure (Public Utility Easement) (Exhibit A) including access, construction, and maintenance activities related to storm drain infrastructure on, across, and over that certain area of land described on Exhibit A and depicted on Exhibit B for the purpose of maintaining storm drain infrastructure within the Easement Area; and
WHEREAS, the City’s contracted Licensed Surveyor prepared a plat (Exhibit B) and legal description (Exhibit A) to allow for recordation of the Public Utility Easement; and WHEREAS, the City’s contracted Licensed Surveyor determined the plat and legal description to be technically correct.

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

1. In accordance with CEQA Guidelines section 15061(b)(3), acceptance of a Public Utility Easement is exempt from CEQA because it can be seen with certainty that there is no possibility that the grant of an easement for storm drain infrastructure may have a significant effect on the environment.

2. The City Council hereby accepts the Grant of Public Utility Easement, from the property owner of 731 Crystal Springs Road on behalf of the City of San Mateo, set forth in Exhibit A attached hereto.

3. The City Council hereby authorizes and directs the City Manager to execute the Grant of Public Utility Easement, set forth in Exhibit A attached hereto.

4. The City Council hereby authorizes and direct the City Clerk to record the Grant of Public Utility Easement with the San Mateo County Recorder’s office.
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

ACCEPTING THE GRANT OF A PUBLIC UTILITY EASEMENT
771 CRYSTAL SPRINGS ROAD, SAN MATEO, CA 94403
WHEREAS, a City storm drain pipe conveys stormwater runoff from Columbia Drive to Crystal Springs Road through the Northern border of 771 Crystal Springs Road; and WHEREAS, City of San Mateo Public Works staff maintains the existing storm drain pipe within 771 Crystal Springs Road to prevent flooding issues; and
WHEREAS, Public Works staff traverses 771 Crystal Springs Road to a 10-foot wide Public Utility Easement (PUE) along the property’s Northern border to access the storm drain pipe; and WHEREAS, the property owner of 771 Crystal Springs Road limits access to the storm drain pipe to the portion of storm drain pipe within the property not covered by the PUE; and WHEREAS, the City requires a public utility easement over a portion of property located at 771 Crystal Springs Road for current and planned storm drain infrastructure improvements; and WHEREAS, the property owner of 771 Crystal Springs Road agrees to grant to the City of San Mateo a non-exclusive easement for storm drain infrastructure (Public Utility Easement) (Exhibit A) including access, construction, and maintenance activities related to storm drain infrastructure on, across, and over that certain area of land described on Exhibit A and depicted on Exhibit B for the purpose of maintaining storm drain infrastructure within the Easement Area; and
WHEREAS, the City’s contracted Licensed Surveyor prepared a plat (Exhibit B) and legal description (Exhibit A) to allow for recordation of the Public Utility Easement; and WHEREAS, the City’s contracted Licensed Surveyor determined the plat and legal description to be technically correct.

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

2. The City Council hereby accepts the Grant of Public Utility Easement, from the property owner of 771 Crystal Springs Road on behalf of the City of San Mateo, set forth in Exhibit A attached hereto.

3. The City Council hereby authorizes and directs the City Manager to execute the Grant of Public Utility Easement, set forth in Exhibit A attached hereto.

4. The City Council hereby authorizes and direct the City Clerk to record the Grant of Public Utility Easement with the San Mateo County Recorder’s office.
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 24-8915 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Parks and Recreation Department Field Mowers - Purchase Contract RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a purchase contract with Turf Star, Inc. for the purchase of one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution in a total amount not to exceed $182,782.62; establish a contingency reserve in the amount of $30,000.00; and authorize the Public Works Director to execute the purchase contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Parks and Recreation Department, Parks Division maintains more than 200 acres of greenway in the City of San Mateo, regular manicuring of these fields is necessary to maintain a healthy, attractive and safe environment for the community to enjoy. A primary tool in maintaining these fields is the use of a highly efficient wide path mower capable of manicuring a 12'-wide section of lawn with every lap of the mower. Additionally, the City utilizes a highly maneuverable mower capable of efficiently manicuring a 5'-wide section for use in areas with an array of obstructions.

The proposed purchase of one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution will replace similar existing lawn equipment that has exceeded its useful life with units that will provide modern, reliable, efficient, and more environmentally friendly technology.

As part of the transition to a Green Fleet, staff continually research electrical options during the procurement process and aim to replace vehicles with alternative-fueled vehicles when available. These selected Toro models are the only viable option currently on the market with no equivalent electric option available. When an electric version is not available, staff evaluates diesel options because the City purchases renewable diesel to replace the use of fossil-based fuel. Renewable diesel is made from organic feedstocks and its use reduces carbon emissions. The Toro is an environmentally friendly Tier IV diesel engine and thus, allows the City to use renewable diesel, which is a non-fossil-based option.

Staff utilized Sourcewell pricing through Turf Star, Inc. for the purchase of this Toro Groundsmaster 4700 and Toro Z Master Revolution. San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. Sourcewell (formerly NJPA) is a government organization that solicits, receives, and reviews competitive bids for various specialty equipment, including the Toro Groundsmaster 4700 and Toro Z Master Revolution. Sourcewell has conducted competitive, public bids to select vehicle vendors to achieve competitive pricing and has selected Turf Star Inc. Therefore, the purchase of Toro Groundsmaster 4700 from Turf Star Inc. is in the best interest of the City because the Toro Groundsmaster 4700 and Toro Z Master Revolution are the recommended replacement for the existing Toro lawn equipment and the City may rely on bids 76 of 407

CITY OF SAN MATEO
obtained from Sourcewell because it has solicited, received, and reviewed competitive bids for the desired Toro Groundsmaster 4700 and Toro Z Master Revolution through its cooperative purchasing program. Based on the above, staff recommends the purchase of this Toro Groundsmaster 4700 and Toro Z Master Revolution from Turf Star Inc.

A contingency reserve is being requested to address any price fluctuations from market instability that may occur between the time the original quote was submitted to the time the contract is executed. Recent findings have determined this may result in a 10% to 20% fluctuation.

BUDGET IMPACT:

This purchase contract will be funded from the Vehicle and Equipment Replacement Fund. Sufficient funding is available.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract

STAFF CONTACT
Daniel Heffelfinger, Fleet Services Supervisor
[email protected]
650-522-7366
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE OF ONE (1) TORO GROUNDSMASTER 4700 AND ONE (1) TORO Z MASTER REVOLUTION WITH TURF STAR, INC. IN THE AMOUNT OF $182,782.62
WHEREAS, the City Council is being asked to award a contract for the purchase of one (1) new Toro Groundsmaster 4700 and one (1) new Toro Z Master Revolution in the amount of $182,782.62; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures when it is in the best interest of the City; and WHEREAS, Sourcewell (formerly NJPA) offers services to make the government procurement process more efficient through cooperative purchasing: and WHEREAS, use of Sourcewell – Contract #031121-TTC offers competitive pricing for Toro Groundsmaster 4700 and Toro Z Master Revolution; and
WHEREAS, the one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution with the specifications and capabilities meet the requirements of the City; and WHEREAS, Turf Star, Inc. is the sole authorized dealership in Northern California for the Toro Groundsmaster 4700 and Toro Z Master Revolution; and
WHEREAS, Turf Star, Inc. is agreeable to fulfilling Sourcewell - Contract #031121-TTC for the Toro Groundsmaster 4700 and Toro Z Master Revolution; and WHEREAS, based on these circumstances, staff recommends approval of the purchase of one (1) new Toro Groundsmaster 4700 and one (1) new Toro Z Master Revolution from Turf Star, Inc. because it is in the best interest of the City without standard competitive bid practice.

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

1. The purchase of one (1) new Toro Groundsmaster 4700 and one (1) new Toro Z Master Revolution is not a project subject to CEQA because it can be seen with certainty that there is no possibility that the purchase of field mowers may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution from Turf Star, Inc. based on pricing from Sourcewell is in the City’s best interest for these reasons:
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a. Toro Groundsmaster 4700 and Toro Z Master Revolution are the sole manufacturer for the City’s Park and Recreation Departments desired vehicle; and b. Sourcewell competitively bid the contracts to provide the listed vehicle and Toro Groundsmaster 4700 and Toro Z Master Revolution was selected; and c. The City has obtained competitive pricing for one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution through Sourcewell – Contract #031121-TTC which will be fulfilled by Turf Star, Inc.

3. The procedure utilized by staff to obtain Sourcewell – Contract # 031121-TTC for the purchase of one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution from Turf Star Inc. is approved in accordance with Municipal Code Section

3.60.070(h)(3).

4. The purchase of one (1) Toro Groundsmaster 4700 and one (1) Toro Z Master Revolution in the amount of $182,782.62 and establishing of a contingency reserve in the amount of $30,000.00 is approved.

5. The Public Works Director is authorized to execute the purchase contract in substantially the form presented and issue change orders within the contingency amount on behalf of the City.
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PURCHASE CONTRACT
FOR ONE (1) NEW TORO GROUNDSMASTER 4700 AND ONE (1) NEW TORO Z MASTER REVOLUTION FROM TURF STAR, INC.

This Purchase Contract (“Contract”), made and entered into this day of __________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and TURF STAR, INC., a corporation (“VENDOR”).

RECITALS:

A. CITY desires to purchase one (1) New Toro Groundsmaster 700 and one (1) New Toro Z Master Revolution hereinafter described.

B. CITY desires to engage VENDOR to provide one (1) New Toro Groundsmaster 4700 and one (1) New Toro Z Master Revolution by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.

This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

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

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

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

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

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

SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted. 81 of 407
SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law: (a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

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

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

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

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo. 82 of 407
SECTION 15 - WAIVER
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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

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

SECTION 19 - LITIGATION
VENDOR shall testify at CITY's request if litigation is brought against CITY in connection with VENDOR's services under this Agreement. Unless the action is brought by VENDOR, or is based upon VENDOR's wrongdoing, CITY shall compensate VENDOR for preparation for testimony, testimony, and travel at VENDOR's standard hourly rates at the time of actual testimony. 83 of 407
SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Daniel Heffelfinger
Fleet Services Supervisor
City of San Mateo
1961 Pacific Blvd.

San Mateo, CA. 94403
To VENDOR: Turf Star Inc.

Attn: Brian Daum
Account Executive
3928 N. Blattela Lane
Fresno, CA. 93727

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

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

CITY OF SAN MATEO VENDOR
Matt Fabry
Public Works Director,
City of San Mateo

APPROVED AS TO FORM
Date Doug Dahl
Chief Operating Officer,
Turf Star Inc.

Date
Linh P. Nguyen
Assistant City Attorney
Date Nolan Stark
Vice President,
Turf Star Inc.

Date
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EXHIBIT A
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8930 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Staff Augmentation Services – Agreement
RECOMMENDATION:

Approve a professional consultant services agreement to SNG & Associates, Inc. in an amount not to exceed $200,000; establish a contingency reserve of $20,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue any future amendments within the contingency amount.

BACKGROUND:

On May 8, 2024, the Department of Public Works staff issued a request for proposals (RFP) to select qualified firms to provide staff augmentation services to assist the City in managing and implementing capital improvement projects and City facilities projects. Consultant services are needed due to the loss of multiple engineering staff within the Capital Improvement/Engineering division. Staff recommends SNG & Associates, Inc. (SNG) to assist with capital improvement projects until new engineering staff are hired.

The City received a total of six (6) proposals that were evaluated based on the firms’ project understanding, experience with similar projects, and technical ability of key staff. Staff short-listed two firms and conducted interviews with each firm’s proposed project team. SNG was identified as the highest-ranked firm. In addition, SNG’s staff augmentation approach, schedule, availability, and budget all align with the City’s needs.

To manage staff augmentation services, staff will develop specific task orders, scopes of work, and budgets to be performed.

Based on the above, staff recommend entering into a professional consultant services agreement with SNG for staff augmentation services in an amount not to exceed $200,000. Additionally, staff recommends establishing a contingency reserve in the amount of $20,000 to cover any unforeseen costs. The proposed term of this agreement is through June 2026.

BUDGET IMPACT:

There is sufficient funding in the Capital Improvement Program Engineering Division’s operating budget and within individual project budgets to fund this agreement and establish the contingency reserve. As such, no additional budget appropriations are required.

ENVIRONMENTAL DETERMINATION:

This Council action is not a project subject to CEQA review under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the award of a staff augmentation agreement to assist the City in managing capital improvement projects may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).) 90 of 407

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Tina Pham, Senior Engineer
[email protected]
(650) 522-7305
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AGREEMENT WITH SNG & ASSOCIATES, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

STAFF AUGMENTATION 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 SNG & Associates, Inc., a corporation, (“CONSULTANT”), whose address is 5776 Stoneridge Mall Road, Suite 365, Pleasanton, CA 94588.

RECITALS:

A. CITY desires certain professional staff augmentation services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these professional staff augmentation 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.

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

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

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 92 of 407
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of this agreement and be completed on June 30, 2026. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of CONSULTANT.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee, based on verified time and materials, in an amount of $200,000 pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

Cost adjustment for the second and subsequent year’s annual fixed amounts will be made using annual indexes of the “Consumer Price Index for All Urban Consumers,” Bay Area City Average, all items (1967=100) as published in the Monthly Review by the U.S. Department of Labor, (CPI). The annual increase in rates is not to exceed CPI or 3%, whichever is lower.

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.
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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 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 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
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SECTION 14 - RELIANCE UPON PROFESSIONAL

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 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. 95 of 407
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

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:

Tina Pham
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: SNG & Associates, Inc.

Attn: Nanda Gottiparthy, P.E.,
President
5776 Stoneridge Mall Road, Suite 365,
Pleasanton, CA 94588
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
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This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and SNG & Associates, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Date Nanda Gottiparthy, P.E.

Its Authorized Agent
President
Date

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

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

SCOPE OF SERVICES
CONSULTANT shall provide staff augmentation services for the Public Works Department in a manner consistent with the level of care and skill exercised by members of the consultant’s profession. All services performed by the CONSULTANT shall be under the Director of Public Works or his designated representatives, and in collaboration with appropriate technical staff, consultants, and other City Departments and Divisions.

The scope of work will vary as need arises and will be at the discretion of the City. City will issue task orders defining the scope and limits of work. Consultant will perform staff augmentation services that may include, but are not limited to the following:
 Project Management Services – CONSULTANT shall oversee and manage projects throughout all phases of project delivery, including planning, design, advertisement, and construction. This includes coordinating with internal and external stakeholders to ensure project objectives are met within the established timelines and budgets. CONSULTANT shall manage project budgets and manage project grant requirements. This includes monitoring expenditures, tracking costs, completing reporting requirements, and ensuring financial compliance throughout project phases.
 Services during Pre-design and Design Phases - CONSULTANT shall provide support for all assigned projects. This encompasses managing in-house and external design consultants to complete Plans, Specifications, and Estimates (PS&E) for civil, traffic, electrical, streetlight, water, stormwater improvements, sewer improvements, landscaping, street infrastructure.

Additionally, CONSULTANT shall prepare technical reports, conduct peer review, and coordinate/compile necessary review for project designs.  Bid and Award Services – CONSULTANT shall assist with public procurement processes and bidding activities, including issuing addenda, responding to contractor questions, facilitating pre-bid meetings. CONSULTANT shall ensure bid documents are complete and accurate, manage bid openings, and evaluate bids received. Upon completion of the evaluation process, CONSULTANT shall follow City procedures to recommend award of construction agreements.  Construction Management and Inspection Services – CONSULTANT shall provide comprehensive construction management services. This includes overseeing construction activities to ensure compliance with project plans, specifications, and regulatory requirements.

CONSULTANT shall conduct regular site visits, manage project schedules and budgets, review contractor submittals, respond to contractor RFIs, oversee City inspection services, and coordinate inspections by relevant authorities. CONSULTANT shall also manage project accounting, reporting, invoicing, and oversee closeout procedures. 99 of 407
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EXHIBIT B

FEE RATES
Position Hourly Rate
Principal Engineer $255.00
Senior Project Manager $225.00
Project Manager $215.00
Senior Engineer $200.00
Construction Manager $225.00
Associate Engineer II $175.00
Associate Engineer I $165.00
Assistant Engineer $155.00
Senior Engineering Inspector $175.00
Engineering Inspector $165.00
Engineering Technician/CAD Drafting $145.00
Licensed Land Surveyor $255.00
Licensed landscape Architect $195.00
Clerical/ Admin Support $105.00
Note: Rates valid through December 31, 2024. Rates will be adjusted annually every January 1st. 100 of 407
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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. 101 of 407
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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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.

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 18-6115 File ID: 24-8941 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: August 19, 2024
SUBJECT:

Afterschool Enrichment Services for School Year 2024-2025 – Agreement RECOMMENDATION:

Approve an agreement with San Mateo Union High School District for afterschool enrichment services for Empowerment Through Action (ETA) Program in an amount not to exceed $31,000 starting on August 20, 2024 through May 29, 2025 and authorize Parks and Recreation Director to execute the agreement in substantially the form presented.

BACKGROUND:

Empowerment Through Action (ETA) is a comprehensive program designed to support over 160 historically underserved students at Hillsdale High School. Since its inception in Spring 2018, ETA has been dedicated to closing the opportunity gap and fostering a sense of belonging among its participants. The program aims to enhance students' social, emotional, and academic growth, while also developing their self-confidence, inner capital, social connections, and job and internship placement opportunities.

ETA offers a variety of services and activities. These include wellness groups aimed at fostering mental and emotional wellbeing through group support. Additionally, tutoring services are provided to offer academic assistance, helping students achieve their educational goals. Enrichment activities are also available, offering extracurricular opportunities to broaden students' horizons. Job and career training programs prepare students for the workforce by imparting practical skills and valuable experience. Parent education initiatives engage parents in the educational process to support their children's success. ETA also operates a community closet, which provides essential items to students in need, and a food pantry that ensures no student goes hungry, thereby supporting their overall well-being.

For many years, the San Mateo Police Activities League (PAL) has been instrumental in supporting ETA through general oversight and the provision of stipends. This collaboration has been crucial in maintaining and expanding the diverse range of enrichment programs that ETA offers to its students. In recognition of the longstanding partnership and the positive impact it has had on the students and community, it is recommended that this collaboration be formalized through an official agreement. Such an agreement will provide a clear framework for continued cooperation and support, ensuring that the valuable resources and services provided by ETA can be sustained and enhanced.

As the proposed agreement involves two government entities, it requires the approval of the City Council. Formalizing this collaboration will not only strengthen the existing partnership but also ensure that the goals of ETA are met with greater efficiency and support. The approval of this agreement will solidify the commitment to empowering historically underserved students through the comprehensive programs offered by ETA.

BUDGET IMPACT:
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CITY OF SAN MATEO
An amount not to exceed $31,000 is allocated in the San Mateo PAL budget and therefore there is no budget impact for the City.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Stephanie Douglas, Community Services Section Manager
[email protected]
(650) 522-7442
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8945 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Police Department Roof Improvements – Construction Contract RECOMMENDATION:

Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $1,607,434.64 for the Police Department Roof Improvements project; establish a contingency reserve in the amount of $160,000.00; 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 Police Department facility on Franklin Parkway has served the community for sixteen years. The building’s roof is lowsloped with a Styrene-Butadiene-Styrene membrane system. Roof leaks have been an on-going problem at the facility since 2014. Currently, there is water penetration at various locations putting valuable assets at risk including servers and telecommunication equipment. In 2021, the City engaged McGinnis Chen Associates, Inc. (MCA) to perform a roof assessment that observed large amounts of water pooling at various locations and provided a recommendation for the design to prevent future leaks and a cost estimate for the purpose of developing a budget for this project in Fiscal Year 2023-24. In 2023, an in-depth investigation revealed the roof’s existing membrane system contained water from past storms infiltrating from the building’s roof and exterior soffits.

The design and construction drawings for the project were developed by MCA. The scope of work includes modifying the existing roof and soffits to direct water to the existing site drainage system. 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 prequalified construction contractor upon the City’s authorization to proceed. 119 of 407

CITY OF SAN MATEO
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.

With contract approval, construction is anticipated to begin in September 2024. 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.

BUDGET IMPACT:

There is sufficient funding available in the Police Department Roof Improvements Project (46F027) and the Police Station:

Parking Deck Resurfacing Project (46F048) to award this agreement and establish the contingency reserve.

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
Deryk Daquigan, Deputy Public Works Director
[email protected]
(650) 522-7287
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO ANGELES CONTRACTOR, INC. FOR THE POLICE DEPARTMENT ROOF IMPROVEMENTS 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 Police Department Roof Improvements 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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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 Police Department Roof Improvements Project 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 $1,607,434.64 to Angeles Contractor, Inc. for the Police Department Roof Improvements project.

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

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CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
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. Police Department Roof Improvements project which includes demolition and disposal; framing, electrical, mechanical, plumbing and roofing; exterior materials and 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 200 Franklin Parkway, 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. Architect: N/A

2. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or 123 of 407
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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imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

1. Engineer: McGinnis Chen Associates, Inc.

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

1.01 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 124 of 407
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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b. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion.

E. Furnish, Install, Perform, Provide:

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

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

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

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

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

1.01 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 – Contractor’s Proposal
b. Exhibit B – Insurance Requirements for Construction Contracts.

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

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

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

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

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

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

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

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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

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

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

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

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

4.01 Contract Times
C. The Work will be substantially completed within 150 days after the Effective Date of the Contract and completed and ready for final payment within 150 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 $1,607,434.64 for all Work.
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D. 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.

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E. 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.

1.02 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.

1.03 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.

1.04 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.

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

1.06 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.

1.07 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, 130 of 407
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losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

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

G. 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.

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

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

J. 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.

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

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

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

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

P. 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.

Q. 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.

1.08 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.

1.09 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.

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

1.02 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.

1.03 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.

1.04 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.

1.05 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 133 of 407
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the Work. Contractor will defend Owner, its elected and appointed officials, employees, and agents against any such claims. However, this provision does not apply to claims, loss, liability, damage, or expense arising from the 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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B. RPR has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents.

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

D. 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 135 of 407
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respect to an emergency) until receipt of a written statement permitting Contractor to do so.

E. 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.

F. 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 136 of 407
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A. 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 137 of 407
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Contractor. Contractor shall provide supporting documentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment.

G. 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.

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

1.11 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.

1.12 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.

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

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

C. If RPR considers the Work substantially complete or upon resolution of all reasons for nonissuance of a certificate identified in 14.06.B, RPR will deliver to Owner a certificate of substantial completion which shall fix the date of substantial completion and include a punch list of items to be completed or corrected before final payment. 138 of 407
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1.06 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.

1.07 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.

1.08 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. 139 of 407
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C. 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.

D. 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.

E. 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.

F. 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.

1.14 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. 140 of 407
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1. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

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

3. 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.

4. 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.

5. 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.

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

7. 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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1.09 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.

1.10 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.

1.11 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.

1.12 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.

1.13 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.

1.14 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.

1.15 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.

1.16 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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1.17 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 1 - MINIMUM SCOPE AND LIMIT OF INSURANCE

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

1.19 Coverage shall be at least as broad as:

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

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

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

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

E. Surety Bonds as described below.

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

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

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

1.21 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 151 of 407
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 2 - OTHER INSURANCE PROVISIONS

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

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

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

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

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

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

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

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

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

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

2. 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.

1.15 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.

1.16 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.

1.17 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.

1.18 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.

1.19 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. 153 of 407

1.22 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. 154 of 407

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8946 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: August 19, 2024
SUBJECT:

League of California Cities Annual Conference – Voting Delegate Designation RECOMMENDATION:

Designate Deputy Mayor Rob Newsom Jr as the City's Voting Delegate and Council Member Rich Hedges as the alternate for the 2024 League of California Cities Annual Conference.

BACKGROUND:

The City is a member of the League of California Cities (League) and as part of its annual conference, a business meeting will be conducted on October 18, 2024, for the League membership to consider and act on resolutions that establish League policy. The City has one vote in the proceedings, and the City Council must designate a voting delegate to represent the City and may also appoint up to two alternate voting delegates, one of whom may vote in the event the designated voting delegate is unable to serve in that capacity. The form designating the City’s voting delegate is due to the league no later than Wednesday, September 25.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This 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).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

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

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 26-3125 File ID: 24-8955 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: August 19, 2024
SUBJECT:

Community Development Permit Tracking Software – Amendment RECOMMENDATION:

Approve Amendment No. 2 to the Agreement with Tyler Technologies, Inc. to convert the existing on-premises EnerGov Permitting and Licensing software to a cloud-based service hosted by Tyler Technologies; increase the annual service maintenance/support fee from $90,759 to $194,381; and authorize the Community Development Director to execute the Amendment in substantially the form presented.

BACKGROUND:

In June 2013, City Council approved an agreement with Tyler Technologies, Inc. (Tyler Technologies) to purchase permit and project tracking software (EnerGov) with related services and support in the amount of $900,172. The term of this agreement for Tyler Technologies’ services automatically renews each year unless terminated by either party. The continuing fees for Tyler Technologies’ services, including licensing and maintenance/support, are thereafter renewed, and invoiced on an annual basis. Changes to this scope of services by Tyler Technologies requires Council approval since the original scope of services approved by Council in 2013 did not include cloud-based services.

The City of San Mateo IT Department hosts the software in City owned on-premises servers located at City Hall, requiring constant software and hardware maintenance, and monitoring and upgrades by City IT staff. The existing on-premises servers located at City Hall will not meet the requirements for the next generation of software upgrades and releases, which will necessitate a potential server replacement or transition to a cloud-based service. Current industry standard technology includes utilization of cloud-based technology for file storage, and within the next two years, this migration will be required by Tyler Technologies for all customers.

Since this transition will be required, staff recommends the early adoption of the cloud-based system and approval to expand the scope of services from Tyler Technologies to meet current industry technology standards, alleviating future risks for delays, promoting continuity of operations, efficiency of data transfer, and provide long-term cost savings.

With the proposed new cloud-based software, Tyler hosts the software applications and client data in secure, Tyler-owned data centers using Amazon Web Services technology. Tyler deploys, configures, maintains, and updates the software applications and related data. The City retains ownership of all data, but the burden of maintenance, monitoring and upgrading of the data server will shift from City staff to Tyler, adding future cost savings. There are no restrictions to file size and data storage capacities, which is currently limited, requiring the City to utilize the services of a third-party vendor (Azure) in providing added data storage space. This cloud-based system will also assist in advancing migration of stored data from EnerGov to Laserfiche. With the required security credentials, the new cloud-based SaaS system can be accessed without the use of a VPN, thereby increasing efficiency and security. This transition to the cloud-based system will free up 156 of 407

CITY OF SAN MATEO
in-house server space, reduce City overhead administrative burdens and provide the best solution for user experience, cybersecurity protection and monitoring now and in the future.

BUDGET IMPACT:

The annual service maintenance/support fee for the Energov Permitting and Licensing software will increase from $90,759 to $194,381 with the inclusion of the cloud-based SaaS service. However, it should be noted that the City will realize cost savings from reduced on-premises server needs and IT staff support, which will result in full cost recovery and actual cost savings over the first five years of the transition to the cloud-based service. The annual costs to pay for this cloud-based service as part of the Energov Permitting and Licensing software fee will be accounted for in Community Development’s Annual budget and would come from the Technology Fund and Construction Services Fund.

ENVIRONMENTAL DETERMINATION:

This Amendment is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that transitioning EnerGov Permitting and Licensing software to cloud-based services will have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement Amendment #2

STAFF CONTACT
Michael Titsworth, Building Official
[email protected]
(650) 522-7195
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8958 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Wastewater Treatment Plant Upgrade and Expansion Project Easement – Amendment RECOMMENDATION:

Adopt a Resolution to approve an amendment to the Easement Deed and Agreement between the City of San Mateo and All American Self Storage, L.P. modifying the Public Utility Easement for the Wastewater Treatment Plant site; and authorize the Mayor to execute the amendment in substantially the form presented.

BACKGROUND:

The Wastewater Treatment Plant (WWTP) Upgrade and Expansion Project ("Project") consists of several new treatment process facilities and a new administration building currently under construction on the previously undeveloped parcel on Detroit Drive, as well as upgrades and enhancements to the existing WWTP facilities. All American Self Storage, L.P. (AAS) is a self-storage business located directly across Detroit Drive from both the existing and new WWTP Project site. The Project obtained multiple easements from AAS for the placement of wastewater infrastructure and for construction access.

AAS previously granted the City a permanent and exclusive public utility easement under the Easement Deed and Agreement (“Agreement”) executed on January 23, 2021, and recorded in the County of San Mateo Recorder’s Office on February 12, 2021, as Document Number 2021-024495. The Agreement provided the City the rights to construct, operate, and maintain permanent subsurface sanitary sewer transmission pipelines and appurtenances in that portion of the easement area. Pursuant to its rights under the Agreement, the City’s Contractor has completed construction of multiple subsurface sewer pipelines.

The purpose of the proposed Amendment is to accommodate additional ancillary pipelines and other public utilities, such as an irrigation system and communications fiber optics within the existing public utilities easement. These additional utilities are to be installed in the easement area to facilitate operation and maintenance of the City facilities and surrounding infrastructure. The City and AAS have agreed on the proposed amendment, at no additional cost to the City.

Staff recommends approval of the Amendment.

BUDGET IMPACT:

All costs associated with the execution and recordation of the Amended Easement Deed and Agreement are included in the WWTP Upgrade and Expansion (46t003) Project budget.

ENVIRONMENTAL DETERMINATION:
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CITY OF SAN MATEO
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 City 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 an Addendum 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 – Proposed Resolution
Att 2 – First Amendment to Easement Deed and Agreement
Att 3 – (Original) Easement Deed and Agreement

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
650-522-7280
Deryk Daquigan, Deputy Director of Public Works
[email protected]
(650)522-7287
Matt Fabry, Director of Public Works
[email protected]
(650) 522-7309
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

WASTEWATER TREATMENT PLANT UPGRADE AND EXPANSION PROJECT

FIRST AMENDMENT TO EASEMENT DEED AND AGREEMENT (PUBLIC UTILITY EASEMENT) WHEREAS, Wastewater Treatment Plant Upgrade and Expansion Project ("WWTP Project") consists of several new treatment process facilities and a new administration building currently under construction on the previously undeveloped parcel on Detroit Drive, as well as upgrades and enhancements to the existing WWTP facilities.; and
WHEREAS, All American Self Storage, L.P. (AAS) is a self-storage business located directly across Detroit Drive from both the existing and new WWTP Project site; and WHEREAS, the WWTP Project obtained multiple easements from AAS for the placement of wastewater infrastructure and for construction access; and
WHEREAS, AAS granted to the City a permanent and exclusive public utility easement (PUE) under the Easement Deed and Agreement (“Agreement”) executed on January 23, 2021, and recorded in the County of San Mateo Recorder’s Office on February 12, 2021, as Document Number 2021-024495; and WHEREAS, the Agreement provided the City the rights to construct, operate, and maintain, permanent subsurface sanitary sewer transmission pipelines and appurtenances in that portion of the PUE area; and WHEREAS, the proposed amendment to the Agreement is to accommodate additional, ancillary pipelines, and other public utilities to be installed in the said PUE area to facilitate the operation and maintenance of the City facilities and surrounding infrastructure; and WHEREAS, the City and AAS have agreed on the proposed amendment to the Agreement, at no additional cost to the City; and
WHEREAS, the City of San Mateo authorizes the Mayor to execute any and all documents required to effectuate this amendment to the PUE required for this project.

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

1. The City of San Mateo approves the First Amendment to the Easement Deed and Agreement between the City of San Mateo and All American Self Storage, L.P.; and authorizes the Mayor to execute any and all documents required to effectuate this amendment to the PUE required for this project.

2. 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, 191 of 407
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. 192 of 407
1 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Mateo
330 W. 20th Avenue
San Mateo, California 94403
(SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY)
Recording Fee: Exempt per Govt. Code 27383
Assessor’s Parcel Number: 033-441-240 portion

FIRST AMENDMENT TO

EASEMENT DEED AND AGREEMENT
(Public Utility Easement)
FOR VALUABLE CONSIDERATION, receipt and adequacy of which is hereby acknowledged, this First Amendment to Easement Deed and Agreement (“Amended Easement Agreement”) is entered into as of (“Effective Date”), by and between:

ALL AMERICAN SELF STORAGE, a California limited partnership, its successors and assigns, hereinafter the “Grantor”; and
the CITY OF SAN MATEO, a municipal corporation, hereinafter the “City” or “Grantee”.

Grantor and Grantee are sometimes referred to herein individually as a “Party” and together as the “Parties.”
A. Grantor previously conveyed to City a permanent and exclusive public utility easement by that certain Easement Deed and Agreement (“Easement Deed”), executed on January 23, 2021, and recorded in the County of San Mateo Recorder’s Office on February 12, 2021 as Document Number 2021-024495, which provided the City the rights to construct, operate, and maintain, permanent subsurface sanitary sewer transmission pipelines and appurtenances across, under, over, and upon that portion of lands of the Grantor subject to the public utility easement area, as more particularly described in Exhibits A and A-1, attached and incorporated by reference.

B. Pursuant to its rights under the Easement Deed, City installed sewer pipelines and stormwater pipelines to accommodate the Wastewater Treatment Plant Upgrade and Expansion Project (“Project”).

C. City intends to install additional, ancillary pipelines and other public utilities necessary to serve the Project (“Other Utilities”) and wishes to use the existing public utility easement for said purpose.

D. Pursuant to Section 9. Modification. of the Easement Deed, the Parties intend by this 193 of 407
3 Amended Easement Agreement for Grantor to convey to City the additional rights necessary for City to install, operate, and maintain the Other Utilities.

The Parties therefore agree to amend the Easement Deed as follows:

Section 1. Grant of Easement. Grantor hereby grants to City the Easement described in Exhibit A-1 for the purposes of installing, constructing, operating, maintaining, inspecting, replacing, removing and using sanitary and storm sewer and water pipelines; electric, gas, fiber optic, and other communications facilities; irrigation systems; and any other utilities as may be necessary to serve the Wastewater Treatment Plant, together with their appurtenances and rights of ingress and egress, across, under, over, and upon the Easement. The Easement and other rights granted herein shall be deemed to include such incidental rights as are reasonably necessary to use the Easement for the purposes provided herein. Grantee hereby covenants and agrees to promptly backfill any trench made by it within said easement and restore the surface of the impacted area as near as possible to its original condition. Grantor consents to Grantee and its officers, employees, and agents thereof, having the right to enter upon the Easement at any and all times with such tools and equipment as may be necessary or convenient for the exercise of the rights herein granted to Grantee. Grantee shall advise Grantor in writing at least ten days before any such work is going to be undertaken. All work done pursuant to this agreement shall be subject to review and approval by Grantor as to all restoration being properly completed. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the undersigned parties to the Easement Deed hereby execute and adopt this First Amendment to the Easement Agreement effective as of the date first set forth above. This Amendment may be executed in counterparts.

GRANTOR:

ALL AMERICAN SELF STORAGE
a California limited partnership
By: ___________________________________ By: __________________________________ William F. Kenney, General Partner Susan E. Kenney, General Partner Date: __________________________________ Date: ________________________________ By: ___________________________________
EDBN Holdings LLC
Kevin Nuckels, Manager
Date: __________________________________
GRANTEE:

CITY OF SAN MATEO
a municipal corporation
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4 By: ___________________________________ Date: ________________________________ Lisa Diaz Nash, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ ________________________________ City Clerk Linh Nguyen, Assistant City Attorney

ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ________ )
On __________________, 2024, before me, ________________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
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5 Signature _______________________________ (Seal)

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
Exhibit A
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8 Exhibit A-1
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9 Exhibit A -1 (continued)
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10 Exhibit A-1 (continued)
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8963 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Wastewater Treatment Plant Upgrade and Expansion Project Owner-Controlled Insurance Program – Policy Extension RECOMMENDATION:

Approve an extension to the City’s Owner-Controlled Insurance Program policy with Old Republic General Insurance Corporation to extend coverage for construction of the Wastewater Treatment Plant Upgrade and Expansion Project in an amount not to exceed $1,069,153, for a revised total not to exceed cost of $10,569,153; approve a contingency reserve in the amount of $350,000 for potential additional extensions; and authorize the City Manager to approve the policy extension in substantially the form presented and additional policy extensions within the contingency amount.

BACKGROUND:

The City is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvement projects that are currently under construction and intended to comply with the Cease and Desist Order. The WWTP Upgrade and Expansion Project (Project) is one of these projects, which will result in a new treatment plant for processing wastewater.

Construction of the Project by Sundt Construction, Inc. (Sundt) has been underway since May 2019. The Project is being delivered in three construction packages:
 Package 1 - Site Preparation: Work was substantially completed in July 2022  Package 2 - Foundation Piles: Work was substantially completed in January 2022  Package 3 - WWTP Process Facilities, Administration Building, and Maintenance Warehouse: In progress Insurance is a significant cost and risk management component of every Public Works construction project. Typically, the City specifies its certain insurance requirements in the construction contract, and the general contractor/subcontractors are responsible for obtaining insurance policies consistent with those requirements. Contractors' insurance premiums are considered part of the cost of the work and are therefore borne by the City.

For the Project, CWP staff (in coordination with the City Attorney's Office and Alliant Insurance Services, the City's insurance broker) opted for an Owner-Controlled Insurance Program (OCIP). Under an OCIP, the City assumes direct responsibility for purchasing the various insurance policies to cover the contractor/subcontractors' activities, such as commercial general liability, excess liability, and worker’s compensation. The OCIP also includes builder's risk/property coverage insurance. The OCIP is offered through the California State Association of Counties - Excess Insurance Authority (CSAC-EIA), a joint powers authority established for the purpose of developing and administering insurance and self215 of 407

CITY OF SAN MATEO
insurance programs, including OCIPs, for its member entities throughout California.

On June 3, 2019, City Council adopted a resolution to join the CSAC-EIA, approved the Joint Powers Agreement and Memorandum of Understanding Master Rolling OCIP with CSAC-EIA, designated the City Manager to serve as City's representative for all matters relating the City’s obligations as a member public entity of CSAC-EIA, and approved an agreement with Old Republic General Insurance Corporation in an amount not to exceed $9.5 million for OCIP coverage for the Project. This amount reflected the premiums for the various insurance policies covering all three construction packages of the Project. Also, the premiums were based on the original total construction value of $430,694,973 awarded for the three packages and set to expire on the original contractual Final Completion date of September 12, 2024.

On February 5, 2024, staff presented City Council with Project progress updates and shared key reasons that have caused cost increases and schedule delays. Based on information known at the time, staff reported the estimated construction cost to be approximately $471.6M at the completion of the Project anticipated to be in August 2025. Consequently, the OCIP policy needs to be updated for the cost and schedule changes, as applicable. This is typically done through a new endorsement to the existing policies in alignment with standard procedures for OCIP policy extension on construction projects. A sample policy extension endorsement is provided in Attachment 2.

The policy extension considers the estimated cost for the facilities that are still under construction and their associated completion dates. As noted above, Packages 1 and 2 are substantially completed, while Package 3 is still in progress. For Package 3, the current estimate for the total cost at completion is approximately $436 M; further cost and schedule breakdown is provided in Attachment 1. Based on these assumptions, Alliant Insurance Services submitted a proposal with additional premiums in the amount of $1,069,153 to extend the current OCIP policy through July 30, 2025. Staff, in coordination with the City Attorney's Office, find the proposal to be reasonable and recommend approval.

At the February 2024 Council meeting, staff clarified the current contractual Final Completion date for the Project is January 23, 2025 but with the delays, the latest anticipated project closeout for the Project is August 2025. At the same meeting, staff shared the estimated budget required to address the delays and complete the project. The requested OCIP policy extension is still aligned with the August 2025 timeframe and within the estimated budget, however, the Contractor is currently forecasting that project completion may be delayed to October 2025. In accordance with contract specifications and at the request of the project team, Sundt has provided a recovery schedule to attempt to meet the previously anticipated August 2025 project completion. However, the City’s OCIP may need to be updated and/or extended beyond July 30, 2025, should the schedule delays and cost increases materialize. In consultation with the City’s insurance broker, staff is recommending approval of a contingency reserve in the amount of $350,000 to account for potential additional policy extensions due to delays in final completion and/or increases in the construction costs.

BUDGET IMPACT:

Funding for the amendment will come from WWTP and Flow Management Upgrade and Expansion Project (46t003), which contains sufficient funds.

ENVIRONMENTAL DETERMINATION:

For the WWTP Project, 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 City 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 an Addendum to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – OCIP Policy Extension Proposal
Att 2 – Sample Policy Extension Endorsement
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CITY OF SAN MATEO

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
650-522-7280
Deryk Daquigan, Deputy Director of Public Works
[email protected]
650-522-7287
Matt Fabry, Director of Public Works
[email protected]
650-522-7309
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223 of 407

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8964 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Wastewater Treatment Plant Upgrade Engineering Services During Construction – Amendment & Contingency Increase RECOMMENDATION:

Approve Amendment No. 11 to the agreement with HDR Engineering, Inc. for additional engineering services during construction for the Wastewater Treatment Plant Upgrade and Expansion Project in the amount of $1,607,808 for a new total agreement amount of $18,095,235; increase the contingency reserve by $320,000 for a new total contingency amount of $3,664,000; and authorize the Public Works Director to execute the amendment and issue change orders within the contingency amount.

BACKGROUND:

The City is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvement projects that are currently under construction and intended to comply with the Cease and Desist Order. The WWTP Upgrade and Expansion Project (Project) is the largest of these projects, which will result in a new treatment plant for processing wastewater. The project designer is HDR Engineering, Inc. (HDR). As the project designer, HDR has also been contracted by the City to provide engineering services during construction (ESDC).

Construction of the Project by Sundt Construction, Inc. has been underway since May 2019. The Project is being delivered in three construction packages:
 Package 1 - Site preparation: Work was substantially completed in July 2022  Package 2 - Foundation piles: Work was substantially completed in January 2022  Package 3 - WWTP process facilities, Administration Building, and Maintenance Warehouse: In progress Below is the history of the HDR ESDC agreement and the ten amendments to date:
 June 2019, City Council approved an agreement with HDR to provide ESDC for Package 1 of the Project in the amount of $450,221.
 June 2020, City Council approved Amendment No. 1 to include ESDC for Package 2 in the amount of $419,830.  November 2020, City Council approved Amendment No. 2 to include ESDC for Package 3 in the amount of $12,273,376 and authorized a contingency reserve of $2,244,000 to address future scope needs.  Using the contingency budget from Amendment 2, the Public Works Director executed six additional amendments (Nos. 3 through 8) to HDR’s agreement.
 July 2023, City Council approved an increase in the contingency reserve by $1,100,000 to address additional scope needs.
 Using the increased contingency budget, the Public Works Director executed two additional amendments (Nos. 9 224 of 407
and 10) to HDR’s agreement.
 The total ESDC contract value awarded to HDR for Packages 1, 2, and 3, including the additional amendments using contingency funds is $16,487,427.
 Currently, the contingency budget is fully expended.

The project schedule for HDR’s ESDC services for the ongoing Package 3 assumed an end date based on the Contractor’s original construction schedule with estimated final completion in August 2024. The current contractual Final Completion date for the Project is January 23, 2025; however, at the February 5, 2024 Council meeting, staff indicated the full project closeout was anticipated to be in August 2025, based on information known at the time. The Contractor recently forecasted that project completion may be delayed to October 2025. Per the contract, the Contractor has been asked to provide a recovery schedule to try to reduce delays and maintain the August 2025 completion date.

Amendment No. 11 is for an extension of ESDC services including project management, resident engineer, startup and commissioning assistance, design modifications, cost estimating, and change order cost reviews, through approximately June 2025. HDR submitted a proposal in the not-to-exceed amount of $1,607,808. Staff believe this fee to be reasonable for the level of effort and expertise required. This amendment will bring the total fee of the agreement with HDR to $18,095,235.

As noted previously, there is no remaining contingency budget at this time. Staff requests approval for increasing the contingency reserve by $320,000 to address potential future scope needs. The requested contingency increase is based on an August 2025 project close-out timeframe but additional budget may be needed to successfully complete the Project should the potential schedule delays beyond August 2025 materialize. Staff will continue to closely monitor costs and potential changes, and work to manage the overall cost impact within the approved contingency budget.

BUDGET IMPACT:

Sufficient funds are available in the WWTP and Flow Management Upgrade and Expansion Project (46t003) to award Amendment No. 11 to HDR’s agreement for engineering services during construction and the increase the contingency reserve.

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 City 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 an Addendum 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. 11

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
650-522-7280
Deryk Daquigan, Deputy Director of Public Works
[email protected]
650-522-7287
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Matt Fabry, Director of Public Works
[email protected]
650-522-7309
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: CONSENT CALENDAR Account Number: 10-4661 File ID: 24-8965 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

High Voltage Streetlight Conversion (Phase 5) Project – Agreement RECOMMENDATION:

Approve an agreement with Columbia Electric, Inc. for construction of the High Voltage Streetlight Conversion (Phase 5) Project in the amount of $2,050,325; establish a contingency reserve in the amount of $315,000; 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 contingency amount.

BACKGROUND:

The High Voltage Streetlight Conversion (Phase 5) Project (Project) is part of the High Voltage Streetlight Conversion Program. The Project will convert three (3) high voltage streetlight circuits, consisting of 51 streetlights, to low voltage circuits. The Engineer’s Estimate for the project is $1,665,300. Project locations are shown in the attached Location Map (Attachment 2).

The project was advertised on June 6, 2024, and a total of two (2) bids were received and opened on July 2, 2024. The bids received are listed below in order of increasing bid amount.

CONTRACTOR BID AMOUNT
Columbia Electric, Inc. $2,050,325
Bay Area Lightworks, Inc. $2,860,500
The higher than estimated bid amounts appear to be driven by increased labor costs, most notably for electrical work.

Based on a review of the bids received, staff recommends for City Council to award the agreement to Columbia Electric, Inc. as the lowest responsive, responsible bidder. A bid from Bay Area Lightworks, Inc. was determined to be nonresponsive because of the omission of signed Addendum No. 1 (Acknowledgement Form), as required to bid.

Staff also recommends a $315,000 contingency (approximately 15% of contract value) to be established given the number of unforeseen changes made and requested by PG&E during construction on previous phases of the project. PG&E is a significant stakeholder to coordinate with and deliver these projects; their infrastructure and resources need to be taken into consideration and accommodated, which result in changes to the delivery of the projects. Some examples of these changes include: providing incorrect electrical service connection voltage (i.e. 120V vs 240V service); changing location of electrical service connection after approval of initial location; delays in providing initial approval of service connection locations; and request for City to consolidate multiple proposed service connections to one location. These requests have resulted in additional design rework, construction change orders, and delays for past contractors. 243 of 407

CITY OF SAN MATEO
BUDGET IMPACT:

Sufficient funds are available in the High Voltage Streetlight Conversion Project (No. 460040) to award this Phase 5 agreement in the amount of $2,050,325 and establish a contingency reserve of $315,000. There is one more phase in the High Voltage Streetlight Conversion program before the program is complete. Depending on what the construction bids come back at in the future for the remaining phase, there may be insufficient funds to complete the program.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement
Att 2 - Location Map

STAFF CONTACT
Kenny Tanaka, Assistant Engineer
[email protected]
650-522-7318
Mike Kato, Associate Engineer
[email protected]
650-522-7377
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Construction Contract Page 1 of 8
Rev 1/24 HIGH VOLTAGE STREETLIGHT CONVERSION (PHASE 5) PROJECT AGREEMENT WITH COLUMBIA ELECTRIC, INC.

FOR PUBLIC IMPROVEMENT
FOR
HIGH VOLTAGE STREETLIGHT CONVERSION (PHASE 5) PROJECT
CITY PROJECT NO. 460040-5
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 COLUMBIA ELECTRIC, INC., a California Corporation with offices at 1980 Davis Street, San Leandro, CA, 94577 (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:

High Voltage Streetlight Conversion (Phase 5) Project
CITY PROJECT NO. 460040-5

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of two million, fifty thousand, three hundred twenty-five dollars and zero cents ($2,050,325.00) in full payment for the work set forth above.

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 245 of 407
Construction Contract Page 2 of 8
Rev 1/24 HIGH VOLTAGE STREETLIGHT CONVERSION (PHASE 5) PROJECT 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.

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

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the 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.
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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.

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.

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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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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Rev 1/24 HIGH VOLTAGE STREETLIGHT CONVERSION (PHASE 5) PROJECT IN WITNESS WHEREOF, CITY OF SAN MATEO and COLUMBIA ELECTRIC, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Matt Fabry, PE
Public Works Director

CITY OF SAN MATEO
Date JoAnne Scruggs
Its Authorized Agent
President & CEO
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney

CITY OF SAN MATEO
Date
Attachments:

Exhibit A: Insurance Requirements
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Rev 1/24 HIGH VOLTAGE STREETLIGHT CONVERSION (PHASE 5) PROJECT 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:

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.

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 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.

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

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

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

1. 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).

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 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.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
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Rev 1/24 HIGH VOLTAGE STREETLIGHT CONVERSION (PHASE 5) PROJECT 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 City as a loss payee as their interest may appear.

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.

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 years after completion of contract work.

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

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 City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
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.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the 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.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond
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2. Performance bond

3. Payment bond

Special Risks or Circumstances
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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ATTACHMENT 2
HIGH VOLTAGE STREETLIGHT CONVERSION (PHASE 5)

PROJECT

LOCATION MAP
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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: 17 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 24-8971 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: August 19, 2024
SUBJECT:

Police Department Radio Replacement – Agreement
RECOMMENDATION:

Adopt a Resolution to use an alternative purchasing procedure in accordance with Municipal Code Section 3.60.070(h)(3) to approve an agreement with Metro Mobile Communications for the purchase of replacement handheld and mobile radios for the San Mateo Police Department in the amount of $721,055.83; authorize the Chief of Police to execute the agreement in substantially the form presented; and authorize the Chief of Police to issue change orders of up to $50,000 cumulatively and the City Manager to issue change orders in excess of $50,000 but not to exceed $100,000 cumulatively.

BACKGROUND:

The Police Department has approximately 150 handheld radios and 80 mobile car radios which are used by each on duty officer for communications with the dispatch center. These handheld radios generally have a lifespan of 5-7 years as an industry standard, while the mobile car radios have a lifespan of 10 years. The hand-held radios currently utilized by the Police Department were purchased in 2018 and are reaching their life expectancy. The mobile car radios were purchased in 2012 and are past their life expectancy. As the radios are failing and requiring repairs on a more frequent basis, replacement is recommended at this time. Further, the Department completed our radio infrastructure project in May.

The sound quality with the new infrastructure will be greatly increased once the handheld radios are upgraded in the field, enhancing the safety for both the officers and the public.

Thorough research has been conducted by staff and a combination of Kenwood radio models has been identified as the desired replacement for our current inventory of handheld radios. 125 of the 150 handheld radios purchased will be the more durable Kenwood VP8000 series to be used by sworn patrol. 25 of the handheld radios purchased will be from the Kenwood NX5300 series as a more cost-effective option for community service officers and vehicle abatement staff. We will also purchase 3 of the Kenwood multi band VP8000 radios for use during mutual aid incidents. Additionally, the purchase includes 80 Kenwood NX-5800BK mobile car radios and related mounting hardware. These products are designed for government and other critical users and will serve the Police Department well in the coming years.

Staff requests the Chief of Police be authorized to issue change orders of up to $50,000 cumulatively and the City Manager to issue change orders in excess of $50,000 but not to exceed $100,000 cumulatively. These thresholds are consistent with the dollar amounts set forth in the City’s current purchasing policy, and will streamline the administrative process should there be any unforeseen additional project expenses.

Approval of the purchase is requested pursuant to SMMC 3.60.070(h)(3), which allows the Council to use any purchasing process which is in the best interest of the City. Pricing for this type of radio equipment tends to be fairly standardized amongst retailers – it is unlikely that putting this purchase out to bid formally would result in significant differences in 254 of 407

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pricing. Metro Mobile Communications is a local vendor from whom we have purchased radio equipment in the past.

Staff has been pleased with their responsiveness to our needs and their customer service is exceptional. All of the radio programming is performed prior to shipment and no further services are provided after shipment. In the event that we needed to replace an item due to a warranty issue or take a piece of equipment in to have it repaired or serviced, using a local vendor will allow for the replacement/repair of this critical equipment to occur in the most expedient manner. In addition, Metro Mobile offers a 10% discount for San Mateo County Law Enforcement. For these reasons, staff believes it to be in the best interest of the City to proceed with procurement from Metro Mobile Communications.

BUDGET IMPACT:

Funding for this purchase has been secured in the adopted 2024-2025 Capital Improvement Program Budget (Project No. 513000).

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Kelly O’Keefe, Police Technical Services Administrator
[email protected]
(650) 522-7709
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RESOLUTION NO. ____ (2024)

APPROVING USE OF ALTERNATIVE PURCHASING PROCEDURE FOR PURCHASE OF REPLACEMENT

HAND HELD AND MOBLE RADIOS FOR THE POLICE DEPARTMENT
WHEREAS, the hand held and mobile radios utilized by the San Mateo Police Department were purchased in 2018 and 2012 respectively, and have reached the end of their useful life; and WHEREAS, thorough research was conducted and Kenwood radios have been identified as the desired replacement radios; and
WHEREAS, Municipal Code Section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the Council makes a finding concurrent with the award that the procedures are in the best interest of the City for that particular agreement.

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

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

2. Pursuant to Municipal Code Section 3.60.070(h)(3), it is found that the approval of the agreement to purchase radio equipment from Metro Mobile Communications is in the City’s best interest because Metro Mobile is a local retailer of the equipment, thereby allowing for replacement or repairs of this critical equipment to be conducted in the most expedient manner; because of the general consistency in pricing for these types of goods; and because staff has worked with Metro Mobile in the past and has been pleased with their responsiveness and exceptional customer service.

3. The purchase agreement in the amount of $721,055.83 is approved.

4. The Police Chief is authorized to execute the agreement. 256 of 407
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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: 18 Section Name: CONSENT CALENDAR Account Number: 10-6660 File ID: 24-8973 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Marina Library Structural Improvements Project – Amendment and Contingency Increase RECOMMENDATION:

Approve Amendment No. 4 with Siegel & Strain Architects for design professional services for the Marina Library Structural Improvements project in an amount not to exceed $506,694 for a new agreement amount of $903,551; increase the contingency reserve in the amount of $54,000 for a total contingency of $90,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

BACKGROUND:

The Marina Library Structural Improvements Project (Project) will implement critical improvements, including foundation stabilization with new helical piles and grade beams, re-leveling of the existing foundation and structures, and compliance with Americans with Disabilities Act (ADA) requirements. Additional improvements encompass the replacement of entrance and egress ramps, site drainage improvements, deck replacement, lighting (external and indoor), flooring, roof replacement, heating, ventilation, and air conditioning (HVAC) equipment, plumbing improvements, fire sprinkler and alarm systems, and electrical system replacement.

Siegel & Strain Architects (S&S) is currently under contract with the City for professional design services for the Project.

The scope of work initially covered the Pre-Design Phase and was subsequently expanded through Amendment No. 1 on December 8, 2023, to include architectural and facility analysis and schematic planning for construction. S&S has conducted a comprehensive building condition assessment, proposed a strategy for structural foundation work (including installation of helical piles), and developed protocols for pile testing and destructive testing to be completed during the Design Phase.

On February 20, 2024, Council approved Amendment No. 2, expanding S&S's scope of services to include conceptual design and structural construction bid documents. By June 2024, S&S completed the Conceptual Design Phase, which included an updated construction cost estimate. More recently, on July 22, 2024, staff executed Amendment No. 3 to advance the Project to the 50% Design Milestone.

Staff recommends approval of Amendment No. 4 to add scope of services to include and increase the budget by $506,694 for a new total amount not to exceed $903,551. This Amendment No. 4 includes additional tasks necessary to continue the Detailed Design Phase, complete 100% Construction Documents, and cover construction administration services throughout the rest of Project. The proposed contingency reserve increase (up to 10% of the agreement total) will allow staff to address any unforeseen scope needs.

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phases, they are uniquely positioned to continue delivering the Project's detailed design and provide the City support during construction. This Amendment No. 4 ensures continuity and efficiency in project execution, ensuring that the Project progresses smoothly toward its successful completion.

BUDGET IMPACT:

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

ENVIRONMENTAL DETERMINATION:

This Approval of Amendment No. 4 is not a project subject to CEQA, because the work associated with the Marina Library Structural Improvements Project is categorically exempt as an “existing facility,” in that it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 4

STAFF CONTACT
Karen Cornejo, Assistant Engineer
[email protected]
(650) 522-7576
Tina Pham, Senior Engineer
[email protected]
(650) 522-7305
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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: 19 Section Name: CONSENT CALENDAR Account Number: 21-4678 File ID: 24-8968 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Tuolumne County Resource Conservation District – Agreement RECOMMENDATION:

Approve an agreement for a term from September 2, 2024, to June 30, 2025, with the Tuolumne County Resource Conservation District for compost procurement services in the amount of $3,600 and authorize the City Manager to execute the agreement in substantially the form presented.

BACKGROUND:

Senate Bill 1383 (SB 1383) is a short-term climate pollutants reduction act reducing greenhouse gas emissions (methane) generated from landfilling organics.

To build a market for the organics diverted from landfills, the City is required to procure recycled organics products such as compost, mulch, and renewable natural gas.

The City’s annual recycled organics procurement target is 8,244 tons. The target is based on a calculation multiplying the per capita procurement target (a defined value of .08 tons of organic waste estimated to be generated per California resident per year) by the City’s 2021 population of 103,045. Jurisdictions have the flexibility to procure a variety of products to meet their local needs, including transportation fuel, electricity, and heat from renewable gas, electricity from biomass conversion, compost, and mulch.

Currently, the only SB 1383 compliant recycled organic product available to the City is compost. In 2023, through compost giveaways at the City’s Corporation Yard and Wastewater Treatment Plant and the City’s participation in the Countywide Compost Broker Partnership with the San Mateo Resource Conservation District, the City procured 574 tons, leaving a gap of 7,670 tons.

To bridge the gap and meet the annual procurement target, the City, must contract with the agricultural community in other regions of California to procure SB 1383-complaint compost and find appropriate sites for its application.

SB 1383 allows the City to enter into “direct service provider” agreements with entities for the purpose of procurement of recycled organic waste, such as compost, provided a written contract or agreement is in place for such procurement.

This proposed agreement with the Tuolumne County Resource Conservation District is such an agreement and is a first step to meeting the City’s annual target with the agricultural community in Tuolumne County. The agreement will provide for procurement of 60 cubic yards of SB 1383-compliant compost toward the City’s target and is based on the successful Countywide Compost Broker Program the City, along with all the jurisdictions in the County, developed in response to SB 1383. Pursuant to the City Policy, all intergovernmental agreements require City Council approval. 281 of 407

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Staff is working to increase this agreement in the coming months and to secure direct service provider agreements with other Resource Conservation Districts in the state.

BUDGET IMPACT:

There are sufficient funds in the Solid Waste Fund Operating Budget to fund this Agreement.

ENVIRONMENTAL DETERMINATION:

An agreement with the Tuolumne County Resource Conservation District to assist the City in procuring compost to meet the City’s annual compost procurement target is not a project subject to CEQA, because it can be seen with certainty that approval of this agreement will not cause a direct physical change, or a reasonably foreseeable indirect change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Jack Johnson, Waste Management Supervisor
[email protected]
6505227346
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Rev 12/22

AGREEMENT WITHTHE TUOLUMNE COUNTY RESOURCE CONSERVATION DISTRICT FOR SB 1383 RECYCLED ORGANICS PROCUREMENT SERVICES FOR THE SB 1383 ANNUAL RECYCLED ORGANICS PROCUREMENT TARGET
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 the Tuolumne County Resource Conservation District, a special district ("CONTRACTOR"), whose address is 81 North Washington Street, Suite B, Sonora, CA 95370.

RECITALS:

A. CITY desires certain SB 1383 procurement services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

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

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

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

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

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

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

CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work. 283 of 407
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on September 2, 2024 and be completed on June 30, 2025.

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

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

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

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

SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement. 284 of 407
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SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

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

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It 285 of 407
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is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

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

SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

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

To CITY: Jack Johnson
City of San Mateo
330 W. 20th Street
San Mateo, CA 94403
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To CONTRACTOR: Tuolumne County Resource
Conservation District
Attn: Matthew Lunn
81 N. Washington St.

Suite B
Sonora, CA 95370
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

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

Exhibit A: Scope of Services
Exhibit B: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
In consideration of the payments set forth in this agreement, Contractor shall provide the following services:

In the capacity of a SB1383 direct service provider, the Contractor shall procure 60 cubic yards of compost purchased from an SB1383 compliant composting facility and shall document the purchase, delivery, and application of the compost on land, and provide receipts/invoices to the City.
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EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

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 Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. 290 of 407
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 291 of 407

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: 20 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 24-8980 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Police Department Motorcycle Replacement - Contract
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a purchase contract with National Auto Fleet Group, a Division of Chevrolet of Watsonville, for the purchase of four (4) new BMW RT 1250 police specification motorcycles in the total amount not to exceed $165,582.83; establish a contingency reserve in the amount of $20,000; and authorize the Public Works Director to issue change orders and execute the purchase contract in substantially the form presented.

BACKGROUND:

The City of San Mateo’s Police Department (SMPD) operates a fleet of motorcycles within the police traffic division. These motorcycles are utilized for traffic enforcement as well as special assignment details, often operating in high visibility of the public, performing honor guards, funeral processions, public outreach, as well as security detail for presidential and dignitary motorcades. Recent special deployments include APEC Summit presidential motorcade, Special Olympics Torch Run, parade escorts, and elementary school bicycle rodeos.

The replacement of police vehicles is critical to provide safe transportation during the execution of police duties.

Additionally, police motorcycles provide a unique platform for community outreach and engagement. The SMPD is requesting the replacement of four (4) motorcycles that have exceeded their useful life with new BMW RT 1250 motorcycles. The BMW RT 1250 meets the specifications set forth by SMPD and has been found to be a safe, efficient, and effective motorcycle platform for SMPD. The BMW RT 1250 is the preferred motorcycle utilized by many other state and local law enforcement agencies including Los Angeles and Sacramento Police Departments.

As part of the transition to a Green Fleet, staff continually research electric options during the procurement process and aim to replace vehicles with alternative-fueled vehicles when available. At this time a viable EV police motorcycle platform is unavailable. When an electric version is not available, staff evaluates all options and selects the most suitable option currently available. The BMW RT1250 has been found to be fuel efficient, low emission, and offers quieter operation, which in turn reduces noise pollution.

San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. Sourcewell (formerly NJPA) is a government organization that solicits, receives, and reviews competitive bids for various specialty equipment, including the BMW RT 1250 motorcycle. Sourcewell has conducted competitive, public bids to select vendors to achieve competitive pricing and has selected National Auto Fleet Group as one of their vendors. National Auto Fleet Group is authorized to sell BMW motorcycles through SourceWell and will fulfill the purchaser order on behalf of BMW Motorcycles based on the 292 of 407

CITY OF SAN MATEO
Sourcewell contract. Therefore, the purchase of four (4) new BMW RT 1250 motorcycles from National Auto Fleet Group is in the best interest of the City because the BMW RT 1250 motorcycle is the recommended replacement for the existing SMPD motorcycles and the City may rely on bids obtained from Sourcewell because it has solicited, received, and reviewed competitive bids for the desired BMW motorcycle through its cooperative purchasing program.

Based on the above, staff recommends the purchase of (4) new BMW RT 1250 motorcycles from National Auto Fleet Group. A contingency reserve, in the amount of $20,000, is requested to cover possible market fluctuation and ancillary items.

BUDGET IMPACT:

This purchase contract will be funded from the Vehicle and Equipment Replacement Fund. Sufficient funding is available.

ENVIRONMENTAL DETERMINATION:

This purchase contract is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the purchase of four replacement police motorcycles may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Purchase Contract

STAFF CONTACT
Daniel Heffelfinger, Fleet Services Supervisor
[email protected]
650 522-7366
Deryk Daquigan, Public Works Deputy Director
[email protected]
650 522-7287
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE OF FOUR (4) NEW BMW RT 1250 POLICE SPECIFICATION MOTORCYCLES WITH NATIONAL

AUTO FLEET GROUP, A DIVISION OF CHEVROLET OF WATSONVILLE WHEREAS, the City Council is being asked to award a contract for the purchase of four (4) new BMW RT 1250 police specification motorcycles in the amount of $165,582.83; and WHEREAS, the City of San Mateo’s Police Department (SMPD) operates a fleet of motorcycles within the police traffic division; and
WHEREAS, the four (4) new BMW RT 1250 police motorcycles with the specifications and capabilities meet the requirements of the City; and WHEREAS, the BMW RT1250 has been found to be fuel efficient, low emission, and offers quieter operation, which in turn reduces noise pollution; and WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures when it is in the best interest of the City; and
WHEREAS, Sourcewell (formerly NJPA) offers services to make the government procurement process more efficient through cooperative purchasing: and WHEREAS, use of Sourcewell – Contract #091521-NAF offers competitive pricing of BMW RT 1250 police motorcycles; and
WHEREAS, National Auto Fleet Group is the sole authorized dealership in Northern California for the four (4) new BMW RT 1250 police specification motorcycles; and WHEREAS, National Auto Fleet Group is agreeable to fulfilling Sourcewell - Contract #091521-NAF for the BMW RT 1250 police motorcycle; and
WHEREAS, based on these circumstances, staff recommends approval of the purchase of four (4) new BMW RT 1250 police specification motorcycles from National Auto Fleet Group because it is in the best interest of the City without standard competitive bid practice.

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

1. The purchase of four (4) new BMW RT 1250 police specification motorcycles is not a project subject to CEQA because it can be seen with certainty that there is no possibility that the purchase of replacement police motorcycles may have a significant effect on environment. (CEQA Guidelines Section 15061(b)(3).)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of four (4) new BMW RT 1250 police specification motorcycles from National Auto Fleet Group based on pricing from Sourcewell is in the City’s best interest for these reasons:
294 of 407
a. BMW RT 1250 police specification motorcycles are the sole manufacturer for the San Mateo police Department’s desired vehicle; and
b. Sourcewell competitively bid the contracts to provide the listed vehicle and BMW RT 1250 police specification motorcycle was selected; and c. The City has obtained competitive pricing for four (4) new BMW RT 1250 police specification motorcycles through Sourcewell – Contract #091521-NAF which will be fulfilled by National Auto Fleet Group.

3. The purchase of four (4) new BMW RT 1250 police specification motorcycles in the amount of $165,582.83 and establishment of a contingency reserve in the amount of $20,000 is approved.

4. The Public Works Director is authorized to execute the purchase contract in substantially the same form on behalf of the City and to issue change orders within the contingency reserve.
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Purchase Contract for Goods Page 1 of 8
Rev 1/24

PURCHASE CONTRACT
FOR FOUR (4) NEW BMW RT 1250 POLICE MOTORCYCLES

FROM NATIONAL AUTO FLEET GROUP, A DIVISION OF CHEVROLET OF WATSONVILLE This Purchase Contract (“Contract”), made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and National Auto Fleet Group, a Division of Chevrolet of Watsonville(“VENDOR”) RECITALS:

A. CITY desires to purchase certain BMW RT 1250 Police Motorcycles hereinafter described.

B. CITY desires to engage VENDOR to provide these BMW RT 1250 Police Motorcycles by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.

This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

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

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

All shipments shall be F.O. B. City of San Mateo Fleet Office Attn: Daniel Heffelfinger 1961 Pacific Blvd.

San Mateo Ca. 94403. Transportation charges shall be shown as a separate item on the invoice.

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

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

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

SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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Purchase Contract for Goods Page 4 of 8
Rev 1/24
SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

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

SECTION 15 - WAIVER
The waiver 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 18 - MEDIATION
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
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Purchase Contract for Goods Page 5 of 8
Rev 1/24
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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

To CITY: City of San Mateo
Attn: Daniel Heffelfinger,
Fleet Services Supervisor
1961 Pacific Blvd.

San Mateo Ca 94403
To VENDOR: National Auto Fleet Group
Attn: Jesse Cooper
490 Auto Center Drive
Watsonville, CA, 95076
SECTION 21 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]
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Purchase Contract for Goods Page 6 of 8
Rev 1/24
IN WITNESS WHEREOF, CITY OF SAN MATEO and National Auto Fleet Group a Division of Chevrolet of Watsonville have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Matt Fabry
Public Works Director
Date Jesse Cooper
Account Manager
Its Authorized Agent
National Auto Fleet Group
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
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Purchase Contract for Goods Page 7 of 8
Rev 1/24
Exhibit A
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Purchase Contract for Goods Page
8 of 8
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303 of 407
304 of 407
305 of 407

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: 21 Section Name: CONSENT CALENDAR Account Number: 05-5561 File ID: 24-8981 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

City Wide In-Person Safety Training – Amendment
RECOMMENDATION:

Approve Amendment No. 2 to the professional consultant services agreement with Du-All Safety, LLC, for in-person safety training of City employees; increase the agreement by $240,000, for a new not-to-exceed total amount of $360,000; approve a contingency reserve increase of $40,000, for a new contingency total of $52,000; extend the term of the agreement through August 31, 2026; and authorize the Public Works Director to execute the amendment in substantially the form presented and execute amendments within the contingency amount, including no-cost time extensions.

BACKGROUND:

In order to meet California Occupational Safety and Health Administration requirements, the Public Works Department (PW) must establish and maintain a department safety training program. The City has been using Du-All for safety training since 2011.

In 2022, Public Works and Parks and Recreation jointly developed and issued a Request for Proposals (RFP) to revamp the safety training program to provide more in-house training capacity through City-owned computer-based training modules and Standard Operating Procedures. This would limit in-person safety trainings to those required by statute or that are most appropriate to be done in an in-person environment. The City selected DKF Solutions Group (DKF) as the most responsive and qualified consultant to support the City's training program transition and executed an agreement for the one-time development of computer-based training modules and Standard Operating Procedures. DKF provided the computer-based trainings but subcontracted the live in-person training to Du-All Safety, LLC (Du-All). It was anticipated that DKF would provide services for three years; however, last year the supplier informed City staff that due to workload considerations, they would be unable to continue providing safety program assistance.

Given that DKF was no longer able to provide the safety program assistance, staff recommended an agreement directly with Du-All for the in-person safety training services. An agreement was approved by City Council on November 23, 2023, and executed on February 6, 2024. Amendment No. 1 of the agreement extended the term of the agreement to August 31, 2024.

Du-All’s scope of work is considered professional services since it consists of specialized training services similar to those previously provided to the City and has a team of instructors that can conduct both classroom and “hands on” training, as required. Staff and trainees have been very satisfied with the services provided by Du-All.

Based on the above, staff recommends approval of Amendment No. 2 with Du-All Safety, LLC. 306 of 407

CITY OF SAN MATEO
BUDGET IMPACT:

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

ENVIRONMENTAL DETERMINATION:

This Council action is exempt from CEQA, in that it can be seen with certainty that there is no possibility that safety training for City employees may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).) NOTICE PROVIDED:

All meeting noticing requirements were met.

ATTACHMENTS:

Att 1 – Amendment No. 2
STAFF CONTACT:

Tony Baltodano, Public Works Field Maintenance Manager
[email protected]
650-522-7359
Matt Fabry, Director Public Works
[email protected]
650-522-7309
307 of 407
Contract Amendment Page 1 of 2
CAO Approved June 2024
AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
DU-All SAFETY LLC FOR

SAFETY PROGRAM SUPPORT SERVICES AND TRAINING
($120,000 [Original amount]; $0 [Amendment 1]; $240,000 [Amendment 2]) This Amendment is made and entered into this day of _____________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and Du-All Safety LLC, a corporation ("CONSULTANT").

WHEREAS, on February 6, 2024, CITY and CONSULTANT entered into an Agreement for professional services; and
WHEREAS, on May 22, 2024, CITY and CONSULTANT executed Amendment No. 1, which extended the term of the Agreement; and
WHEREAS, CITY and CONSULTANT wish to amend the Agreement to extend the term and increase compensation by $240,000, for a new total not to exceed amount of $360,000.

NOW, THEREFORE, the Parties agree as follows:

1. Section 4 - “Term” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence upon execution of the agreement and be completed on August 31, 2026.”

2. Section 5 - “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $360,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
CAO Approved June 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT, have executed this Amendment on ___________________
CITY OF SAN MATEO DU-All SAFETY LLC
Matt Fabry
Public Works Director
Date Michael Connelly
Its Authorized Agent
Director of Operation
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Lihn Nguyen
Assistant City Attorney
Date Date
309 of 407

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: 22 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 24-8996 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 19, 2024
SUBJECT:

Clean Water Program – Program Management Contingency
RECOMMENDATION:

Approve an increase to the contingency reserve associated with Amendment No. 9 to the agreement with CH2M Hill Engineers, Inc., for program management services for the Clean Water Program, in the amount of $250,000, for a revised contingency reserve of $1,697,000; and authorize the Public Works Director to execute amendments within the contingency amount.

BACKGROUND:

The Clean Water Program (CWP) is a $1 billion capital improvement program necessary to replace aging infrastructure in the wastewater treatment plant and collection system to meet regulatory requirements. On October 20, 2014, Council approved a professional services agreement with CH2M Hill Engineers, Inc. (CH2M) to provide program management for the Clean Water Program for one year with automatic extensions for five additional years, with scope and funding for subsequent years to be authorized annually by the City Council. Council authorized the scope of services for Years 2 through 10 under Amendment Nos. 1 through 9, respectively. The scope and funding for each program year has been jointly developed and negotiated between City and CH2M staff, with annual authorization by Council. Each program year, the amendment term and Program year typically starts in November and ends in October.

The latest approved Amendment No. 9 increased the scope of services and funding for the current Year 10 of the contract.

Year 10 services have continued to focus on project delivery, shifting the final capacity improvement and flow management projects from design phase to construction phase, and project completions. Tasks include program administration, program controls, engineering and project management, construction management and inspection, environmental and permitting support, and public outreach. When Amendment No. 9 was approved by Council in October 2023, the following projects were planned to be in design; start or in construction; or complete construction during the current Year 10:
 In Design: WWTP Annual Major Components (various packages); Basin C and Basin D Sewer Rehabilitations  Starting or In Construction: WWTP Upgrade & Expansion (Package 3); WWTP Immediate Action Projects (IAP), Package 3; WWTP Annual Major Components (various packages); Basins 2 & 3 – El Camino Real Capacity Improvements; East San Mateo Lift Station Improvements, Package 2; and Basin B Sewer Rehabilitation  Scheduled for Anticipated Construction Completion: IAP, Package 2; WWTP Annual Major Components (various packages); Basin A and E Sewer Rehabilitations; Basins 2 & 3 – Underground Flow Equalization System Project, Dale Avenue Pump Station Improvements, and Delaware Street Relief Sewer As part of Council’s October 16, 2023 approval of CH2M’s latest Amendment No. 9, a $1,487,000 contingency reserve was 310 of 407

CITY OF SAN MATEO
approved for Year 10, which was based on estimated costs of additional project/construction management services the City may require if there are delays to active construction projects. This contingency budget also accounted for general risks associated with program/project delivery and unanticipated scope that may arise through Year 10.

Since the start of Year 10, majority of the contingency reserve has been utilized to increase scope and budget due to delays in projects or newly identified scope required to complete a successful Program year. To date, contingency reserve has been utilized for additional program controls services due to the City’s transition to Workday; WWTP and collection system project and construction management due to delays in design and construction of various projects; hydraulic modeling services to support the development of Standard Operating Procedures of the new infrastructure, evaluation of sewer bypassing strategies, and review of peak wet weather meter readings to support compliance of interagency sewer service agreements; SCADA systems support to ensure staff have the ability to control, monitoring, and analyze the new facilities; and environmental compliance inspections due to bird nestings in construction areas. The remaining contingency balance is $139,251, which may not be sufficient to address any remaining risks or unanticipated scope needs for Year 10 of the CWP.

The requested $250,000 contingency increase is based on estimated costs of additional services the City may be required to support the Program delivery and ensure existing/new facilities are operating as intended. Additional contingency may be required to prepare for the startup and commissioning of the new facilities. CWP staff have coordinated with WWTP operations staff and design engineers to forecast the necessary services, equipment, and materials required to run the new facilities; additional support may be required to validate previously estimated operational budget forecasts required to operate and maintain the thousands of new assets/equipment that the CWP is adding to the wastewater treatment and collection system. In addition, experienced operations staff will eventually be required to operate the existing WWTP facilities to allow City operations staff to learn and start operating the new facilities; on-call operations services may also be utilized to support City needs. A separate Request for Proposals (RFP) for these operational services is currently in the advertisement process. Operations services may also be requested to evaluate the WWTP staffing and scheduling plans for when the new facilities become operational to ensure City staff resources are being utilized effectively and efficiently.

BUDGET IMPACT:

Funding for this additional contingency amount is available within the various capital improvement project accounts that CH2M staff provide program and project management services for, which include: 469981, 469988, 46s003, 46s005, 46s090, 46s091, 46s092, 46s093, 46t003, 46t009, 46t010, and 46t090. The WWTP operating budget may also be utilized.

ENVIRONMENTAL DETERMINATION:

Council approval of a contingency increase associated with Amendment No. 9 to the Agreement between the City and CH2M is exempt from CEQA review because the potential use of contingency to increase continued program management can be seen with certainty that there is no possibility that the management services may have a significant effect on the environment. (CEQA Guidelines section 15061(b)(3).) In addition, the City prepared a Final Programmatic Environmental Impact Report (Final PEIR) for the Clean Water Program 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).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None.

STAFF CONTACT
Deryk Daquigan, Deputy Public Works Director
[email protected]
(650) 522-7287
311 of 407

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: 23 Section Name: CONSENT CALENDAR Account Number: 10-6611 File ID: 24-9003 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Library Department
MEETING DATE: August 19, 2024
SUBJECT:

Library Materials Acquisition – Amendment
RECOMMENDATION:

Approve an amendment to the agreement with Baker & Taylor for a 3-year extension to be the primary vendor to provide library materials including books, audiobooks, DVDs, CDs and customized collection development services in the amount not to exceed $500,000 annually for fiscal years 2024-25, 2025-26, and 2026-27 and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

A Request for Quotation (RFQ) process was conducted in 2015 for a primary Library materials vendor. Vendor proposals were assessed and ranked on the following elements: customer support, range of inventory, collection development services, processing and cataloging services, pricing and fulfillment rates. Pricing was very similar among respondents.

Baker & Taylor received the highest ranking among the competing vendors. The original agreement was signed in 2015 and the Library exercised the 3-year extension in 2018. The agreement was renewed in 2021 with condition to extend it for an additional 3 years. The Library seeks to exercise the 3-year extension due to Baker & Taylor's continued responsiveness and reliability.

A new RFQ process was deemed unnecessary at this time, since other vendors do not meet the Library’s criteria for services, price, and communication. Baker & Taylor is the primary vendor for ordering library collections with the most reliable services compared to other vendors and is the largest vendor providing customized library services such as preprocessing of the materials for cataloging and end processing.

The Library seeks approval to extend the agreement under the same terms and conditions for fiscal years 2024-25, 2025- 26, and 2026-27. Baker & Taylor continues to be the most qualified vendor for Library services.

BUDGET IMPACT:

This agreement will generate a blanket purchase order with upper limit of $500,000 annually and funds have been planned and allocated into the Library's budget.

ENVIRONMENTAL DETERMINATION:

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

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

ATTACHMENTS
Att 1 - Amendment
Att 2 – Agreement

STAFF CONTACT
Marcia Mendonca, Senior Management Analyst
[email protected]
6505227805
James Moore, City Librarian
[email protected]
(650) 522-7802
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Contract Amendment Page 1 of 2
CAO Approved June 2024
AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND BAKER & TAYLOR TO

PROVIDE LIBRARY MATERIALS AS PRIMARY VENDOR
($500,000 ANNUAL UPPER LIMIT)
This Amendment is made and entered into this day of August 20, 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and BAKER & TAYLOR ("VENDOR”).

WHEREAS, City and Baker & Taylor wish to amend the Agreement effective August 20, 2024 to extend the term of this Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. Section 4 - Term of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on 16 August 2021 and be completed on or about 19 August 2027.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
CAO Approved June 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and BAKER & TAYLOR have executed this Amendment on ___________________.

CITY OF SAN MATEO VENDOR
Alex Khojikian
City Manager
Date Jennifer Rhyne
Its Authorized Agent
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Bahareh Abdollahi
Assistant City Attorney
Date Not Applicable Date
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 24 Section Name: CONSENT CALENDAR Account Number: 10-3133 File ID: 24-9016 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: August 19, 2024
SUBJECT:

Worker Resource Center at 171 North Amphlett Boulevard – Lease Amendment RECOMMENDATION:

Adopt a Resolution to appropriate $5,000 from the General Fund to the Worker Resource Center Fund to cover the additional cost of leasing the property at 171 North Amphlett Boulevard; approve Amendment No. 1 to the lease agreement for the property at 171 North Amphlett Boulevard for a period of one year at the rate of $5,627.54 per month for use as the Worker Resource Center; and authorize the City Manager to execute the lease amendment in substantially the form presented.

BACKGROUND:

The Worker Resource Center (WRC) is a facility that links day laborers to potential employers. The facility was established in order to address the issue of day laborers congregating on the street and to provide services to help them negotiate a fair wage for their work. The WRC has been located at 171 North Amphlett Boulevard (171 N. Amphlett) since 2020. The WRC previously operated out of a repurposed trailer on the City-owned surface parking lot at 5th Avenue and Railroad Avenue, prior to the redevelopment of the site as a parking garage as part of the Kiku Crossing affordable housing development.

The City contracts with Samaritan House to staff and operate the WRC and provides them with the facility for their use.

The term of the current operations contract with Samaritan House, with a not-to-exceed amount of $195,000 per year, runs through June 30, 2025.

On August 17, 2020, the City Council approved the lease of the 2,700 square-foot commercial space located at 171 N.

Amphlett at a rate of $5,000 per month for the space, plus an additional $410.39 per month for common area maintenance fees, for a total annual cost to the City of $64,925. The lease is a triple net lease, which means that the City is responsible for the utility costs and for any minor interior repairs, such as plumbing or electrical issues in the space.

Since the FY2020-21 Budget cycle, funds for the lease have been budgeted in the Community Development Department’s General Fund budget for the Worker Resource Center. The lease contained an option for three one-year extensions, with an increase of 3 percent for each extension. The third and final extension under the current lease expires August 31, 2024.

The current (2023-24) rent plus common area maintenance fees is $5,912 per month, or $70,952 for one year.

The owner of 171 N. Amphlett has agreed to continue to rent the space to the City for operation of the WRC for an additional 12-month period under the same terms as the current lease, with a three percent increase in the monthly rent and common area expenses. Samaritan House is also supportive of continuing to operate the WRC out of the 171 N.

Amphlett space. The lease rate of $5,627.54 per month for the space, plus an additional $462 per month for common area 353 of 407

CITY OF SAN MATEO
maintenance fees, results in a total annual cost of $73,075.

Staff recommends that the City Council approve the lease extension, as this will allow Samaritan House to continue operating the WRC without disruption and bring the lease term into alignment with the term of the operations agreement with Samaritan House, which runs through June 30, 2025.

As part of Community Development’s Fiscal Year (FY) 2024-25 Budget, $69,000 from the General Fund were allocated to fund the continued lease of this building for use as the WRC. To fund the three-percent increase, an additional appropriation of $5,000 from the General Fund, for a total annual cost of $74,000, is necessary to support monthly rent and common area expenses for the full 12-month lease period. A resolution for a supplemental appropriation of $5,000 is included as Attachment 1 and the Lease Agreement Amendment is included as Attachment 2.

During this 12-month period, staff will work with the owner of 171 N. Amphlett and Samaritan House to negotiate a new lease and operations agreement and return to the City Council in the spring/summer of 2025 to seek approval of these agreements.

BUDGET IMPACT:

The negotiated lease rate is $5,627.54 per month for the space plus an additional $462 per month for common area maintenance fees. The total annual cost to the City is $73,075 from the General Fund. In Community Development’s FY 2024-25 Budget, $69,000 from the General Fund was appropriated to pay for costs associated with the rental of 171 N.

Amphlett. The attached resolution appropriates an additional $5,000 from the General Fund to cover the full 12-month lease period.

ENVIRONMENTAL DETERMINATION:

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

All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Amendment No. 1 to the Lease Agreement for 171 North Amphlett Boulevard

STAFF CONTACT
Rachel Horst, Housing Manager
[email protected]
(650) 522-7223
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROPRIATING FUNDS FOR ADDITIONAL FUNDS TO LEASE THE COMMERCIAL SPACE AT 171 NORTH

AMPHLETT BOULEVARD FOR THE WORKER RESOURCE CENTER
WHEREAS, Samaritan House operates the San Mateo Worker Resource Center (WRC), a facility that connects day laborers in the City with potential employers; and WHEREAS, the City supports the WRC via an operations contract with Samaritan House and provides the facility out of which the WRC is operated; and
WHEREAS, on August 17, 2020, the City Council approved the lease (Lease) of the commercial space located at 171 North Amphlett Boulevard (171 N. Amphlett) at a rate of $5,000 per month for the space, plus an additional $410.39 per month for common area maintenance fees, for a total cost to the City of $64,925; and WHEREAS, the Lease allowed for up to three (3) one-year extensions, though August 31, 2024; and WHEREAS, the owner of 171 N. Amphlett has agreed to continue leasing the space to the City for operation of the WRC by Samaritan House through an amended lease allowing for a one-year term, from September 1, 2024 to August 31, 2025; and
WHEREAS, the monthly rental rate of $5,627.54 reflects an increase of three percent from the prior year, not including maintenance costs of $462 per month; and WHEREAS, $69,000 from the General Fund was appropriated in Community Development’s Fiscal Year 2024-25 Budget for the rental of 171 N. Amphlett for the WRC; WHEREAS, an additional appropriation of $5,000 is necessary to cover the increased rent and maintenance costs.

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

1. This fund appropriation is not a project of CEQA because it is an organizational or administrative activity that will not impact the environment (CEQA Guidelines Section 15378(b)(5).

2. The appropriation of $5,000 from the General Fund (Fund 100) to pay the monthly rent and maintenance costs at 171 N. Amphlett for one year is approved. 355 of 407
1 st AMENDMENT TO LEASE
THIS AMENDMENT IS MADE THIS 8th DAY OF AUGUST 2024 TO THAT CERTAIN LEASE AGREEMENT DATED AUGUST 4, 2020 (THE “LEASE”), BY AND BETWEEN Sakai Family Partnership, (“LESSOR”), AND City of San Mateo, Inc (“LESSEE”) FOR THOSE PREMISES LOCATED AT 171 N Amphlett Blvd, San Mateo, CA 94401.

WHEREAS, on August 4th 2020, Lessor leased to Lessee certain real property known as 171 N Amphlett Blvd, San Mateo, CA 94401 (Originating Lease) for a term of one year (Lease Term); and
WHEREAS, the Originating Lease contained an option to extend the Lease Term for up to three (3) additional twelve-month periods with an increase in the monthly rent of 3 percent per twelvemonth period; and WHEREAS, the Lessor and Lessee agreed to extend the Lease Term in 2021, 2022, and 2023; and WHEREAS, with these extensions, the expiration of the Originating Lease is August 31, 2024.

NOW, THEREFORE, the parties agree as follows:

1. Term:

The term of the Lease shall be extended for a period of twelve (12) months commencing September 1, 2024 and ending August 31, 2025.

2. Monthly Rent:

Commencing September 1, 2024, monthly rent shall be $5,627.54.

The parties confirm, ratify and agree that all other terms, provisions and conditions of the Lease except as heretofore noted, shall continue as heretofore rented and as if they were printed at large herein and they are hereby incorporated by reference.

Lessor: Sakai Family Partnership care of SC Properties
By: Date:

Lessee: City of San Mateo, Inc
By: Date:

Alex Khojikian
City Manager
By: _____________________________________________ Date: ___________________ Prasanna Rasaiah
City Attorney
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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: 25 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 24-8979 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: August 19, 2024
SUBJECT:

Community Relations Commission Amendment – Ordinance Introduction RECOMMENDATION:

Introduce an Ordinance to amend the San Mateo Municipal Code Chapter 2.21 "Community Relations Commission" to incorporate diversity, equity, and inclusion issues or topics into the scope of work of the commission.

BACKGROUND:

Following City Council direction, staff convened the inaugural Diversity, Equity, and Inclusion (DEI) Task Force in January 2022, comprising representatives from diverse local community organizations, including non-profits, neighborhood associations, and partner government entities. The primary objective of the DEI Task Force was to foster collaborations, share resources, and enhance community engagement within historically marginalized groups. Over the course of two years, meeting monthly, the DEI Task Force concluded its final meeting on January 19, 2024, having achieved significant milestones, such as:
 Initiated the development of a comprehensive DEI Strategic Plan & Implementation Framework.  Advised on strategies to diversify Boards & Commissions, proposing measures such as increased compensation for City Council roles, stipends for board members, and the removal of citizenship/voter registration requirements.  Provided crucial feedback for the Racial Equity Art Project, influencing its design and community outreach efforts.  Contributed insights and recommendations on policy documents, including the draft Housing Element and General Plan.

On April 1, 2024, staff presented an update to the City Council on these accomplishments, formally concluding the DEI Task Force's tenure. However, recognizing ongoing community and Council feedback advocating for sustained DEI efforts, staff conducted an extensive review of established DEI-focused commissions and boards in the surrounding area. This research culminated in three proposed options for long-term DEI initiatives, which were presented to the City Council. Following deliberation, the Council unanimously supported the option which would integrate DEI initiatives into the scope of the Community Relations Commission (CRC). Staff from the Community Development Department and City Manager's Office have collaborated since then to update Chapter 2.21, "Community Relations Commission," in accordance with the City Council's directive.

The amendment revises Section 2.21.030 - powers and duties, to empowers the CRC to make recommendations to City Council that will advance the City's equity and inclusion objectives through studying and reviewing policies and holding public hearings. The amendments underscore the Council's commitment to integrating DEI principles into the organization to sustain meaningful impact. Clean and tracked-changes versions of the Ordinance are attached. Staff presented City Council’s decision to the CRC during their July 17, 2024 meeting and the Commission expressed unanimous support. 357 of 407

CITY OF SAN MATEO
Staff recommends introducing this Ordinance to amend the San Mateo Municipal Code Chapter 2.21 "Community Relations Commission" to authorize the CRC to review City matters and make recommendations to City Council that advance the City’s equity and inclusion objectives, which is a pivotal step towards embedding equity into our governing structure.

BUDGET IMPACT:

The proposed amendments to the Community Relations Commission ordinance will not have any budget impacts.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Ordinance
Att 2 – Proposed Ordinance – Track Changes

STAFF CONTACT
Denise Garcia, Management Analyst II
[email protected]
(650) 522-7277
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CITY OF SAN MATEO

DRAFT ORDINANCE
AMENDING SAN MATEO MUNICIPAL CODE CHAPTER 2.21 REGARDING THE COMMUNITY RELATIONS

COMMISSION
WHEREAS, the City Council recognizes the need to sustain diversity, equity, and inclusion (DEI) efforts; and
WHEREAS, the City Council formally concluded the DEI Task Force at the April 1, 2024, City Council meeting; and
WHEREAS, the City Council’s approach to integrating DEI into city operations is to authorize the Community Relations Commission (CRC) to make recommendations to the City Council on DEI efforts.

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

Section 1. Section 2.21.030 of the San Mateo Municipal Code is amended as follows:

2.21.030 POWERS—DUTIES.

The Community Relations Commission shall have the following powers and duties:
(a) To conduct public hearings pursuant to Chapter 7.16. (b) To hear appeals for administrative citations pursuant to Section 1.10.060, except for administrative citation appeals relating to violations of Chapter 7.14, 23.06 through 23.56, Chapter 23.70, and Chapter 23.72 of this Code.
(c) To study, investigate, review policies, and hold public hearings to advance the City’s equity and inclusion objectives by making recommendations to the City Council. (d) To provide oversight of Federal, State or other grant programs that implement public service, housing, and community development programs, and make recommendations on those programs which may be assigned to them by the Council.
(e) To work with organizations of similar intent formulated by public agencies having jurisdiction within the City and with the Human Relations Commission of the County. To this end, a member shall be assigned as liaison to each group and shall attend the meetings thereof and report thereon to the Commission. Any person assigned as liaison from the County Commission, or other such group, to this Community Relations Commission shall be an ex officio member but shall have no vote.
(f) Such other powers and duties as may be prescribed from time to time by ordinance or resolution of the Council.
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(g) The Community Relations Commission shall make recommendations to the Council to address, reduce or eliminate existing inequalities and disadvantages and prepare, encourage and coordinate programs of inclusion to insure the complete utilization of the human resources of this community for the betterment of all its inhabitants.

Section 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15378(b)(5), this 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.

Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

Place attachments here
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Chapter 2.21

COMMUNITY RELATIONS COMMISSION

2.21.010 ORGANIZATION.

The Community Relations Commission of the City shall consist of no more than five members appointed by the Council. In making appointments, the Council shall insure that the persons appointed are representative of the neighborhoods and ethnic communities to be served by the Commission as hereinafter provided.

Each member of the Community Relations Commission shall serve at the pleasure of the Council and for a term of four years, or until the appointment and qualification of a successor. No member shall be eligible for reappointment after serving two consecutive fouryear terms.

2.21.020 MEETINGS.

The Community Relations Commission shall elect a chair and vice-chair to serve at the pleasure of the Commission. The Commission may adopt reasonable rules and regulations for the conduct of its business. A regular time and place of meetings shall be established and adhered to in the manner of holding public meetings for legislative bodies in the state. All meetings shall be open to the public unless by law otherwise provided.

2.21.030 POWERS—DUTIES.

The Community Relations Commission shall have the following powers and duties:
(a) To conduct public hearings pursuant to Chapter 7.16. (b) Reserved.
(c) To hear requests from the Director of the Community Development Department, or his or hertheir designee, for orders to abate violations of Title 25 or Title 27, as provided in Chapter 7.16.
(d)(b) To hear appeals for administrative citations pursuant to Section 1.10.060, except for administrative citation appeals relating to violations of Chapter 7.14, 23.06 through 23.56, Chapter 23.70, and Chapter 23.72 of this Code.
(e)(c) To study, investigate, mediate review policies , and hold public hearings on community-wide problems arising in this City, especially those which may result in intergroup tensions or discrimination because of race, religion, color, ancestry or place of birth. to advance the City’s equity and inclusion objectives by making recommendations to the City Council. (f)(d) To provide oversight of Federal, State or other grant programs that implement public service, housing, and community development programs, and make recommendations on those programs which may be assigned to them by the Council. 361 of 407
(e) To work with organizations of similar intent formulated by public agencies having jurisdiction within the City and with the Human Relations Commission of the County. To this end, a member shall be assigned as liaison to each group and shall attend the meetings thereof and report thereon to the Commission. Any person assigned as liaison from the County Commission, or other such group, to this Community Relations Commission shall be an ex officio member but shall have no vote.
(g)(f) Such other powers and duties as may be prescribed from time to time by ordinance or resolution of the Council.
(h)(g) The Community Relations Commission shall make recommendations to the Council to correctaddress, reduce or eliminate existing inequalities and disadvantages and prepare, encourage and coordinate programs of voluntary affirmative action inclusion to insure the complete utilization of the human resources of this community for the betterment of all its inhabitants.

2.21.040 FEDERAL AND STATE LAW.

It is the intent of the Council that the activities of the Community Relations Commission shall not conflict with areas which are the exclusive jurisdiction of the Federal government, the State, or any of its political subdivisions as established by statute.

2.21.050 APPEALS.

Decisions of the Community Relations Commission regarding violations of the San Mateo Municipal Code and public nuisances may be appealed to the City Council as set forth in this Code.
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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: 26 Section Name: OLD BUSINESS Account Number: 10-1511 File ID: 24-8990 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: August 19, 2024
SUBJECT:

Youth Commissioners – Ordinance Introduction
RECOMMENDATION:

Introduce an ordinance to amend San Mateo Municipal Code Chapter 2.15 “Library Board,” Chapter 2.28 “Sustainability and Infrastructure Commission,” and Chapter 2.29 “Senior Citizens Commission” to provide for Council appointment of two non-voting youth advisory members to each of these entities.

BACKGROUND:

A City Council priority for fiscal year 2023-24 is to “explore increasing representation of youth and seniors on City Boards and Commissions.” At a March 4, 2024 study session, the City Council directed staff to provide for the appointment of youth members to the Library Board, Senior Citizens Commission, and Sustainability and Infrastructure Commission. The proposed ordinance accompanying this staff report is similar to an ordinance introduced by the City Council on February 21, 2023, and later adopted, allowing non-voting youth members of the Parks and Recreation Commission.

The Council appoints members of boards and commissions, and while serving, they must possess the same qualifications under the Charter for election or appointment to the Council. Charter §6.05. Each Councilmember must be a qualified elector and resident of the City and must have continuously lived in the City for 30 days immediately preceding the appointment. Charter §2.01(b). Under State law, qualified electors are U.S. citizens at least 18 years of age. Elec. §321. As such, applicants to boards and commissions must be at least 18 years old.

City Charter section 6.05 contains several additional requirements. For example, the membership of a particular board or commission cannot exceed the number of Councilmembers, unless the voters approve the ordinance establishing the additional number or a unanimous vote of the Council. Also, members of boards and commissions are appointed for terms of four years, except to allow for staggered terms of the initial members of a body. Finally, board and commission members are limited to serving two consecutive four-year terms, except that partial terms do not count towards the term limit. Charter section 6.03 imposes similar requirements on the Library Board.

The Library Board, the Sustainability and Infrastructure Commission, and the Senior Citizens Commission each consist of five (5) members appointed by the Council. Each member serves at the pleasure of the Council and for a term of four years, or until the appointment and qualification of a successor.

The two non-voting youth advisory members must be at least 13 years old, and no more than 17 years old at the time of appointment (“Youth Board Members” or “Youth Commissioners”). They must present written documentation of parental or guardian consent to be considered for appointment, and if appointed would not count towards a quorum. Like other members of the commission, youth advisory members would serve at the pleasure of the Council. 369 of 407

CITY OF SAN MATEO
Under this proposal, youth members would be appointed for one year but could be reappointed for an additional one-year term. The youth advisory members would not be “members” for purposes of the Charter but would instead serve as nonvoting advisory members. Thus, a unanimous Council vote is not required, and youth advisory members could serve for less than a four-year term.

In addition, the City currently offers opportunities for youth engagement in local government through the Youth Activities Council (“YAC”), which seeks to provide a voice for youth in the community and offers opportunities for civic engagement and youth advocacy. YAC members are required to be residents of the City of San Mateo or students attending a high school in San Mateo, entering 9th through 12th grade by the beginning of each fall term, and willing to attend monthly meetings and events.

BUDGET IMPACT:

There is no budget impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Draft Ordinance
Att 2 – Draft Ordinance Track Changes

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

DRAFT ORDINANCE
Amending San Mateo Municipal Code Chapters 2.15, 2.28, and 2.29 to amend the organization of the Library Board, Sustainability and Infrastructure Commission, and Senior Citizens Commission to include two nonvoting youth advisory members (youth commissioners) WHEREAS, the San Mateo Municipal Code establishes that the Library Board (Chapter 2.15), Sustainability and Infrastructure Commission (Chapter 2.28), and Senior Citizens Commission (Chapter 2.29) shall each have five members appointed by the City Council; and WHEREAS, the City Council Strategic Plan for fiscal year 2023-24 included exploring the increasing of representation of youth and seniors on City Boards and Commissions; and WHEREAS, on March 4, 2024, the City Council directed staff to provide for the appointment of youth members to the Library Board, Senior Citizens Commission, and Sustainability and Infrastructure Commission.

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

Section 1. Section 2.15.010 of the San Mateo Municipal Code is amended as follows:

2.15.010 ORGANIZATION—POWERS—DUTIES.

The public library shall be governed by a library board of trustees. There is and shall be a library board of trustees consisting of five members appointed by the City Council with the powers and duties as set forth in Section 6.01 of the Charter of the City and as provided for in this chapter. In addition, the library board shall include two non-voting youth advisory members who must be at least 13 years old, and no more than 17 years old at the time of appointment ("Youth Board Members"). Youth Board Members must present written documentation of parental or guardian consent to be considered for appointment. Youth Board Members shall serve only in an advisory capacity and shall not count towards a quorum of the commission.

Each member shall serve at the pleasure of the Council and for a term of four years, or until the appointment and qualification of a successor. Each Youth Board Member shall serve at the pleasure of the Council for a term of one year and until the appointment and qualification of a successor. Youth Board Members may be reappointed for one additional one-year term.

Section 2. Section 2.28.010 of the San Mateo Municipal Code is amended as follows:

2.28.010 ORGANIZATION.

The commission shall have five members appointed by the Council. In addition, the commission shall have two non-voting youth advisory members who must be at least 13 years old, and no more than 17 years old at the time of appointment ("Youth Commissioners"). Youth Commissioners must also present written documentation of parental or guardian consent to be considered for appointment. Youth Commissioners shall serve only in an advisory capacity and shall not count towards a quorum of the commission. 371 of 407
The members of the commission shall be appointed for four-year terms or until the appointment of a successor, except that the initial terms of the first members appointed shall be determined by lot at their first meeting so that each year one or more terms will expire. Each Youth Commissioner shall serve at the pleasure of the Council for a term of one year and until the appointment and qualification of a successor. Youth Commissioners may be reappointed for one additional one-year term.

Section 3. Section 2.29.010 of the San Mateo Municipal Code is amended as follows:

2.29.010 ORGANIZATION.

The senior citizens commission of the City shall consist of no more than five members appointed by the Council. The President of the Senior Advisory Council, or designee, shall be an ex-officio member of the Senior Citizens Commission without the right to vote. Members shall be persons who display an interest in and appreciation of senior affairs. In addition, the commission shall have two non-voting youth advisory members who must be at least 13 years old, and no more than 17 years old at the time of appointment ("Youth Commissioners"). Youth Commissioners must present written documentation of parental or guardian consent to be considered for appointment. Youth Commissioners shall serve only in an advisory capacity and shall not count towards a quorum of the commission.

Thereafter, all appointments shall be for a term of four years. Each Youth Commissioner shall serve at the pleasure of the Council for a term of one year and until the appointment and qualification of a successor. Youth Commissioners may be reappointed for one additional one-year term.

Section 4. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15378(b)(5)., this 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.

Section 5. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 6. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 7. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 372 of 407
Chapter 2.15

LIBRARY BOARD

2.15.010 ORGANIZATION—POWERS—DUTIES.

Chapter 2.28

SUSTAINABILITY AND INFRASTRUCTURE COMMISSION

2.28.010 ORGANIZATION.
(a) The commission shall have five members appointed by the Council. In addition, the commission shall have two non-voting youth advisory members who must be at least 13 years old, and no more than 17 years old at the time of appointment ("Youth Commissioners"). Youth Commissioners must also present written documentation of parental or guardian consent to be considered for appointment. Youth Commissioners shall serve only in an advisory capacity and shall not count towards a quorum of the commission.
(b) The members of the commission shall be appointed for four-year terms or until the appointment of a successor, except that the initial terms of the first members appointed shall be determined by lot at their first meeting so that each year one or more terms will expire. Each Youth Commissioner shall serve at the pleasure of the Council for a term of one year and until the appointment and qualification of a successor. Youth Commissioners may be reappointed for one additional one-year term.

Chapter 2.29
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SENIOR CITIZENS COMMISSION

2.29.010 ORGANIZATION.

Each member of the senior citizens commission shall serve at the pleasure of the Council and for a term of four years or until the appointment of a successor, except that the initial terms of the first members appointed shall be determined by lot at their first meeting so that each year at least one term will expire. Thereafter, all appointments shall be for a term of four years. Each Youth Commissioner shall serve at the pleasure of the Council for a term of one year and until the appointment and qualification of a successor. Youth Commissioners may be reappointed for one additional one-year term.
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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: 27 Section Name: NEW BUSINESS Account Number: 25-3112 File ID: 24-8960 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: August 19, 2024
SUBJECT:
2000 S. Delaware Street Affordable Housing Development Transfer to MidPen Housing - Reassignment and Amendment of Ground Lease and Conditional Loan Commitment Term Sheet RECOMMENDATION:

Approve: (1) a reassignment of the ground lease for the affordable housing project at 2000 S. Delaware Street from Westlake Reality Group to MP 2000 Delaware, LLC and amendments to the ground lease to deepen the affordability of the units in the Project to households at or below 80% of Area Median Income; and authorize the City Manager to execute the reassigned and amended ground lease in substantially the form provided; (2) a Term Sheet that includes a conditional loan commitment of $500,000 in exchange for deepening the affordability of the 60 rental units in the Project from moderate to low-income; and direct staff to return to City Council by end of November with a regulatory agreement, loan agreement, and other documents required to fulfill the commitments in the Term Sheet, for City Council approval.

BACKGROUND:

The 2000 S. Delaware Street affordable housing project (2000 S. Delaware) is 60-unit, deed-restricted affordable development for moderate-income households (at or below 120% Area Median Income, or AMI) on City-owned land at 2000 S. Delaware St., owned by Westlake Realty Group (Westlake). 2000 S. Delaware is located adjacent to a 60-unit, deed-restricted affordable development for households at 40-90% AMI owned by MidPen Housing (MidPen, operating as MP 2000 Delaware, LLC). The projects were developed at the same time pursuant to a 2011 Disposition and Development Agreement (DDA; amended in 2012 and 2016) following a Request for Proposal (RFP) process to develop affordable housing on a former police station site. The City remains the owner of the property upon which both projects are located (Property); the City is party to two separate ground leases with the respective developers of 2000 S. Delaware and Delaware Pacific that each restrict the affordable units for a 55-year period.

In late 2023, Westlake informed the City that it was exploring options for selling its 60-unit development and assigning the Ground Lease for 2000 S. Delaware. In March of 2024, Westlake informed the City that after reviewing various offers, it was proceeding with a deal with MidPen to sell the development and assign the Ground Lease for 2000 S. Delaware.

Assignment of the 2000 S. Delaware Ground Lease may occur only with City approval. In addition to acquiring the 2000 S.

Delaware development, MidPen proposes to deepen the affordability level of the units from moderate-income to at or below 80% AMI (also referred to as “low-income”).

Staff has met regularly with MidPen and Westlake to discuss the transfer of the 2000 S. Delaware Ground Lease and deepening of affordability at 2000 S. Delaware. The two parties are currently negotiating the sale of 2000 S. Delaware and working towards a closing date in late September, after the date of this City Council meeting. They are requesting that the City take the following actions:
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CITY OF SAN MATEO
 Approve MidPen Housing as the assignee of the 2000 S. Delaware Ground Lease;  Make amendments to the Ground Lease and execute a Regulatory Agreement for 2000 S. Delaware that restricts the units to low-income households, rather than moderate-income households; and  Make a financial contribution to subsidize the deepening of affordability of the 60 units at 2000 S. Delaware.

Proposed Loan Commitment
To purchase and lower the affordability of the units at 2000 S. Delaware to 80% AMI, MidPen has obtained a loan from Housing Trust Silicon Valley. MidPen is also providing a loan to the project, which it expects to be repaid over a 15-year period. To cover the financing gap, MidPen initially requested a City loan commitment (City Loan) of $1,000,000, or approximately $16,950 per unit in the form of a residual receipts loan.

The requested subsidy amount is low relative to that required for new construction of affordable units. Furthermore, staff is aware that many tenant households at 2000 S. Delaware are in the low and very low-income range and are currently paying rents below the moderate-income maximum. At the same time, the City has received several other formal and informal requests from affordable housing developers for funding over the last year. Considering the limited amount of City funding and the fact that 2000 S. Delaware consists of existing deed-restricted units, staff recommends a City Loan amount of $500,000, or approximately $8,470 per unit.

The City has sufficient Housing funds to support this project, and for which preservation is an allowable use. The proposed basic terms of the City Loan are specified in the Term Sheet in Attachment 2. If the City Council is in agreement with these terms, staff will draft a set of loan documents that incorporates these terms (Loan Documents), including a Loan Agreement, Deed of Trust, and Promissory Note, and return to the City Council within six months for approval.

Amended 2000 S. Delaware Ground Lease and Regulatory Agreement As noted above, the 2000 S. Delaware Ground Lease between the City and Westlake would be reassigned to the entity that purchases the development, and it must be amended to change the affordability restriction from moderate-income to lowincome (80% AMI). The Assignment and First Amendment to Ground Lease (Assignment and First Amendment), provided in Attachment 1, achieves both of these immediate objectives. The Assignment and First Amendment would be signed by all three parties (City, Westlake, MidPen).

Based on discussions with MidPen and the City’s experience with the existing 2000 S. Delaware Ground Lease, staff recommends making further amendments to better align with the intended long-term use of the development. In addition to a Ground Lease, MidPen has requested that the City execute a Regulatory Agreement restricting the units to 80% AMI.

A Regulatory Agreement is required to apply for a Property Tax Welfare Exemption for 2000 S. Delaware.

Rather than seeking approval for these documents now, staff proposes to work with MidPen on a more thorough series of amendments and draft Regulatory Agreement and return to City Council at a later date. Staff recommends this phased approach due to the short timeframe before the targeted closing date (end of September) of the 2000 S. Delaware transaction between Westlake and MidPen. If the City Council approves the Assignment and First Amendment, staff will work with MidPen to draft an Amended and Restated Ground Lease and combine it with the draft Loan Documents and Regulatory Agreement in one item for City Council consideration.

Current Tenancies at 2000 S. Delaware
The MidPen proposal to restrict the rents at 2000 S. Delaware to 80% AMI households, rather than moderate-income households, will not result in displacement of any current tenants at 2000 S. Delaware. Upon expiration of their current lease, any tenants who qualify as households at or below 80% will execute a new lease at an affordable rent for 80% AMI households. Tenants whose incomes exceed the 80% AMI level but are below 120% AMI (moderate-income) will remain in their units at a moderate-income rent. When a tenant at any income level vacates a unit, the unit will then be restricted to 80% AMI households moving forward. Based on the annual reports submitted for this building, all tenants are at or below 120% AMI.
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CITY OF SAN MATEO
BUDGET IMPACT:

There are sufficient Housing funds to support a City Loan commitment of $500,000 to 2000 S. Delaware. If the City Council chooses to make a City Loan commitment, staff will return to City Council to seek an appropriation of funds from the appropriate Housing fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

STAFF CONTACT
Rachel Horst, Housing and Neighborhood Services Manager [email protected]
(650) 522-7223

ATTACHMENTS
Att 1 – Assignment and First Amendment of Ground Lease
Att 2 – Term Sheet
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6 RECORDING REQUESTED BY:

First Title Insurance Company
When Recorded Mail Document
and Tax Statement To:

MP 2000 Delaware LLC
303 Vintage Park Drive, Suite 250
Foster City, California 94404
With a copy to:

City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Attn: City Clerk
APN: 035-320-470 SPACE ABOVE THIS LINE FOR

RECORDER'S USE

ASSIGNMENT AND AMENDMENT TO GROUND LEASE
The undersigned grantor declares:

Documentary transfer tax is $ _______
County of San Mateo
THIS ASSIGNMENT AND AMENDMENT TO GROUND LEASE (this
“Assignment and First Amendment”) is executed as of August ___, 2024 by and between 2000 Delaware San Mateo LLC, a California limited liability company (“Assignor”), MP 2000 Delaware LLC, a California limited liability company (“Assignee”), and the City of San Mateo, a California municipal corporation (“Landlord”) with reference to the following facts:

WHEREAS, concurrently herewith, Assignor is assigning to Assignee all of Assignor’s right, title and interest in that certain Amended and Restated Ground Lease dated February 29, 2016 (the “Ground Lease”) by and between Assignor, as tenant, and the Landlord, as lessor, a memorandum of which was recorded with the recorder of the County of San Mateo on March 1, 2016 as Instrument Number 2016-017972 (the “Memorandum of Lease”), which Ground Lease pertains to that certain real property, together with all improvements thereon, located at 2000 S.

Delaware Street, San Mateo, California, and more particularly described on Exhibit A attached hereto (the “Property”), in accordance with the terms of that certain Purchase and Sale Agreement and Joint Escrow Instructions (the “Agreement”) dated as of July 15, 2024, by and between Assignor and Assignee. Capitalized terms used herein and not defined herein shall have the meanings set forth in the Agreement; and
WHEREAS, Assignee has agreed to make certain modifications to the Ground Lease, namely, to deepen the affordability of the units located on the Property from moderate-income to 386 of 407
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6 low-income, re-start the 55-year rental restriction, and remove the option to purchase the Property; and
WHEREAS, Upon execution of this Assignment and Amendment, Assignee and Landlord intend to execute an amended and restated Ground Lease in substantially the same form as the parties are currently under for the Delaware Pacific project located at 1990 S. Delaware Street in San Mateo, California, subject to Landlord’s approval in its sole discretion.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration in hand paid by Assignee to Assignor, the receipt and sufficiency of which are hereby acknowledged, Assignor, Assignee, and Landlord agree as follows:

ARTICLE 1. GROUND LEASE AMENDMENTS

1. The first paragraph of Section 1.01 of the Ground Lease is amended by replacing the same paragraph with the following:

Overview. The purpose of this Lease is to effectuate the Redevelopment Plans for the San Mateo Downtown Redevelopment Project and the San Mateo Shoreline Redevelopment Project through the leasing of the Property (defined in Section 1.02 hereof) for the construction, development, and operation thereon of affordable rental housing that will be made available to persons and families of low moderate income (the “Low Moderate-Income Housing Project”).
[The remainder of Section 1.01 shall remain unmodified.]

2. All other references to the “Moderate-Income Housing Project” are replaced with “Low-Income Housing Project” in the Ground Lease.

3. First two sentences of Section 5.02(a) of the Ground Lease is amended by replacing the same sentences with the following :

Affordable Housing Covenants.

With the exception of one (1) unrestricted manager unit and any occupied units with a valid lease restricted to 120% of Area Median Income executed prior to the Effective Date of this Assignment and Amendment of the Ground Lease, all of the units developed on the Property that are leased after the Effective Date shall be rent-restricted and occupied by households whose initial gross income at the date of move-in does not exceed eighty one hundred twenty percent (80% 120%) of Area Median Income as adjusted by household size for San Mateo County (“Eligible Households”) for a period of not less than fifty five (55) years from the date of the Assignment and Amendment to Ground Lease the issuance of a ce1tificate of occupancy for the improvements constructed on the Property. Rent for such Eligible Households shall be no greater than that considered to be "affordable rent" for low moderate- income households, adjusted for family size appropriate to the unit, pursuant to the California Health and Safety Code and Section 6928 of the California Code of Regulations, Title 25, as amended, or any successor statute or regulation thereto (the “Low-Income Moderate Rent”), 387 of 407
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6 which includes a utilities allowance and any other charge required to be paid by all tenants as set forth in Section 6918 of the California Code of Regulations.

Gross rent limits in any given year shall not be less than rents in the prior year. Gross rent limit is defined as rent limit without utility allowance.
[The remainder of Section 5.02(a) shall remain unmodified.] ARTICLE 2. ASSIGNMENT

1. Assignor does hereby ASSIGN, TRANSFER and DELIVER and GRANT, SELL and CONVEY to Assignee all of Assignor’s right, title and interest in the Ground Lease and the Property, subject to the terms and conditions of the Agreement and the Ground Lease, the terms of each of which are hereby incorporated herein by this reference and made a part hereof as if fully stated herein.

2. Assignee assumes and agrees to perform and fulfill all the terms, covenants, conditions, and obligations required to be performed and fulfilled by Assignor as Tenant under the Ground Lease, including the making of all payments due to or payable on behalf of Tenant under the Ground Lease as they become due and payable.

3. Assignor covenants that there exists no other agreement effecting Assignor’s tenancy under the Ground Lease, including any assignment, either voluntarily or by operation of law. Assignor further covenants that the Ground Lease is in full effect and no defaults exist under the Ground Lease, nor any acts or events which, with the passage of time or the giving of notice or both, could become defaults.

ARTICLE 3. REPEAL OF PURCHASE OPTION

1. Article 16 of the Ground Lease (“Option to Purchase”) is hereby deleted. Assignee, as Tenant, shall not have the option to purchase the Property at any time.

ARTICLE 4. MISCELLANEOUS

1. Landlord acknowledges receipt of the Base Rent from Assignor paid annually in the amount of one dollar, pursuant to Section 3.01 of the Ground Lease.

2. This Assignment and Amendment shall be governed by the laws of the State of California.

3. This Assignment and Amendment shall be effective as of the Closing Date, as such term is defined under the Agreement (the “Effective Date”).

4. This Assignment and Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the undersigned have executed this Assignment and Amendment, on the date set forth above, as of the Effective Date.

LANDLORD:

City of San Mateo,
a municipal corporation
By: ____________________________
Alex Khojikian
City Manager
APPROVED AS TO FORM:
____________________________
Prasanna W. Rasiah
City Attorney
ASSIGNOR:
2000 Delaware San Mateo LLC,
a California limited liability company
By: Chang Management LLC,
a Delaware limited liability company,
its member/manager
By: __________________________
Joselino Campanile
President & CFO
ASSIGNEE:

MP 2000 Delaware LLC,
A California limited liability company,
Its sole general partner
By: Mid-Peninsula Greenridge, Inc.

A California nonprofit public benefit
corporation,
its sole member/manager
By: _________________________
Name: ___________________
Its: Assistant Secretary
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 390 of 407
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EXHIBIT A
Legal Description of the Property
The land referred to herein is situated in the County of San Mateo, City of San Mateo, State of California, and is described as follows:

Parcel One:

Parcel B as shown on the Parcel Map entitled “Parcel Map 433” filed April 23, 2012 in Book 80 of Parcel Maps, Pages 30 and 31, Official Records of San Mateo County.

Parcel Two:

Rights and Easements granted in that certain Joint Use, Easement and Maintenance Agreement for 1990-2000 South Delaware dated April 1, 2012, and recorded May 2, 2012, as Instrument No. 2012-61779, in the Official Records of San Mateo County.

Property Address: 2000 S. Delaware Street, San Mateo, California APN: 035-320-470
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Term Sheet for 2000 S. Delaware
Project 2000 Delaware
Sponsor MidPen Housing Corporation
Borrower MP 2000 Delaware LLC
Tenants Property is nearly fully occupied; existing residents are certified at 120% AMI or below. After closing, MidPen will lease all existing vacant units and any new units upon turn to households earning no more than 80% AMI. Existing tenants will not be displaced and will have the opportunity to continue renting until such time that they choose to vacate the unit.

Closing Timeframe Target for closing is end of November 2024 Loan Amount $500,000
Interest Rate 3% Simple
Loan Term 55 Years
Payments 50/50 split of Residual Receipts, after the MidPen Loan is fully repaid Recourse Non-Recourse
Restricted Rents Rents shall be restricted at 80% AMI rents or lower.

Ground Lease
Term
55 years from date of Assignment and First Amendment of the Ground Lease
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San Mateo City CouncilAugust 19, 2024

San Mateo City Council
August 19, 2024