Agenda packet, regular meeting — San Mateo City Council, September 3, 2024

CITY OF SAN MATEO
City Council Regular Meeting
September 3, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

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

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

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

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

To join via Zoom – click here:

September 3, 2024
To join via telephone: (408) 638-0968
Webinar ID: 857 8479 9393 Passcode: 146293
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

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

CEREMONIAL

1. San Mateo’s 130
Anniversary

2. Mosquito & Vector Control District – Presentation

3. National Preparedness Month – 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.

4. City Council Meeting Minutes – Approval
Approve the special and regular minutes of the City Council meetings of March 18, June 17, and July 15. Approve the special meeting minutes of June 12 and July 8.

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

5. Community Relations Commission Amendment – Ordinance Adoption th

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Adopt 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.

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

6. Youth Commissioners – Ordinance Adoption
Adopt 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.

7. Flag Policy – Adoption
Adopt a Resolution to approve the Flag Policy to standardize the display of the Flag of the United States of America, the Flag of the State of California, and non-governmental flags at City facilities and authorize the City Manager to make non-substantive changes as needed.

CEQA: This policy 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.)

8. Construction Special Inspection Services for the Clean Water Program – Amendment Approve Amendment No. 4 to the professional services agreement with Signet Testing Laboratories, Inc. (Signet) for as-needed construction special inspection services for various Clean Water Program projects; increase the compensation for the agreement by an additional $150,000, for a total revised agreement amount of $2,550,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project specific task orders under the agreement.

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

9. Police Department Parking Surface Improvements – Construction Contract Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $359,148.55 for Police Department Parking Surface Improvements project; establish a contingency reserve in the amount of $36,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

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

10. Central Garage Parking Surface Improvements – Construction Contract

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Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. in the amount of $277,823.35 for the Central Garage Parking Surface Improvements; establish a contingency reserve in the amount of $20,000 and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

11. Telephone System Replacement – Agreement
Adopt a Resolution to approve an alternative purchasing procedure and approve an Agreement with CDW Government, LLC (CDWG) for a term of five years, for the purchase of telephone equipment, services and software subscription in an amount not-to-exceed $517,633; and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

CEQA: Approval of this agreement is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the purchase of telephone equipment, services and an associated software subscription will have a significant effect on the environment. (CEQA Guidelines Sectoin 15061(b)(3).)

12. 385 1st Avenue Lease – Amendment
Approve a lease amendment with Next Level Sports until January 31, 2025, for the City-owned space at 385 1st Avenue in the south building of the Transit Center and authorize the City Manager to execute the lease in substantially the form presented.

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

13. Human Resources Department - Classification Updates Adopt a Resolution to approve the 1) new classification of Human Resources Manager, 2) the job specification and salary range for the classification of Human Resources Manager, and 3) the reallocation of the Senior Human Resources Analyst position to a Human Resources Manager.

CEQA: These classification updates are exempt from CEQA review because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.))

14. Marina Lagoon Vegetation and Water Quality Management – Amendment No. 8 Approve Amendment No. 8 to the professional services agreement with Waterworks Industries, Inc. for Aquatic Vegetation Management at the Marina Lagoon in the amount of $238,000, for a new agreement total of $2,094,960; and authorize the Public Works Director to execute Amendment No. 8 in substantially the form presented and issue amendments within the agreement amount.

15. North Shoreview Flood Improvements - Mitigation Planting Maintenance – Amendment

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Approve Amendment No. 1 to the Agreement with Confluence Restoration, Inc. for plant maintenance services in an amount not to exceed $87,000, for a new agreement total of $107,000; establish a contingency reserve of $15,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

CEQA: Under section 15074 of the CEQA Guidelines, the City Council adopted a negative declaration for this Project on October 19, 2015.

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

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

CEQA: This informational update to City Council relating to the City’s wet weather preparations and storm response activities is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

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

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

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

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https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

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

During the meeting
By Zoom:

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

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

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

ACCESSIBILITY:

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8995 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 3, 2024
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the special and regular minutes of the City Council meetings of March 18, June 17, and July 15. Approve the special meeting minutes of June 12 and July 8.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Minutes 2024-03-18 Special
Att 2 – Minutes 2024-03-18 Regular
Att 3 – Minutes 2024-06-12 Special
Att 4 – Minutes 2024-06-17 Special
Att 5 – Minutes 2024-06-17 Regular
Att 6 – Minutes 2024-07-08 Special
Att 7 – Minutes 2024-07-15 Special
Att 8 – Minutes 2024-07-15 Regular

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

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

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

March 18, 2024
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Diaz Nash, Deputy Mayor Newsom, Council Members: Hedges, Lee, and Loraine Council Member Rich Hedges will teleconference into this meeting from: 2405 Klanianaole Avenue – PH-11 Hilo, Hawaii 96720
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

STUDY SESSION

1. Complete Streets North Central Plan – Introduction
Sue-Ellen Atkinson, Principal Transportation Planner, provided a presentation and overview of the Complete Streets North Central Plan.

Council asked questions on community feedback received on bike lanes, public parking, public safety and neighborhood aesthetics.

Public Comment:

Rick Sakuda wants resolution on bike lanes matter
; Nicole Fernandez concerned about street lighting in North Central, safety of our pedestrians, and parking and would like a pause on further bike lanes in North Central; Trina Pierce concerned with street lighting and parking availability for residents and the bump outs are dangerous for bikers and recommends having meetings with the seniors during the day; Connie Weiss concerned with lack of parking; Michael Reagan works in the North Central area and is concerned with street safety and parking problems; Mike Swire spoke for Kevin Simpson who was sick and could not attend stating he supports the bike lanes and wants more enforcement of cars parked in bike lanes, supports changes to one-way streets, and wants more community outreach and he himself wants safe streets for everyone. Stated kids are afraid to bike to school so therefore are driving creating more congestion. Allison McQueen supports bike and pedestrian connectors; and Elizabeth Kioa stated the North Central community’s concerns should be considered and not outside persons.

Rick Ballard requests that there be more bike lanes and focus on pedestrian safety; Dave Cohen concerned about the lack of follow-through by City Council on a decision they made regarding parking on Humbolt Street and wants them to back their statements; and Jordan Grimes deeply concerned with biking safety and believes with absolutely need more outreach to the North Central community.

Council recognizes the importance of dedicating resources to the community. City Manager Khojikian shared staff’s plans to analyze citywide parking needs and confirmed community engagement is a priority.

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2. Diversity, Equity, and Inclusion Task Force Accomplishments – Update This item was moved to 4/1/24.

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

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 18, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:18 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Mayor’s Quarterly Hero Award – Gloria Brown – Gloria Brown received the received the award

2. Hillsdale High School Peace Pantry and Empowerment Through Action Programs – Presentation - Brett Stevenson, Dean of Students at Hillsdale High School, and Rachel Lauderdale, Empowerment Through Action Executive Director gave the presentation

3. Crossing Guard Appreciation Month – Recognition - Casia Ravi, Safe Routes to School Coordinator, Public Works, gave the presentation

4. Ramadan Mubarak – Observance – Mayor Diaz-Nash read the proclamation

CONSENT CALENDAR
The following items, 5 through 10, and items 12 through 13, were considered to be routine by the City Council. Item 11 was withdrawn by staff. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

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

5. Organized Retail Theft Prevention Grant Program – Memorandum of Understanding and Related Actions Approve: (1) a Memorandum of Understanding (MOU) with the cities of Daly City and San Bruno to administer a multi-agency Board of State and Community Corrections grant to combat organized retail theft; and authorize the Chief of Police to execute the MOU in substantially the form presented, and any other necessary documents related to grant activity; (2) Amendment No.1 to the Agreement with the Flock Group Inc., for the purchase of 15 additional automated license plate readers for the three-year grant term in the amount of $138,950, for a new cumulative

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agreement amount not to exceed $640,300; and adopt a Resolution to (a) authorize the addition of 1.00 Full-Time Equivalent Community Service Officer position for the three-year duration of the grant period; (b) approve the purchase of 2 surveillance trailers from Mobile Pro Systems in the amount of $114,700 with the use of an alternative purchasing procedure and (c) amend the adopted Fiscal Year 2023-24 budget to appropriate $1,533,802 to the Police Grants Fund.

Enactment: Resolution No. 21 (2024)

6. Compost Broker Program – Amendment
Approve Amendment No. 2 to the Compost Broker Program Agreement with San Mateo Resource Conservation District to increase the agreement in the amount of $90,839.54, for a new Agreement total of $164,055.80; update payment rates; amend the scope of services; extend the term to May 1, 2026; and authorize the Director of Public Works to execute the amendment in substantially the form presented.

7. Wastewater Treatment Plant Upgrade and Expansion Project – Agreement Approve a Right-of-Entry Agreement with the City of Hollister, at no cost, allowing the City to enter onto the City of Hollister’s Wastewater Treatment Plant property for the purpose of obtaining sludge to support startup of the City of San Mateo’s new wastewater treatment plant; and authorize the Public Works Director to execute the Agreement in substantially the form presented and to execute any necessary no-cost amendments.

8. Senior Get Around Transportation Program Agreement – Amendment Approve Amendment No. 1 to the Agreement with Serra Yellow Cab, Inc. in the amount of $75,000, for a new contract total of $225,000, for the Senior Get Around Transportation Program for Fiscal Year 2023-24; and authorize the Director of Parks and Recreation to execute the amendment in substantially the form presented.

9. General Plan, Housing Element, and Housing Successor Agency – 2023 Annual Progress Reports Accept the 2023 Annual Progress Reports for the General Plan, Housing Element, and Housing Successor Agency, and direct the Community Development Director to file the reports with the State.

10. Wastewater Treatment Plant Immediate Action Project, Package II – Appropriation and Amendment Adopt a Resolution to authorize an appropriation of funds in the amount of $349,000 from the Sewer Fund Reserves for the Wastewater Treatment Plant Immediate Action Projects, Package II Project, revising the total project budget to an amount of $14,695,372; approve Amendment No. 13 to the agreement with Stantec Consulting Services, Inc. to provide professional design and engineering services during construction for the Project, increasing the contract value by $399,000, for a revised total agreement amount not-to-exceed $2,126,403.46, and extend the term of the agreement through September 30, 2024; and authorize the Public Works Director to execute Amendment No. 13 in substantially the form presented and approve future amendments within the approved amount.

Enactment: Resolution No. 22 (2024)

12. Fiscal Year 2022-23 Annual Comprehensive Financial Report - Acceptance Accept the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2023.

13. Boards and Commissions – Confirm Reappointments and Establish Annual Appointment Subcommittees Appointments as follows, all terms through June 10, 2028: Alli Fitzgerald (Community Relations Commission), Wendy McCall (Library Board), Sandy Shepler (Measure S Oversight Committee) to a first full term; Jerold Nugent (Community Relations Commission), Tony Villanueva (Personnel Board), and Ellen Wang (Senior Citizens Commission) to a second full term. Establish Appointment Subcommittees with Mayor Diaz Nash and the Commission Liaison to interview for vacancies on the Community Relations Commission, Senior Citizens

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Commission, Sustainability and Infrastructure Commission, Park and Recreation Commission, Planning Commission, Library Board, Personnel Board, and Measure S Oversight Committee.

PUBLIC COMMENT
Allison McQueen requested more painting for street safety; Katherine Hart requested Council do their research to design bike lanes with everyone in mind including businesses that will be impacted; Frank Elliott spoke regarding the application to make Baywood Historic and to let Baywood vote.

Alice Robinson, Simina, Inas, Linda, Lina, Ameena, Heba N., Samia Shoman, Basan Zaro, Batool Zaro, Zack, Noble Mushtak, Ringit Ronnberg, Tammi Michael, Ramy Asia, Muhammad Bakir, Makmoor, Elaine Ruda requested to add a ceasefire resolution proposed by the community.

PUBLIC HEARING

14. 2024 Solid Waste Collection Rates – Increase
Jack Johnson, Waste Management Supervisor, and Rick Simonson & Gabe Sasser, HFG Consultants, gave the presentation.

Council asked questions of staff.

The Mayor opened Public Comment, Dianne Whitaker recommended increases with one uniform percentage increase across the board. The Mayor closed Public Comment.

Motion to Adopt a Resolution to establish maximum rates for solid waste, recycling, and organics collection for rate year 2024; and adopt a resolution authorizing the Finance Director to appropriate $1,000,000 from the Solid Waste Fund unassigned fund balance and remit to Recology to reduce the City’s balancing account deficit by September 30, 2024. Motion passed 5-0.

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

Enactment: Resolution Nos. 23 and 24 (2024)
Council recessed from 8:59 p.m. to 9:15 p.m.

15. General Plan Amendment to Adopt Strive San Mateo General Plan 2040 Zachary Dahl, Interim Community Development Director, and Joanna Jansen, Principal, PlaceWorks, gave the presentation.

Council asked questions of staff.

The Mayor opened Public Comment:

Laurie Watanuki concerned with reclassification of 5th and 9th streets to minor arterials which will create more traffic, also commented on community benefits; David Light spoke regarding the Yoshiko Yamanouchi House is an historic resource and the plan fails to take the impacts to this historic district into consideration and recommends not approving the EIR until there is mitigation for this; Rick Bonilla recommends approving EIR and bring back High II. Ken Abreu expressed concern for housing and open space and parks and supports higher building heights Diane Whitaker revise Chapter 5 to include words contributor and non-contributors. Robert Whitehair supported mixed use High designation in the general plan. Laurie Hietter expressed concerns with General Plan EIR is flawed,

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Jordan Grimes spoke in support of High II designation. Connie Weiss, Lisa Vande Voorde, and Taso Zografos spoke in favor of putting back the term contributors into General Plan 20240.

Council discussion ensued. Council provided direction for the Borel site to be designated as mixed-use high, which will require further discussion with the Planning Commission and a Council majority provided direction for mixed- use high designation for the Marriott site.

Motion to Adopt a Resolution to certify the General Plan’s Final Environmental Impact Report (EIR) and adopt a resolution adopting Strive San Mateo General Plan 2040 and the Climate Action Plan Technical Update, based on the listed findings. Motion passed 5-0.

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

Enactment: Resolution Nos. 25 and 26 (2024)
Council recessed from 11:15 p.m. to 11:25 p.m.

OLD BUSINESS

16. City Council Priority List – Review Draft Priorities and Overall Updates Denise Garcia, Management Analyst II, gave the presentation on the proposed work plan and resource requirements for the draft City Council fiscal year 2024-25 priorities.

Council asked questions of staff.

Bry Meyers spoke regarding Vision Zero Action Plan; George Musante requests allocating funds or staff for support of Toyonaka Sister City programs; Robert Whitehair represents the San Mateo Climate Action team and thanked Council for putting the decarbonization objective so high on the list and spoke about grants and funds available; Mike Swire thanked staff for incorporating Vision Zero into the master plan, but we need more funding and staff.

Discussion ensued. Council provided direction on the priority list for further action to be taken on the April 15, 2024 Regular Meeting.

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

Council Member Hedges proposed bringing back a Council discussion on the Historic Designation of the Baywood Neighborhood soliciting a vote within the neighborhood, staff provided clarification on the future steps, Council Member Hedges proposed a future agenda item on this topic, there was not a Council majority to support this. Council Member Loraine requested that he be added to the Appointment Subcommittee for the Planning Commission, staff clarified the process, and a Council majority approved bringing this discussion back during the April 1, 2024 Council Meeting.

ADJOURNMENT –The meeting adjourned at 1:05 a.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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1 PLANNING COMMISSION

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

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

June 12, 2024
City Hall Conference Room C 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

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

NEW BUSINESS

1. Planning Commissioner – Interviews
The Appointment Subcommittee for the Planning Commission, comprised of Mayor Lisa Diaz Nash, Deputy Mayor Rob Newsom Jr., Council Member Adam Loraine and Council Member Amourence Lee, with Planning Manager Manira Sandhir advising will interview the following applicants to fill one vacant seat on the commission and to establish an eligibility list for a future vacancy: Vikash Bhagwandin, Heather Damelio, Phil Mieszkowski, Michael Ross, Adam Klafter, Jennifer Kim, Dianne Whitaker, Alexander Seroff, Elizabeth Kioa, Sergio Zygmunt Public Comment: Public comment was provided in support of candidates for the vacancy by Gene Alston, Laurie Watanuki, Lisa Vande Voorde, Tom Lease, Frank Elliot, and Jordan Grimes.

Following the interviews, the appointment subcommittee deliberated. A consensus direction was provided to recommend to the City Council that Adam Klafter be appointed to the Planning Commission for a full-term beginning June 17, 2024, through June 10, 2028, and place Dianne Whitaker and Jennifer Kim on the eligibility list for six months, should another vacancy on the Commission occur.

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

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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

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

June 17, 2024
City Hall Council Chambers 5:00 PM
Special Meeting
CALL TO ORDER at 5:00 p.m.

Roll Call

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

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:10 p.m. to consider:

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

Employee Organizations: Police Sergeants’ Association, San Mateo City Employees Association, SEIU Maintenance and SEIU Non-Merit Part-Time
Council reconvened at 5:33 p.m.

STUDY SESSION

2. Historic Policy Workplan and Timelines – Overview and Council Direction Zachary Dahl, Community Development Director, gave the presentation on historic policy workplan options.

Public Comment:

Frank Elliot suggested adding a land use attorney and does not support the local designation process.

Laurie Watanuki. spoke in favor of option 1. Shawn Fahrenbrach does not support and feels there needs to be some disincentive for people requesting historic preservation status. Kolja stated it is not a priority – city departments are understaffed. Anna Kuhre spoke against ordinance update; ordinances have been rescinded. Jay Kuhre encouraged Council to take action to take decision making out of the hands of organizations, Gene Alston expressed support for option 3. Timothy Elliott spoke for the need of inclusivity and transparency in process. Tom Lease spoke to the need to prioritize implementation. Lisa Vanda Voorde spoke in favor of option 1. Laurie H. thanked staff for working on this and is in favor of option 1. Jeremy Levine has been following Baywood and we do not have good information on historic preservation, no place where all this information is combined. The State does not even have an inventory.

Council discussion followed.

Council consensus and direction to staff was Option 1: to prioritize implementation. City Manager Khojikian clarified that staff would provide an update in early December.

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

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
June 17, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:07 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Juneteenth - Recognition - Carolyn Hoskins, Hoskins Black History Museum & Learning Center, received the proclamation.

2. Mayor’s Quarterly Hero Award – Flood Free San Mateo - Alex Cwirko-Godycki and Mareva Godfrey, Flood Free San Mateo, received the proclamation.

CONSENT CALENDAR
The following items, 3 through 22, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

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

3. Citywide Custodial Services – Amendment
Approve Amendment No. 7 to the service agreement with Imperial Maintenance Services, Inc. for Citywide Custodial Services to exercise the final one-year extension; increase the agreement by $1,048,870.97, for a total agreement amount not to exceed $6,420,635.22; and authorize the Public Works Director to execute Amendment No. 7 in substantially the form presented.

4. City Standard Drawings – Update
Adopt a Resolution to update the City’s Standard Drawings for trenching and asphalt speed cushions and to include new drawings for pavement restoration, streetlight details, pavement markings, and signposts and authorize the Director of Public Works to sign the drawings as approved.

Enactment: Resolution No. 42 (2024)

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5. Technical Planning Services for Fiscal Year 2022-2023 – Agreement Adopt a Resolution to approve an alternative purchasing procedure; approve an agreement in an amount not to exceed $31,663.75 with Good City Company for technical planning services delivered during fiscal year 2022-23; and authorize the City Manager to execute the agreement in substantially the form presented.

Enactment: Resolution No. 43 (2024)

6. Caltrans 82/ECR Roadway Rehabilitation Upgrade Project – Agreement Adopt a Resolution to approve an agreement with Caltrans for 82/ECR Roadway Rehabilitation Upgrade Project and authorize the Public Works Director to execute the agreement in substantially the form presented.

Enactment: Resolution No. 44 (2024)

7. On-Call Transportation Services for Various Projects – Amendments Approve Amendment No. 1 to the agreements with AECOM Technical Services, Inc., Fehr & Peers, Kittelson and Associates, Inc. and Steer Davies and Gleave, Inc. to extend each agreement term through June 30, 2026, include up to one optional one-year extension, and increase each agreement by $150,000 for total not-to-exceed amounts of $400,000 each; and authorize the Public Works Director to execute the amendments in substantially the form presented and execute any future term extensions or amendments that do not change the not-to-exceed amount of the agreements.

8. Fiscal Year 2024-25 General Liability and Property Insurance – Purchase Authorization Authorize a staff committee comprised of the City Manager, the Finance Director, and the City Attorney to select the most cost-effective program to insure the City's general liability, property risks, and Library, and authorize the City Attorney to execute all required documents to purchase the selected insurance for fiscal year 2024-25.

9. 2023 Rail Corridor Transportation Management Association – Annual Report Review and accept the 2023 San Mateo Rail Corridor Transportation Management Association Annual Report.

10. Wastewater Treatment Plant Upgrade and Expansion Project Engineering Services – Amendment Approve Amendment No. 2 to the agreement with Trussell Technologies, Inc. for additional engineering services for the Wastewater Treatment Plant Upgrade and Expansion Project and increase the agreement by $122,763, for a new not-to-exceed total agreement amount of $222,713; approve a contingency reserve in the amount of $12,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

11. Fiscal Year 2024-25 Water Quality Control Plant Supply of Chemicals – Contracts Award contracts for chemical supplies to: (1) Univar Solutions USA, Inc. to supply sodium hypochlorite in the amount of $1,438,280; (2) Thatcher Company of California, Inc. to supply sodium bisulfite in the amount of $359,570; (3) Kemira Water Solutions, Inc. for the supply of ferric chloride in the amount of $492,984; (4) Brenntag Pacific, Inc. for the supply of sodium hydroxide in the amount of $394,157; and (5) Brenntag Pacific Inc. for the supply of citric acid in the amount of $76,299; establish a 10% contingency reserve for each contract; and authorize the Public Works Director to execute the contracts in substantially the form presented and issue change orders within the contingency amounts.

12. Water Quality Control Plant Supply of Liquid Emulsion Polymer – Contract Adopt a Resolution to approve an alternative purchasing procedure and award a one-year contract to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $523,018, including sales tax and tariff; and authorize the Public Works Director to execute the contract in substantially the form presented.

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Enactment: Resolution No. 45 (2024)

13. Stormwater Fee for County Tax Rolls – Agreement
Approve a Special Charge Agreement through fiscal year 2024-2025, with annual renewals, with the County of San Mateo to administer collection of the City’s Community Flood and Storm Protection Fee, at a projected rate of $1.42 per parcel; and authorize the City Manager to execute the agreement in substantially the form presented.

14. November 5, 2024 General Municipal Election – Calling the District Election for Candidates Adopt a Resolution to call for and conduct the November 5, 2024 General Municipal Election; request consolidation with San Mateo County for election services; and authorize the City Clerk to execute the Service Agreement for the Provision of Election Services with the County of San Mateo for the Candidate election, in substantially the form presented.

Enactment: Resolution No. 46 (2024)

15. Private Development and Right-of-Way Support Services – Agreements Approve professional consultant services agreements for wireless permit review support services through June 30, 2026, with up to two optional one-year extensions, with: Envirobusiness, Inc. dba EBI Consulting, in an amount not to exceed $100,000; OSC Engineering in an amount not to exceed $100,000; and Waterford Consultants, LLC in an amount not to exceed $100,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue amendments within the budget amount including no-cost term extensions.

16. Storm Drain Master Plan Update - Budget Transfer and Amendment Adopt a Resolution to authorize a budget transfer in the amount of $600,000 from the Wet Weather Preparation Activities project to the Stormwater System Management and Improvement Program project; approve Amendment No. 1 with Schaaf and Wheeler for the Storm Drain Master Plan Update in the amount not to exceed $1,009,190 for a new total agreement amount of $1,104,190; establish a contingency reserve of $110,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

Enactment: Resolution No. 47 (2024)

17. Partial Excess General Liability Insurance Settlement Offer for Covid-19 Business Interruption for Parks and Recreation - Authorization
Authorize the City Attorney to take all necessary steps and execute appropriate documents to accept a partial excess general liability settlement offer from the City’s excess general liability insurance carrier, McLarens, for fiscal year 2019-2020, in the amount of $54,878, for loss of revenue and other expenses related to COVID-19 for the Parks and Recreation department. In addition, authorize the City Attorney to execute all required general liability insurance documents to recover the loss for all future settlement offers related to this claim.

18. Police Department Trailer Camera Purchase - Change Order Approve a change order in the amount of $10,568.25 to the Purchase Order with Mobile Pro Systems for the purchase of two grant-funded surveillance camera trailers; authorize the Chief of Police to issue change orders of up to $50,000 cumulatively; and authorize the City Manager to issue change orders in excess of $50,000 but not to exceed $100,000 cumulatively.

19. Central Recreation Center Self-Help for the Elderly – Lease Amendment Adopt a Resolution to approve an alternative purchasing method; approve a lease amendment to extend the term

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of the lease with Self-Help for the Elderly for the use of Central Recreation Center; authorize the City Manager to execute the lease amendment in substantially the form presented.

Enactment: Resolution No. 48 (2024)

20. Department of Information Technology – Classification Updates Adopt a Resolution to correct the salary range for the classification of Customer Service Manager.

Enactment: Resolution No. 49 (2024)

21. Recruitment Services – Change Order
Approve Change Order No. 2 to the contract with It's Personnel Consulting for the purpose of professional recruitment services in the amount of $60,000.00 for a new contract total of $150,000.00; and authorize the City Manager to execute the change order in substantially the form presented.

22. Boards and Commissions Appointment Subcommittee – Appointment Recommendation Appoint Jennifer Kim to the Community Relations Commission for a partial term from June 17, 2024, through June 10, 2026, and place Charles Hansen and Lamoin Werlein-Jaén on the eligibility list for six months, should another vacancy on the Commission occur. Appoint Edward “Rich” Kranz to the Sustainability and Infrastructure Commission for a full-term beginning June 17, 2024, through June 10, 2028, and place Theodore McKinnon and Segio Zygmunt on the eligibility list for six months, should another vacancy on the Commission occur. Appoint Annie Tsai to the Library Board for a partial term from June 17, 2024, through June 10, 2025, and place Lindsey Martinson and Alison Joly on the eligibility list for six months, should another vacancy on the Board occur. Appoint Adam Klafter to the Planning Commission for a full-term beginning June 17, 2024, through June 10, 2028, and place Dianne Whitaker and Jennifer Kim on the eligibility list for six months, should another vacancy on the Commission occur.

The newly appointed commissioners and board member were sworn into office by the City Clerk.

PUBLIC COMMENT
Amy Jussel spoke about the fire on Mariner’s Island on June 12th and its effect on the birds. Selina Zhang, Mark Yu, Amanda Yu, and Griffin Lee commented on the impacts of artificial turf on the environment and community health.

PUBLIC HEARING

23. Downtown Business Improvement Area – Annual Renewal Jennifer Chen, Economic Development Manager, and Mackenzi Jakoubek, Downtown San Mateo Association, gave the presentation.

The Mayor opened public comment.

Public Comment – Amy Lee; Katherine Levit; Robert Anderson; and Erica Woods, San Mateo Chamber of Commerce, spoke to the item.

The Mayor closed public comment.

Council asked questions of staff and made comments.

Motion to Adopt a Resolution to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2024-25. Motion passed 5-0.

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

Enactment: Resolution No. 50 (2024)
Council recessed from 8:16 p.m. to 8:21 p.m.

24. By-Right Housing Opportunity Overlay District – Zoning Code and Map Amendments – Ordinance Introduction Steve Golden, Principal Planner, gave the presentation.

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

The Mayor opened public comment.

Public Comment – Anthony Carroll, Edward Evans, and Michael Reagan spoke to the item.

The Mayor closed public comment.

Council asked questions of staff and made comments.

For the second section, rezoning the parcel at 200 South Fremont Street, Council Member Lee recused herself because she lives within 500 feet of the real property interest.

The Mayor opened public comment and there were no speakers. The Mayor closed public comment.

Motion to Introduce an Ordinance amending San Mateo Municipal Code Title 27 Zoning, to add Chapter 27.94, Housing Opportunities Overlay District (H), which would allow certain types of housing projects by-right on specified parcels, and amending the San Mateo Zoning Map to establish the “H” overlay on 39 parcels. Motion passed 4-1.

Moved: Lee, Seconded: Loraine
Ayes: Diaz Nash, Newsom, Lee, and Loraine
Noes: Hedges
Introduce a separate ordinance reclassifying the zoning for 200 S. Fremont Street from R4-D to R4-D/H; and find that the ordinances are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With A Community Plan, General Plan, or Zoning). Motion passed 4-0.

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

25. 1528 S. El Camino Real - Zoning Map Amendment and Modifications to an Existing Mixed-Use Building (PA-2023- 057)
Elaine Ling, AICP, Principal Planner, gave the presentation.

Michael Kastrop, The Kastrop Group, Inc., Applicant, gave a presentation.

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The Mayor opened public comment and there were no speakers. The Mayor closed public comment.

Council asked questions of staff and made comments.

Motion to Introduce an Ordinance to approve a Zoning Map Amendment to rezone a portion of the site at 1528 El Camino Real from R3 to C2-1/R4; and adopt a Resolution to approve the Site Plan and Architectural Review (SPAR) for interior changes and modifications to the conditions of approval for an existing mixed-use building to replace ten (10) live-work units with ten (10) residential units; and determine the project is exempt from the California Environmental Quality Act pursuant to Section 15183, based on the Findings for Approval and subject to the Conditions of Approval. Motion passed 5-0.

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

Enactment: Resolution No. 51 (2024)

26. Fiscal Year 2024-25 Operating and Capital Budgets and Gann Appropriations Limit Adoption and Fiscal Years 2024- 29 Capital Improvement Program – Approval
Karen Huang, Finance Director, gave the presentation.

The Mayor opened public comment and there were no speakers. The Mayor closed public comment.

Council asked questions of staff and made comments.

Motion to Adopt Resolutions to approve the fiscal year 2024-25 operating and capital budgets, the 2024-29 Capital Improvement Program and the fiscal year 2024-25 Gann appropriations limit. Motion passed 5-0.

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

Enactment: Resolution Nos. 52, 53, and 54 (2024)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Hedges commented on bike lanes. Newson commented on mosquito abatement facility. Future events were noted.

ADJOURNMENT –The meeting adjourned at 9:38 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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1 PARK AND RECREATION

COMMISSION APPOINTMENT

SUBCOMMITTEE
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Amourence Lee

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

July 8, 2024
City Hall Conference Room C 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

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

NEW BUSINESS

1. Park and Recreation Commissioner – Interviews
The Appointment Subcommittee for the Park and Recreation Commission, comprised of Mayor Lisa Diaz Nash, Deputy Mayor Rob Newsom Jr., Council Member Amourence Lee with Park and Recreation Director Joanne Magrini advising will interview the following applicants to fill one vacant seat on the commission and to establish an eligibility list for a future vacancy: Amy Jussel, Sabrina Ocampo, Vince Kurr, Amarilis San Vicente, Mike Etheridge, Dianne Whitaker, Robina Singh, John Medina, Michael Maslakowski Elizabeth Kioa, Kevin Wilkinson, John Ulrich
Public Comment: There was no public comment.

Following the interviews, the appointment subcommittee deliberated. A consensus direction was provided to recommend to the City Council that Sabrina Ocampo be appointed to the Park and Recreation Commission for a partial term through June 10, 2025 and place John Medina on an eligibility list for six months, should another vacancy on the commission occur.

ADJOURNMENT –The meeting adjourned at 7:31 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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

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

July 15, 2024
City Hall Council Chambers 5:00 PM
Special Meeting
CALL TO ORDER at 5:00 p.m.

Roll Call

CLOSED SESSION
Following the opportunity for public comment, there were four speakers: Eric M, Mark C, Jesse Dolan, and Rick Bonilla spoke regarding Item #1, the City Council convened into Closed Session at 5:12 p.m. to consider:

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

Employee Organizations: Police Sergeants’ Association, San Mateo City Employees Association, SEIU Maintenance and SEIU Non-Merit Part-Time
2 Conference with Legal Counsel - Existing Litigation, Workers' Compensation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of the case: Ryan Cronin
Council reconvened at 5:58 p.m.

STUDY SESSION

3. Train Horn Noise – Status Update
Tina Pham, Senior Engineer, and Karen Magallanes, Assistant Engineer, gave the presentation on the status of efforts to minimize train horn noise impacts.

Public Comment: Angus Chander, Kevin Simpson, Rick Bonilla, Peter Martin, Lily Jow, Kevin Jow, Lorraine Walters, Chris Mirena, Jennifer Martin, Darya Savage, Michael Weinhauer, Bing Luo, Peter Morgan spoke to the item.

Council commented and asked questions of staff.

Council consensus was for the closure at Villa Terrace, consideration of a temporary closure at East Belleview and would like more community outreach and additional deliberation.

ADJOURNMENT –The meeting adjourned at 7:18 p.m.

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APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, Deputy City Clerk

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

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
July 15, 2024
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:32 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Park and Recreation Month – Proclamation - Joanne Magrini, Director of Parks and Recreation, and Parks and Recreation staff received the proclamation.

2. Wildland Fire Prevention – Informational Update - Melinda Martin, Deputy Fire Marshal, gave the presentation.

3. Disability Pride Month – Proclamation – Ligia Zuniga, President, Center for Independence of Individuals with Disabilities, received the proclamation.

CONSENT CALENDAR
The following items, 4 through 28, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were two speakers. Michael Reagan spoke to item 23 and Dave Cohen of Ethics San Mateo spoke to item 28. Motion passed 5-0.

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

4. City Council Meeting Minutes – Approval
Approve the following minutes: the special and regular meetings of May 6, 2024, May 20, 2024, and June 3, 2024; and the special meeting minutes of May 22, 2024, and May 30, 2024.

5. Columbia/Crystal Springs Storm Drain Improvements – Agreement Approve an agreement with W. R. Forde Associates, Inc. for the Columbia/Crystal Springs Storm Drain Improvements in the amount of $728,654; establish a contingency reserve in the amount of $146,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

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

7. Citywide Street Rehabilitation Package 5-B - Agreement Approve an agreement with G. Bortolotto & Company, Inc. for Citywide Street Rehabilitation Package 5-B Project in the amount of $4,314,516.30; establish a contingency reserve in the amount of $648,000.00; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

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

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

Enactment: Resolution No. 55 (2024)

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

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

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

Enactment: Resolution No. 56 (2024)

13. 2nd and El Camino Garage Improvements Phase 1 – Change Order Approve Contract Change Order No. 1 to the construction contract with Angeles Contractor, Inc. in the amount of $754,783.85, for a revised not-to-exceed contract amount of $1,446,693.80; increase the contingency reserve

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amount by $75,000, for a revised total contingency reserve of $180,000; and authorize the Public Works Director execute Change Order No. 1 in substantially the form presented and issue additional change orders within the contingency amount.

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

Enactment: Resolution No. 57 (2024)

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

16. Integrated Supervisory Control and Data Acquisition System Maintenance and Improvement – Change Order Approve Contract Change Order No. 3 with Enterprise Automation, LLC for upgrading and maintaining the City’s Supervisory Control and Data Acquisition system in an amount not to exceed $151,523, for a revised total contract amount not to exceed $350,679; extend the term of the contract through July 31, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented and additional change orders within the existing contingency reserve including no-cost time extensions. 17 Young Tree Watering Services – Agreement
Approve a two-year agreement for Young Tree Watering with West Coast Arborist, Inc. in an amount not to exceed $260,000, and authorize three, one-year extensions of up to $130,000 per year, for a total amount not to exceed $650,000; and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.

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

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

Enactment: Resolution No. 58 (2024)

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

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Enactment: Resolution No. 59 (2024)

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

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

Enactment: Resolution No. 60 (2024)

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

Enactment: Ordinance Nos. 2024-04 and 2024-05

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

Enactment: Ordinance No. 2024-06
25 Transportation Fund for Clean Air – Grant Application Adopt a Resolution to approve an application to the City/County Association of Governments of San Mateo County’s Transportation Fund for Clean Air Grant funding to replace a diesel street sweeper with a battery electric street sweeper for an estimated total cost of $900,000, inclusive of a 60% (or $540,000) grant amount and a 40% (or $360,000) City local match; and, if awarded, appropriate the grant funds to the Solid Waste Fund; and authorize the City Manager to execute all required grant documents.

Enactment: Resolution No. 61 (2024)

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

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Enactment: Resolution No. 62 (2024)

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

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

Newly appointed Park and Recreation Commissioner Sabrina Ocampo was sworn into office by the City Clerk.

PUBLIC COMMENT
The following speakers spoke on the topic of small cell, wireless ordinance: Kelly Ryerson, Lindsay Raike, Yiwei Tang, Hunter Ryerson, Bill Wardwell, Maria Mavridis, Cristal Garcia, Irena Mavridis, John Connelly, Diana Rios-Dominguez, Judy Wong, Martin Elliott, Michelle M, Tom Lease, and Bernard Brand The following speakers spoke on labor negotiations: Eric Morkie, Leon Bowles, Mareva Godfrey, Nicole Fernandez, Mark Cooper, Raul Perez, Jesse Dolan, Jonathan Ayala-Zirate
The following speakers spoke to the Historic Resources Frank Elliott, Tim Elliott, Rick Bonilla, Jay Kuhre, Gerald Morena Gerald Morena spoke on leaf blowers, Trina Pierce thanked the City Manager for speaking with seniors at the King Center and requested the Council put an item on the agenda for their concerns.

PUBLIC HEARING

29. Potential Ballot Measure – Consideration of Placing a Land Use Measure on the November 2024 Ballot Christina Horrisberger, Assistant City Manager, gave the presentation.

Council recessed from 9:01 p.m. to 9:10 p.m.

Public Comment:

Patricia Porras, Maricela Ruiz, Miveya Rojos Axuzo, Adriana Vazquez, Maria Vazquez, and Tom Taber expressed concerns on lack of affordable housing; Charles Hansen, Dennis Martin, Robert Whitehair spoke in support of the proposed ballot measure; Laurie Wisherd, Tom Lease, Michael Ragan, Lisa Vande Voorde, Michael Weinhauer, Ann Margaret, and Gary Germano spoke against ballot measure, Kelly Newman express concerns about equitable housing. Jordan Grimes, John Ebneter, Ted McKinnen, Karol Eldridge, Rick Bonilla, Kiana Simmons requested Council reinstate High II housing.

Council asked questions of staff and gave comments.

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

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City Council Regular Meeting Minutes – 7/15/2024 Page 6 6 1
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containing the measure; and authorize an ad hoc subcommittee of the City Council to prepare an argument in favor of the measure, and a rebuttal argument, to be submitted to the City Clerk. Motion passed 5-0.

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

Enactment: Resolution No. 63 (2024)
Council recessed from 10:14 p.m. to 10:21 p.m.

30. 619 W. 39th Avenue - Appeal of a Third Story Addition to an Existing Two-story Single-Family Residence (PA-2023- 017)
Rendell Bustos, Senior Planner, and Ralph Robinson, Contract Planner, gave the presentation.

Rick Deutsch read Appellant Katherine Doughty’s presentation.

Applicant Steve Lesley gave a presentation.

Public Comment: There were no speakers.

Appellant Katherine Doughty gave her rebuttals.

Applicant Steve Lesley gave his rebuttals.

Council asked questions of staff.

Motion to extend the meeting beyond 11:00 p.m. Motion passed 5-0.

Moved: Hedges, Seconded: Loraine
Ayes: Diaz Nash, Newsom, Hedges, Lee, and Loraine
Noes: None
Motion to Adopt a Resolution to deny the appeal of the Zoning Administrator and Planning Commission decisions to approve a Single-Family Dwelling Design Review (SFDDR) for a 438 square-foot third story addition to an existing two-story single-family residence at 619 W. 39th Avenue, based on the Findings for Approval and subject to the Conditions of Approval. Motion passed 5-0.

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

Enactment: Resolution No. 64 (2024)

NEW BUSINESS

31. Update Preliminary Application Review and Design Review Requirements for New Development Projects Elaine Ling, AICP, Principal Planner, gave the presentation.

Public Comment: There were no speakers.

Council asked questions and made comments.

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Motion to extend the meeting beyond 11:30 p.m. Motion passed 5-0.

Moved: Loraine, Seconded: Hedges
Ayes: Diaz Nash, Newsom, Hedges, Lee, and Loraine
Noes: None
Council discussion continued.

Motion to Adopt Resolutions to (1) repeal Resolution No. 69 (2020) and adopt an Early Community Engagement Process for Development Projects, including changes to a mandatory Planning Commission study session requirement and simplification of the noticing and neighborhood meeting procedures for all planning applications, and (2) repeal Resolution No. 67 (1996) Design Review Process for Certain Development Projects; and find that the policy updates are exempt from the California Environmental Quality Act pursuant to Guidelines Section 15378(b)(2). Motion passed 5-0.

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

Enactment: Resolution Nos. 65 and 66 (2024)

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

ADJOURNMENT –The meeting adjourned in the memory of Mike Levinson at 11:44 p.m.

APPROVED BY: SUBMITTED BY:

Lisa Diaz Nash, Mayor Martin McTaggart, City Clerk

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-9054 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 03, 2024
SUBJECT:

Community Relations Commission Amendment – Ordinance Adoption RECOMMENDATION:

BACKGROUND:

On August 19, 2024, the City Council introduced 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. 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. If adopted, the ordinance will become effective 30 days after its adoption.

BUDGET IMPACT:

There is no budgetary impact associated with this ordinance adoption.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Ordinance
Att 2 - Proposed Ordinance - Tracked Changes

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

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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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3 (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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4 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 four- year 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.

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4 (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: 6 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-9055 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 03, 2024
SUBJECT:

Youth Commissioners – Ordinance Adoption
RECOMMENDATION:

Adopt 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:

On August 19, 2024, the City Council introduced 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. Clean and tracked- changes versions of the Ordinance are attached. If adopted, the Ordinance will become effective 30 days after its adoption.

BUDGET IMPACT:

There is no budgetary impact associated with this ordinance adoption.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Ordinance
Att 2 - Proposed Ordinance - Tracked Changes

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

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8 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 non- voting 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.

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8 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.

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3 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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3 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
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8974 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 03, 2024
SUBJECT:

Flag Policy – Adoption
RECOMMENDATION:

Adopt a Resolution to approve the Flag Policy to standardize the display of the Flag of the United States of America, the Flag of the State of California, and non-governmental flags at City facilities and authorize the City Manager to make non- substantive changes as needed.

BACKGROUND:

The City of San Mateo customarily displays the United States Flag and the California State Flag in accordance with United States Code, Title 4, Chapter 1 (Flag Code) and California Government Code Sections 430-439. However, the San Mateo City Council has occasionally directed the display of non-governmental flags to symbolically support official City sentiments.

While the display of non-governmental flags at City Hall has been Council-directed in the past, an administrative policy is necessary to formally establish protocol and affirm flag displays on city property as a medium for expressing the City’s sentiments, as opposed to private expression or speech by individuals, groups, and organizations that can raise issues under the First Amendment.

Presently, flag display inquiries are coordinated by the City Clerk’s Office and the intent to display non-governmental flags is declared in a Ceremonial proclamation read by the Mayor. This proposed policy establishes parties responsible for the care and compliance of flag displays – delegating approval power to the City Council, and delegating coordination and compliance responsibilities to the City Manager’s Office and City Clerk’s Office respectively. Department Heads will designate City staff to maintain flag displays at City facilities and coordinate with the aforementioned parties to ensure compliance with this policy.

The proposed policy also defines procedures and circumstances for the flying of flags at half-staff during Federal or State occasions. Additionally, Local Prerogative, authorized by Presidential Proclamation 3044, allows for half-staff displays under locally relevant circumstances. These scenarios may include the death of prominent community member, staff member, and current or former Council Members; occasions of mourning and remembrance; death of a resident servicemember killed in the line of duty; or extraordinary loss of life or loss of public safety members nationwide. Half-staff displays under these circumstances may be directed by the City Manager without Council approval. Half-staff displays at police and fire stations for fallen members may also be directed by the Police Chief or Fire Chief of the San Mateo Consolidated Fire Department.

Procedures outlined in this policy pertain to outdoor flag displays but are applicable to indoor displays in the Council Chamber, auditoriums, and meeting halls. The policy declares that the City is responsible for the purchase and care of flags

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and shall follow U.S. Flag Code procedures for the honorable stowage and respectful disposal of retired flags governmental flags.

The policy further affirms that the display of non-governmental flags shall be directed by City Council and adopted in conjunction with official actions, ceremonial items, or proclamations. Adoption of this policy does not encroach on an individual’s right to wear, carry, or display a flag on their own private property.

BUDGET IMPACT:

The City will take responsibility for obtaining and paying for any approved non-governmental flags.

ENVIRONMENTAL DETERMINATION:

This policy 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

STAFF CONTACT
Erin Fellers, Management Analyst I
[email protected]
(650) 522-7066

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47 of 177

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8997 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 03, 2024
SUBJECT:

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

Approve Amendment No. 4 to the professional services agreement with Signet Testing Laboratories, Inc. (Signet) for as- needed construction special inspection services for various Clean Water Program projects; increase the compensation for the agreement by an additional $150,000, for a total revised agreement amount of $2,550,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project specific task orders under the agreement.

BACKGROUND:

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

On February 22, 2022, the City Council approved a professional services agreement with Signet Testing Laboratories, Inc. (Signet) to provide as-needed construction special inspection services for various projects under the Clean Water Program in an amount not to exceed $1,500,000 with three one-year options to extend the contract at the City‘s discretion.

On April 4, 2023, the City Council approved Amendment No. 1 to increase the compensation by $400,000 to 1,900,000. On November 6, 2023, the City Council approved Amendment No. 2 to increase the compensation by $250,000 to $2,150,000.

On February 12, 2024, Public Works Director approved Amendment No. 3 in accordance with the original agreement and increased the compensation amount by $250,000 to $2,400,000 and extended the contract by one year to February 28, 2025.

During the past year, construction special inspection services exceeded the projections for the services required for inspecting the application of protective coatings on the treatment basins and piping. In addition, the construction work has gone longer than originally projected due to changes in the field as well as an extended timeframe to install the pipe.

Signet has been performing these construction special inspection services satisfactorily for the City.

In order to complete the remaining inspections for the CWP projects, additional special inspection services from Signet are required. The proposed Amendment No. 4 to the agreement with Smith Emery will add $150,000 to the agreement and bring the total agreement to $2,550,000.

Staff believes this to be a reasonable budget increase for the scope of work and expertise required and recommends the

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approval of Amendment No. 4 to the Agreement with Signet.

BUDGET IMPACT:

There are sufficient funds available in the various CWP project budgets requiring these services.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 4

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

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2 AMENDMENT NO. 4 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
SIGNET TESTING LABORATORIES, INC. FOR

CONSTRUCTION SPECIAL INSPECTION SERVICES FOR THE CLEAN WATER PROGRAM ($1,500,000 [Original Amount], $400,000 [Amendment No. 1], $250,000 [Amendment No. 2], $250,000 [Amendment No. 3], $150,000 (Amendment No.4))
This Amendment is 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 Signet Testing Laboratories, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into an Agreement for professional services (“Agreement”) on March 4, 2022; and
WHEREAS, on April 4, 2023, Amendment No. 1 was executed, which increased the compensation by $400,000, for a new Agreement total of $1,900,000; and WHEREAS, on November 8, 2023, Amendment No. 2 was executed, which increased the compensation by $250,000, for a new Agreement total of $2,150,000; and WHEREAS, on February 12, 2024, Amendment No. 3 was executed, which exercised the first one- year option and modified the term end date to February 28, 2025, and increased the compensation by $250,000, for a new total Agreement of $2,400,000; and
WHEREAS, CITY and CONSULTANT wish to amend the Agreement to increase the total compensation of the Agreement in an amount of $150,000, for a new total Agreement amount of $2,550,000.

NOW, THEREFORE, the parties agree as follows:

1. The first paragraph of Section 8 — “Payment” of the Agreement is amended as follows:
“Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances, of services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $2,550,000 without prior written authorization. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit C.”

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

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2 IN WITNESS WHEREOF, CITY OF SAN MATEO and SIGNET TESTING LABORATORIES have executed this Amendment No. 4 on __________________.

CITY OF SAN MATEO CONSULTANT
Signet Testing Laboratories, Inc.

Matt Fabry
Public Works Director
Date Robet V. Tadlock
Its Authorized Agent
CEO/President
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-9004 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 3, 2024
SUBJECT:

Police Department Parking Surface 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 $359,148.55 for Police Department Parking Surface Improvements project; establish a contingency reserve in the amount of $36,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Police Department facility on Franklin Parkway has served the community for sixteen years. The structure is built on a base isolation system with a 1-story underground parking garage and surface parking at the street level. The material at the uncovered parking areas is made of polyurethane membrane for the purpose of waterproofing and is showing signs of deterioration. In 2023, the City engaged SIKA Corporation to perform an assessment that observed moisture penetrations in the garage below at various locations, and to provide a recommendation for repair with cost estimates for the purpose of developing a budget for construction of this project in Fiscal Year 2024-25.

The scope of work involves scraping, repair and leveling of cracks, sealing the concrete subfloor, resurfacing, and restriping. The description was used to develop a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on call" contracting program that is procured through one umbrella or framework contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

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

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

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CITY OF SAN MATEO
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the need to develop project specifications and eliminating the need for the 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. Given the important nature of the work, staff is requesting that City Council authorize a contingency fund of $36,000 (approximately 10% of bid price) to allow for potential unforeseen increases in construction costs.

BUDGET IMPACT:

There is sufficient funding available in the Police Station Parking Deck Resurfacing Project (46F048) to award this agreement and establish the 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 - 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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0 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 PARKING SURFACE IMPROVEMENTS PROJECT WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure 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 Parking Surface 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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0 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 Parking Surface 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 $359,148.55 to Angeles Contractor, Inc. for the Police Department Parking Surface 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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1 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 Parking Surface Improvements project which includes demolition and disposal; crack sealing, grinding; 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

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1 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

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1 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 well- known 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 – Scope of Work
b. Exhibit B – Insurance Requirements for Construction Contracts.

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

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

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

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

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1 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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1 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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1 ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times
C. The Work will be substantially completed within 90 days after the Effective Date of the Contract and completed and ready for final payment within 90 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 $500 per day is a reasonable approximation of the Owner’s damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $500 for each day that expires after the Contract Time for substantial completion.

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

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

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

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

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

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

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $359,148.55 for all Work.

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1 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.

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

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1 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,

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1 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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1 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.

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

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1 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

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1 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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1 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

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1 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

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1 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

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1 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 non- issuance of a certificate identified in 14.06.B, RPR will deliver to Owner a certificate of substantial completion which shall fix the date of substantial completion and include a punch list of items to be completed or corrected before final payment.

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1 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.

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1 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.

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1 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 Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on:
a. The cost, progress, and performance of the Work;
b. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and
c. Contractor’s safety precautions and programs.

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 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 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

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

ARTICLE 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.

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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.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-9005 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 3, 2024
SUBJECT:

Central Garage Parking Surface Improvements – Construction Contract RECOMMENDATION:

BACKGROUND:

The Central Parking Garage is located in downtown San Mateo, has a capacity of 398 parking spaces spanning across three blocks and consists of a two-level and four-level parking structure. The polyurethane membrane at the uncovered parking areas was installed in 2016 for the purpose of waterproofing and to improve the functionality and visitors’ experience at the garage. The membrane is starting to deteriorate and needs spot repairs to maintain its original waterproofing properties to increase its lifespan for an additional five to ten years. In 2023, the City engaged SIKA Corporation to perform an assessment that observed accelerated wear at various locations due to vandalism and heavy use and provided a recommendation for repair with cost estimates for the purpose of developing a budget for construction of this project in fiscal year 2024-2025.

The scope of work involves scraping, repair of cracks, sealing the concrete subfloor, and resurfacing. The description was used to develop a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on call" contracting program that is procured through one umbrella or framework contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

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CITY OF SAN MATEO
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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 the need for the 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. Staff is requesting that City Council authorize a contingency fund of $20,000 to allow for potential unforeseen increases in construction costs.

BUDGET IMPACT:

There is sufficient funding available in the Exterior and Interior Painting – Central Park Garage project (46F052) 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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7 CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO ANGELES CONTRACTOR, INC. FOR THE CENTRAL GARAGE PARKING SURFACE 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 Central Garage Parking Surface 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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7 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 Central Garage Parking Surface 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 $277,823.35 to Angeles Contractor, Inc. for the Central Garage Parking Surface 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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3 CONTRACT FOR CONSTRUCTION
This Contract is by and between.

ARTICLE 1 - THE WORK

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

The Project is generally described as follows:

1.Central Garage Parking Surface Improvements project which includes demolition and disposal; crack sealing, grinding; 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 323 S. Ellsworth Avenue, San Mateo, CA 94403.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

1. Architect: N/A

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

1. Engineer: McGinnis Chen Associates, Inc.

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:

C. Day:

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

D. Defective:

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3 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:

1.01 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 – Scope of Work
b. Exhibit B – Insurance Requirements for Construction Contracts.

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

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

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

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

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3 ARTICLE 3 - CONTRACT DOCUMENTS

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

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

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3 B. Resolving Discrepancies:

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3 ARTICLE 4 - CONTRACT TIMES

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

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $277,823.35 for all Work.

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3 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

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

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

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3 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.

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

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

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3 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.

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.

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.

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3 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.

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

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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3 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.

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.

H. Shop drawings are not Contract Documents.

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3 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.

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

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

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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3 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.

ARTICLE 10 - CHANGES IN THE WORK

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

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

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

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3 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;

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

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

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.

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3 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

13.02 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.

ARTICLE 14 - PAYMENTS TO CONTRACTOR

14.02 Applications for Payments:

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

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3 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.

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

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.

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3 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.

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;

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

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3 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.

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.

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

4. Contractor 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.

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

ARTICLE 17 - MISCELLANEOUS

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3 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.

1.11 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.

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3 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:

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

1.19 Coverage shall be at least as broad as:

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.

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.

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

ARTICLE 2 - OTHER INSURANCE PROVISIONS

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

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

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.

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

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.

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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.

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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: 11 Section Name: CONSENT CALENDAR Account Number: 10-2121 File ID: 24-9019 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: September 03, 2024
SUBJECT: Telephone System Replacement – Agreement
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve an Agreement with CDW Government, LLC (CDWG) for a term of five years, for the purchase of telephone equipment, services and software subscription in an amount not-to-exceed $517,633; and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

BACKGROUND:

The City’s current phone service is a Cisco Systems on-premises system comprised of servers, routers, telephones, a software subscription, and monthly carrier costs. After approximately sixteen (16) years of service, this system is due for replacement or upgrade. Staff performed a detailed cost analysis comparing the cost of an upgraded Cisco on-premises system to several cloud options, including Cisco Webex Calling, Microsoft Teams Calling, and Zoom Calling. This analysis determined significant savings would be realized with Zoom Calling. This option would also afford an opportunity to buy fewer telephone handsets in favor of cloud software-based calling and reduce or eliminate FAX machines.

Staff obtained a quotation for the proposed purchase through a purchasing cooperative known as Sourcewell. Sourcewell is a government agency that allows participants to pay less through competitively solicited, evaluated, and awarded contracts that leverage the cooperative buying power of local government agencies. CDWG is a participating vendor under Sourcewell contract #121923-CDW and is recommended because of the quality of its customer support and services. The proposed agreement from CDWG is provided as Attachment 2.

Municipal Code section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the City Council makes a finding concurrent with the award of the contract that the procedures are in the best interest of the City. The Sourcewell procurement service offers competitively priced contracts for goods and services, avoiding costs normally associated with the development of highly technical bid specifications, while assuring that competitive prices were received.

BUDGET IMPACT:

Funds have been accrued and are available through the Computer Replacement Fund for the first-year costs, an amount not to exceed $212,462.52. Yearly operational costs are budgeted in the City IT Department’s operational budget (Computer Software Subscriptions). The total amount of the purchase will be an amount not-to-exceed $517,633 over five (5) years.

ENVIRONMENTAL DETERMINATION:

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CITY OF SAN MATEO
Approval of this agreement is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the purchase of telephone equipment, services and an associated software subscription will have a significant effect on the environment. (CEQA Guidelines Sectoin 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - CDWG Agreement

STAFF CONTACT
Steve Engle, Systems and Network Manager
[email protected]
(650) 522-7062

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

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH CDW GOVERNMENT LLC,

FOR THE PURCHASE OF TELEPHONE HARDWARE, SOFTWARE, AND SERVICES FOR A FIVE-YEAR TERM WHEREAS, San Mateo Municipal Code section 3.60.070(h)(3) provides that the City may use an alternative purchasing procedures if the City Council makes a finding concurrent with the award for the contract that the procedures are in the best interest of the City; and WHEREAS, the City’s telephone system is comprised of hardware which is due for substantial upgrades, and annual software subscriptions; and
WHEREAS, the City’s Department of Information Technology has determined Zoom Calling, a cloud- based telephone subscription is the most cost-effective option to replace the City’s outdated telephone system; and
WHEREAS, the City’s Department of Information Technology has determined that CDW Government LLC best meets the City’s needs to deliver and implement the telephone system due to the quality of their customer support and services; and
WHEREAS, the City, as a local government agency, may participate in the Sourcewell purchasing cooperative, which is a government agency that allows participants to pay less through competitively solicited, evaluated, and awarded contracts that leverage the cooperative buying power of local government agencies; and
WHEREAS, based on the above, the City’s Department of Information Technology recommends entering into a five-year agreement with CDW Government LLC for the purchase and implementation of a Zoom Calling telephone system.

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

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

2. Pursuant to Municipal Code section 3.60.070 (h)(3), the purchase of a Zoom Calling agreement with CDW Government LLC utilizing the Sourcewell procurement service is in the best interest of the City because:
Sourcewell procurement service offers competitively priced agreements for goods and services that are pre-negotiated through cooperative purchasing that leverages the purchasing power of government agencies; and;
Utilizing the Sourcewell procurement service avoids costs normally associated with the development of highly technical bid specifications, while assuring that competitive prices were received.

3. An agreement with CDW Government LLC for five (5) years of telephone hardware and services in a total amount not to exceed $517,633 is approved, in accordance with the terms of the Sourcewell contract #121923-CDW.

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4 4. The Director of Information Technology is authorized to execute the agreement in substantially the form presented on behalf of the City.

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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: 14-1311 File ID: 24-9034 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: September 03, 2024
SUBJECT:
385 1st Avenue Lease – Amendment
RECOMMENDATION:

Approve a lease amendment with Next Level Sports until January 31, 2025, for the City-owned space at 385 1st Avenue in the south building of the Transit Center and authorize the City Manager to execute the lease in substantially the form presented.

BACKGROUND:

The south building of the Transit Center at 385 1st Avenue has been leased as office space since its construction in 2005. In June 2019, the City Council approved a three-year lease with a two-year option for Next Level Sports. Founded in 2011, Next Level Sports started with a community-driven youth flag football program at Junipero Serra High School. It is a for- profit sports organization providing a positive, grassroots experience for children from kindergarten to 8th grade, offering programs in flag football, basketball, volleyball, and summer sports camps.

Next Level Sports moved into the City-owned facility in 2019. Over the past five years, the organization has significantly outgrown the 1,670 square feet space. Although they planned to vacate the space at the end of the lease term on June 30, 2024, they have yet to finalize a lease for a new site that meets their requirements. While Next Level Sports sought to continue on a month-to-month basis, the City negotiated a short-term extension through January 31, 2025, with a 3% rent increase to $6,188 per month. This extension allows Next Level Sports to continue its search for a new location and provides the City time to find a new tenant while still receiving rent. It also keeps the space occupied through the winter, a typically slow period in the real estate market.

The space was last on the market in September 2018. Its proximity to the train tracks and lack of soundproofing made it challenging to lease, resulting in a nine-month vacancy before Next Level Sports became the tenant. While the space can be remodeled for food use, the building would require a significant investment in tenant improvements to accommodate this change. Therefore, staff believes this short-term extension is a prudent measure to support small business growth and maintain financial stability. It allows the City to keep receiving rent from a reliable tenant while the commercial property manager works to market the property, helping to minimize future vacancy periods.

BUDGET IMPACT:

This short lease amendment will generate $43,316 in revenues to the City. The revenue is deposited in the Downtown Parking and Maintenance Fund (Fund 28) and is used to fund improvements to the Downtown parking facilities and to cover Downtown maintenance expenses.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Lease Amendment

STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009

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ATL-1.02, Revised 10-22-2020

INITIALS
Last Edited: 8/12/2024 7:56 PM

Page 1 of 1 ends

2 n d AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE is made and entered into as of , by and between CITY OF SAN MATEO ("Lessor") and NEXT LEVEL SPORTS, LLC, A California Limited Liability Company ("Lessee").

WHEREAS, on or about June 17, 2019 a Lease was entered into by and between Lessor and Lessee relating to certain real property commonly known as (street address, city, state, zip): 385 First Avenue, San Mateo, CA 94401 (the "Premises"), and WHEREAS, Lessor and Lessee have have not previously amended said Lease on October 21, 2022, and WHEREAS, the Lessor and Lessee now desire to amend said Lease, NOW, THEREFORE, for payment of TEN DOLLARS and other good and valuable consideration to Lessor, the receipt and sufficiency of which is hereby acknowledged, the parties mutually agree to make the following additions and modifications to the Lease:

TERM: The Expiration Date is hereby advanced extended to January 31, 2025 .

AGREED USE: The Agreed Use is hereby modified to: .

BASE RENT ADJUSTMENT: Monthly Base Rent shall be as follows: from July 1, 2024 through January 31, 2025, the Base Rent for the Premises shall be the sum of Six Thousand, One Hundred and eighty-eight and 00/100 ($6,188.00) dollars per month. .

OTHER: .

This Amendment shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Amendment and any uncertainty and ambiguity shall not be interpreted against any one party. Signatures to this Amendment accomplished by means of electronic signature or similar technology shall be legal and binding.

All other terms and conditions of this Lease shall remain unchanged and shall continue in full force and effect except as specifically amended herein.

EXECUTED as of the day and year first above written.

By Lessor:

CITY OF SAN MATEO
By:

Name Printed: Alex Khojikian
Title: City Manager
Phone:

Fax:

Email: [email protected]
Approved as to form:

By:

Name Printed: Mazarin Vakharia
Title: Assistant City Attorney
Phone:

Fax:

Email: [email protected]
Address:

Federal ID No.:

By Lessee:

NEXT LEVEL SPORTS, LLC, A California
Limited Liability Company
By:

Name Printed: Lance Smith
Title: Member
Phone:

Fax:

Email: [email protected]
By:

Name Printed:

Title:

Phone:

Fax:

Email:

Address:

Federal ID No.:

AIR CRE * https:// www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in writing.

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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: 10-2311 File ID: 24-9036 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: September 3, 2024
SUBJECT:

Human Resources Department - Classification Updates
RECOMMENDATION:

Adopt a Resolution to approve the 1) new classification of Human Resources Manager, 2) the job specification and salary range for the classification of Human Resources Manager, and 3) the reallocation of the Senior Human Resources Analyst position to a Human Resources Manager.

BACKGROUND:

Since the inception of San Mateo Consolidated Fire Department (SMC) in January 2019, they have contracted with the City of San Mateo for Human Resources and Finance services. To fulfill Human Resources (HR) needs, a Senior Human Resources Analyst has been the dedicated on-site resource, providing professional level support to the Fire Chief and HR generalist services to all SMC personnel. Over the past year it has been realized that services necessary and provided are at a higher level than the current Analyst position. The Senior Human Resources Analyst specification does not fully describe the incumbent’s duties related to operating with considerable independence, and developing and implementing goals, objectives, policies, and priorities related to Human Resources for SMC.

After a review of job descriptions from other fire departments and similar in size local agencies, it is recommended that the City of San Mateo adopt a new classification of Human Resources Manager and reallocate the Senior Human Resources Analyst to Human Resources Manager to appropriately reflect the full scope of the actual duties and responsibilities of the position. It is recommended that the monthly salary range for the classification of Human Resources Manager be set at $12,242.30 – $14,599.59.

BUDGET IMPACT:

The reallocation of the Senior Human Resources Analyst to Human Resources Manager position is estimated to have a cost of $50,000 for fiscal year 2024-25. The Human Resources Manager position will then be built into any future budgets. This position is paid for by SMC.

ENVIRONMENTAL DETERMINATION:

These classification updates are exempt from CEQA review 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

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CITY OF SAN MATEO
Att 1 – Proposed Resolution
Exhibit A – Job Specification
Exhibit B – Merit Salary Schedule

STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
(650) 522-7264

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CITY OF SAN MATEO
RESOLUTION NO. __ (2024)

CLASSIFICATION UPDATES

HUMAN RESOURCES DEPARTMENT
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to Human Resources Department’s request to reallocate the Senior Human Resources Analyst position to Human Resources Manager to accurately reflect the full scope of the actual duties and responsibilities of the position; and WHEREAS, the proposed job specification for the classification of Human Resources Manager is attached hereto as Exhibit A; and the proposed salary range for the classification of Human Resources Manager is attached hereto as Exhibit B; and all exhibits are incorporated by reference; and WHEREAS, the employee association representing the impacted classifications have been informed of the job specification updates and have not brought forth any objections or concerns.

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

1. The classification updates are not subject to California Environmental Quality Act (CEQA Guidelines Section 15061(b)(3)) because it can be seen with certainty that they will not cause a physical change in the environment; and

2. The creation of the new classification Human Resources Manager, the job specification and salary range for the classification of Human Resources Manager; and

3. The reallocation of the Senior Human Resources Analyst position to Human Resources Manager are approved.

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Exhibit A

HUMAN RESOURCES MANAGER

DEFINITION
Under the general direction of the Human Resources Director, plans, organizes, oversees, coordinates, and manages the human resources functions of the San Mateo Consolidated Fire Department (Department), including recruitment and selection, employee relations, labor relations, administrative employee training and development, performance management, classification and compensation, workers’ compensation, and benefits administration; manages the effective use of department resources to improve organizational productivity and customer service; provides complex and professional-level support to the Fire Chief in areas of expertise; and performs related duties as assigned. Performs work that requires considerable independence, initiative, and discretion within guidelines.

SUPERVISION RECEIVED/EXERCISED
Administrative direction provided by the Fire Chief. Supervision provided by Human Resources Director. May exercise technical and functional supervision over professional and administrative support staff.

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

Plan, coordinate, and implement recruitment, examination, selection and onboarding processes.

When necessary for the position, coordinate and execute recruitment and assessment center duties in collaboration with outside vendors.

Interpret labor contracts and compensation and benefit plans and other Department rules, regulations, polices, and procedures; provide analytical and strategic support for labor negotiation matters; work with finance staff to determine proposal costs.

Manage the workers’ compensation program and provide oversight to the third-party administrator; regularly consult with workers’ compensation attorney; evaluate services offered by insurance provider and implement those beneficial to the Department and employees; advise injured workers of their rights and benefits; answer questions regarding benefits and eligibility and coverage disputes; promptly respond to legal requests and assist employees in navigating the PERS industrial disability retirement application process when necessary.

Administer comprehensive employee benefits program; including health insurance, pension and retiree health savings; partner with broker to stay informed about trends in the benefit

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marketplace and make recommendations for plan amendments; work closely with benefit providers to resolve issues; provide guidance on plan interpretation, explain benefit provisions, and eligibility requirements to staff.

Attend and participate in professional group meetings, monitor legislation, and analyze proposed legislation to determine impact on Department operations; make recommendations for changes and implement policy and procedural changes as required.

Administer employee protected leaves, return to work, modified duty and reasonable accommodation; ensure compliance with applicable laws, rules, and best practices.

Conduct and/or oversee investigations relative to complaints of discrimination and/or harassment; provide assistance and guidance to department managers in the use of and appropriate procedures to follow in taking disciplinary actions.

Prepare and present staff reports to Boards, Councils, and Commissions related to assigned activities and services.

Conduct a variety of organizational and operational studies. Review and evaluate service delivery methods and systems; including administrative and support systems and internal relationships; identify opportunities for improvement.

Work with legal counsel to prepare responses to government agencies, such as DFEH, EEOC, PERB, PERS, etc. as it pertains to human resources matters.

Serve as a consultant to Department managers and company officers to identify and solve complex, technical, and sensitive human resources issues.

Participate in the development, administration, and oversight of the division’s budget. Assist in the selection and management of vendors, consultants and service providers; oversee compliance of consultants and vendors with contract provisions.

Participate in the development and implementation of goals, objectives, policies, and priorities for the division; recommends and administers policies and procedures.

Administer the Department’s Personnel Rules pertaining to human resources, including grievances, recruitment and selection, medical examinations, performance evaluations, classification plan, wage and hour, compensation, personnel actions, layoffs, benefits, retirement, leaves of absence, discrimination and harassment, ethics, and disciplinary process.

Receive, investigate, and respond to difficult and sensitive problems and complaints in a professional manner in conjunction with legal counsel.

Serves as human resources liaison with Department member agencies and outside agencies.

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Direct the establishment and maintenance of working and official files.

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

Principles, practices, and techniques of human resources administration in a municipal setting, including recruitment, selection, equal employment opportunity, and employee orientation; job analysis and classifications; compensation and benefits analysis and administration, and employee and labor relations, including interpretation of laws, regulations, policies, and procedures.

Health and welfare benefits administration including cost structure of employee benefits.

Applicable Federal, State, and local laws, ordinances, procedures and regulations including administrative and Department policies and procedures.

Practices of researching human resources issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff and technical reports.

Administrative principles and practices, including goal setting, program development, implementation, and evaluations, project management, and budget development, administration and expenditure control.

Techniques for effectively representing the Department in contacts with governmental agencies and various business, professional, educational, regulatory, and legislative organizations.

Principles and procedures of statistical and administrative record keeping.

Safe driving principles and practices.

Ability to:

Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Independently perform the full range of responsible and difficult analytical and administrative work involving the use of independent judgment and personal initiative.

Direct the establishment and maintenance of a variety of filing, record keeping, and tracking systems for human resources matters for the Department.

Effectively administer a variety of human resources programs, functions, and administrative activities.

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Independently conduct studies and research projects, evaluate alternatives, make sound recommendations, and prepare effective staff and technical reports; present technical information and data in an effective manner.

Research, analyze, and evaluate human resources programs, policies, and procedures.

Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.

Work closely and professionally with the Department’s legal counsel on human resources matters.

Conduct research on a wide variety of human resources and administrative topics.

Interpret, apply, explain and ensure compliance with Federal, State, and local policies, procedures, laws and regulations.

Prepare clear and concise correspondence and reports on a variety of human resources and administrative issues.

Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.

Operate a motor vehicle safely.

Experience and Training Guidelines:

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

Experience:

Five (5) years of increasingly responsible human resources experience, including at least two (2) years of supervisory experience.

Training:

Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, human resources management, or a related field.

License or Certificate:

Possession of, or ability to obtain, an appropriate, valid driver's license Special Requirements:

Essential duties require the following physical skills and work environment:

Ability to work in a standard office environment; ability to travel to different sites and locations.

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ADOPTED CC: 09/03/2024
REVISED CC:

FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT-MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2108
ABOLISHED:

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Exhibit B
City of San Mateo – Merit Salary Schedule for Adoption by Council on September 3, 2024 Steps Hourly Biweekly Monthly AnnualStep 1 70.63 5650.40 12,242.30146,910.40Step 2 73.81 5904.80 12,793.49153,524.80Step 3 77.13 6170.40 13,368.94160,430.40Step 4 80.60 6448.00 13,970.40167,648.00Step 5 84.23 6738.40 14,599.59175,198.40 Human Resources Manager (job code 2108)

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 10-4677 File ID: 24-9045 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 03, 2024
SUBJECT:

Marina Lagoon Vegetation and Water Quality Management – Amendment No. 8 RECOMMENDATION:

Approve Amendment No. 8 to the professional services agreement with Waterworks Industries, Inc. for Aquatic Vegetation Management at the Marina Lagoon in the amount of $238,000, for a new agreement total of $2,094,960; and authorize the Public Works Director to execute Amendment No. 8 in substantially the form presented and issue amendments within the agreement amount.

BACKGROUND:

On February 3, 2020, City Council awarded Waterworks Industries, Inc. (Waterworks) a three-year professional services agreement in the amount of $539,730 (Agreement). Waterworks’ scope of work includes weekly inspections, water quality monitoring and reporting, regulatory support, algaecide and herbicide applications, vegetation harvesting, and debris removal and disposal. The current agreement expires February 3, 2025.

The Marina Lagoon is a dynamic environment, which makes it difficult to predict the most effective and efficient management strategies for any given year. Nuisance aquatic vegetation species are widgeongrass (Ruppia maritima) and filamentous algae (Cladophora). Left unchecked, these species proliferate to the point of interfering with motor boating and swimming; and pose odor and visual impacts to recreational users and adjacent residents. Due to warming water, shallowing of the water due to sedimentation, chemical restrictions, and other factors, the lagoon is producing an abundance of nuisance vegetation, which has required additional chemical treatments and mechanical harvesting to manage effectively.

Seven previous amendments have added additional scope, funds, and extended the Agreement to five years, bringing the current Agreement amount to $1,856,960. The previous amendments were as follows:
Amendment No. 1 in June 2020, added $93,000 in approved contingency necessary to effectively manage the lagoon.
Amendment No. 2 in August 2020, City Council approved adding additional work including developing a Management Plan.
Amendment No. 3 in May 2021, added $181,480 to fund an increase in the frequency and tasks as provided in the scope of work.
Amendment No. 4 in September 2022, added an additional $50,000 of the contingency to fund an increase in the frequency and tasks as provided in the scope of work
Amendment No. 5 in November 2022, City Council approved adding $830,000 and extended the term of the Agreement to March 2024.
Amendment No. 6 in March 2024, extended the term of the Agreement through February 3, 2025 (final year).

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CITY OF SAN MATEO
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Amendment No. 7 in August 2024, added the remainder of contingency funds in the amount of $117,980 to the Agreement.

Waterworks harvested approximately 80 tons of vegetation in 2021, which increased to 400 tons in 2022. In 2023, using a more effective but more costly herbicide, Imazamox, the amount harvested in 2023 decreased to approximately 100 tons.

In 2024, Waterworks has applied Imazamox twice as well as aquatic dyes and so far, has not needed to operate the harvesters. Additional funding is needed to fund services provided that were necessary to maintain water quality, regulatory compliance, recreational capabilities, and aesthetics.

The proposed amendment requests $238,000 from the Marina Lagoon operating budget. The increased costs are due to a combination of circumstances including 1) environmental factors and increased growth; 2) regulatory compliance; 3) product label changes and restrictions; 4) additional scope of work for inspections, water quality monitoring, consulting hours, and alternative treatment options; and 5) increased costs for products, equipment, fuel, disposal, and labor.

Based on the above, staff recommends for City Council to approve Amendment No. 8 in the amount of $238,000, for a new total Agreement amount of $2,094,960.

BUDGET IMPACT:

Sufficient funding is budgeted in the FY 2024-25 Marina Lagoon program operating budget.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 8

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CITY OF SAN MATEO
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STAFF CONTACT
Sven Edlund, Regulatory Compliance Manager, PW (Environmental Services Division) [email protected]
650-522-7296
Matt Fabry, PE, Director of Public Works
[email protected]
650-522-7309

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4 AMENDMENT NO. 8 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND WATERWORKS INDUSTRIES, INC. FOR

MARINA LAGOON VEGETATION AND WATER QUALITY MANAGEMENT
($539,730 [Original Amount], $93,000 [Amendment No. 1], $44,770 [Amendment No. 2], $181,480 [Amendment No. 3], $50,000 [Amendment No. 4], $830,000 [Amendment No. 5], $0 [Amendment No. 6], $117,980 [Amendment No. 7]), $238,000 [Amendment No. 8]) This Amendment is made and entered into this day of ___________ 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”) and Waterworks Industries, Inc. (“CONSULTANT”).

WHEREAS, CITY and CONSULTANT entered into a professional services agreement for Marina Lagoon Vegetation and Water Quality Management (“Agreement”) on February 4, 2020; and
WHEREAS, on June 24, 2020, CITY and CONSULTANT executed Amendment No. 1 to the Agreement to increase the compensation in the amount of $93,000, for a total Agreement amount of $632,730; and
WHEREAS, on August 18, 2020, CITY and CONSULTANT executed Amendment No. 2 to the Agreement to change the scope of work and increase the compensation by $44,770, for a total Agreement amount of $677,500; and
WHEREAS, on May 25, 2021, CITY and CONSULTANT executed Amendment No. 3 to the Agreement to increase the compensation by $181,480, for a total Agreement amount of $858,980; and
WHEREAS, on September 11, 2022, CITY and CONSULTANT executed Amendment No. 4 to increase the compensation by $50,000, for a total Agreement amount of $908,980; and WHEREAS, on December 13, 2022, CITY and CONSULTANT executed Amendment No. 5 to increase the compensation by $830,000, for a total Agreement amount of $1,738,980, and extend the contract to March 15, 2024; and
WHEREAS, on March 13, 2024, CITY and CONSULTANT executed Amendment No. 6 to the Agreement to extend the term of the Agreement to February 3, 2025; and WHEREAS, in August 28,2024, CITY and CONSULTANT executed Amendment No. 7 to increase the compensation by $117,980, for a new total Agreement amount of $1,856,960; and WHEREAS, CITY and CONSULTANT wish to amend the Agreement to increase the compensation of the Agreement by $238,000, for a new total Agreement amount of $2,094,960.

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4 NOW, THEREFORE, the parties agree as follows:

1. Section 5 – “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed.

In consideration for the full performance of the services set forth in Exhibits A, A1, and A2, CITY agrees to pay CONSULTANT a fee in an amount of $2,094,960, pursuant to rates stated in Exhibit B5 to this Agreement, attached and incorporated by reference.”

2. The remaining terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, CITY OF SAN MATEO and WATERWORKS INDUSTRIES, INC. have executed this Amendment No. 8 on _____________.

CITY OF SAN MATEO CONSULTANT
WATERWORKS INDUSTRIES, INC.
____________________________ ___________________________________ Matt Fabry Date Rich Carnation Date
Public Works Director President

APPROVED AS TO FORM
___________________________
Linh P. Nguyen Date
Assistant 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: 15 Section Name: CONSENT CALENDAR Account Number: 10-4679 File ID: 24-8942 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 3, 2024
SUBJECT:

North Shoreview Flood Improvements - Mitigation Planting Maintenance – Amendment RECOMMENDATION:

BACKGROUND:

The North Shoreview Flood Improvement Project (Project) completed construction on April 10, 2023. It provides flood protection to residents and removed 1,600 residential properties in the North Shoreview and North Central neighborhoods from the Special Flood Hazard Area (SFHA) as designated by the Federal Emergency Management Agency (FEMA).

As part of the regulatory permit requirements by the California Department of Fish and Wildlife (CDFW) and the Regional Water Quality Control Board (RQWCB), the City is responsible for implementing a Monitoring and Mitigation Plan (MMP).

These MMPs are typical for projects near environmentally sensitive areas, and the City’s MMP will serve to offset potential impacts during the construction of the original improvement Project.

The City’s MMP includes creation of a small riparian wetland area on-site and installation of native plant life species and requires plant maintenance to ensure the native species are fully established within a 5-year period. In August 2023, staff hired Confluence Restoration, Inc. (Confluence Restoration) to provide plant maintenance services for the small riparian wetland area for Year 1. This Amendment No. 1 is to expand and extend Confluence’s plant maintenance services for Year 2 through Year 5.

A separate agreement with Confluence Restoration was executed in November 2023 for the monitoring and permit reporting services, as required to comply with the MMP. An amendment is still being negotiated to extend monitoring and reporting services for Year 2 through Year 5 and will be presented to City Council at a later date.

Staff recommends approval of Amendment No. 1 to the Confluence Restoration mitigation planting maintenance agreement to add scope of services to include the remaining Year 2 to Year 5 activities and increase the budget amount by $87,000 for a new total amount not to exceed $107,000. Staff also recommends establishing a $15,000 contingency reserve to allow for scope modifications to address unknowns as the implementation of the MMP proceeds. The term of the existing agreement is through October2024 and will be amended to conclude on December 31, 2028, which is anticipated to be sufficient for completing the MMP. Given Confluence Restoration’s familiarity with the Project and their satisfactory completion of Year 1 tasks, they are uniquely positioned to continue delivering plant maintenance services for the Project.

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CITY OF SAN MATEO
BUDGET IMPACT:

There are sufficient funds in the North Shoreview Flood Improvement Project (#468202) to fully fund this amendment and contingency reserve.

ENVIRONMENTAL DETERMINATION:

Under section 15074 of the CEQA Guidelines, the City Council adopted a negative declaration for this Project on October 19, 2015.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 1

STAFF CONTACT
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319

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Contract Amendment Page 1 of 3
CAO Approved June 2024
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1 AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
CONFLUENCE RESTORATION, INC. FOR

PLANT MAINTENANCE SERVICES

FOR THE NORTH SHOREVIEW FLOOD IMPROVEMENT PROJECT

MITIGATION PLANTING MAINTENANCE
($20,000 [Original Amount] / $87,000 [Amendment No. 1]) This Amendment is made and entered into this day of _____________, by and between the CITY OF SAN MATEO (“CITY”), a municipal corporation existing under the laws of the State of California ("CITY"), and CONFLUENCE RESTORATION, INC. ("CONTRACTOR").

WHEREAS, the CITY and CONTRACTOR entered into an Agreement for plant maintenance services (“Agreement”) on August 14, 2023; and
WHEREAS, CITY and CONTRACTOR wish to amend the Agreement effective ________________ to expand scope, extend the term, and increase compensation in the amount of $87,000, for a new total compensation not to exceed $107,000.

NOW, THEREFORE, the Parties agree as follows:

1. Section 1, “Scope of Services,” of the Agreement is amended to include:
“Year 1 tasks include supplemental planting of 815 seasonal wetland plug species and seeding of 5,750 SF of seasonal wetland seed mix in the Fall/Winter of 2024.

Year 2-4 tasks, starting July 1, 2024, include monthly site inspections, bimonthly watering during the dry-season, and weed control as needed.

Year 5 tasks include quarterly weed control and site inspections.”

2. Section 4, “Term,” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence July 28, 2023 and be completed on December 31, 2028.”

3. 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 Section 1, CITY agrees to pay CONTRACTOR in an amount not-to-exceed $107,000.”

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Contract Amendment Page 2 of 3
CAO Approved June 2024
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1 4. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

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Contract Amendment Page 3 of 3
CAO Approved June 2024
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1 IN WITNESS WHEREOF, CITY OF SAN MATEO and CONTRACTOR have executed this Amendment No. 1 on ___________________.

CITY OF SAN MATEO CONTRACTOR
CONFLUENCE RESTORATION, INC.

Matt Fabry
Public Works Director
Date Douglas Sommerville
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: OLD BUSINESS Account Number: 10-4679 File ID: 24-9026 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 03, 2024
SUBJECT:

Wet Weather Preparations – Update
RECOMMENDATION:

Receive an update on the City’s wet weather preparations and storm response activities.

BACKGROUND:

City staff have been engaging in a variety of actions to prepare for the current and future rainy seasons, as detailed in presentations to Council on August 21, 2023, September 6, 2023, November 6, 2023, and February 20, 2024. The following sections update Council on recent preparatory actions and storm response activities, as well as additional actions staff have been implementing that have not been covered in previous presentations. Note that the categorization and lettering/numbering of the following items correlates to how they were originally presented at the August 21, 2023, meeting.

Immediate-Term Actions (No Additional Resources Required) A. Additional Marina Lagoon Pump Station pump vibration analysis at summer lagoon levels a. This action is complete.

B. Develop Marina Lagoon Alternatives Analysis for Pumping Below 95 feet a. City staff received from Schaaf & Wheeler a draft alternatives analysis on January 26, 2024. Alternatives evaluated include the following: 1) contracting for a detailed hydraulic intake analysis to determine if existing pumps can safely lower the water level beyond standard winter operating levels; 2) installing a temporary rental pump system; 3) using one existing pump/gearbox/engine as a “sacrificial” pump with increased monitoring and anticipated replacement; and 4) constructing a new low-flow pump station adjacent to the existing pump station with pumps properly sized for lowering the lagoon levels below 95 feet.
b. Staff reviewed draft alternative analysis and met with Schaaf and Wheeler to discuss and determine most feasible solution for the Marina Lagoon. Staff is scheduling a meeting with Ad-hoc Lagoon Committee to further discuss alternatives for pumping below 95’ for a dock maintenance period and potential additional flood storage capacity.

C. Install debris rack at 4000 Pacific Boulevard Pump Station a. This action is complete.

D. Provide data on City’s website for Marina Lagoon levels and pumps running a. This action is complete. The public-facing dashboard was rolled out as planned on December 1, 2023, and can be accessed at: www.cityofsanmateo.org/LagoonDashboard E. Implement additional safety systems for trash rack cleaning at Marina Lagoon Pump Station a. This action is complete.

F. Develop a Request for Proposals (RFP) to update the 2004 Storm Drain Master Plan and develop a prioritized

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implementation strategy
a. This action is complete, and combined with Short-Term Item 7, below, to perform a LiDAR aerial survey, as the survey data will feed directly into updated hydrologic and hydraulic modeling for the Storm Drain Master Plan Update.

G. Inspect and clean all City-owned trash capture devices a. This is an annual action item scheduled to be completed as routine maintenance throughout the year.

H. Inspect and clean all City-owned trash racks
a. This is an annual action item. Trash racks are scheduled to be cleaned by October 1 st in advance of anticipated storms and also monitored/cleaned before and after all significant storm events.

I. Inspect and clean all storm pump station wet wells
a. This is an annual action item. Wet wells are scheduled to be cleaned in advance of the wet season by October 1st and after all significant storm events.

J. Prepare traffic control/closures and stage materials for roads with known flooding concerns a. This is an annual action item. Materials, including water walls and signs, will be staged in key locations. A mobile trailer containing closure materials will be ready for deployment, as needed.

K. Coordinate with Office of Emergency Services (OES) on wet weather planning and training a. This action is ongoing. OES has developed a draft Wet Weather Emergency Action Plan that is under review by City departments, updated the City’s Emergency Operations Center staffing roster to reflect staff turnover, and scheduled training for all City staff on emergency operations.

L. Work with community on Marina Lagoon Pump Station Standard Operating Procedures a. This action is complete.

M. Establish a Marina Lagoon Resident Flood Watch communication program a. This action is ongoing. Staff works with key Marina Lagoon representatives on communication and notification protocols/criteria to ensure residents can properly keep City staff informed of any lagoon issues during the rainy season.

N. Coordinate improved public outreach and messaging on emergency preparations a. This action is ongoing. A robust public information effort about stormwater issues and public safety preparedness was conducted as part of the Community Flood and Storm Protection Initiative leading up to Council’s action on the ballot. The City will continue to share safety messaging and emergency preparedness actions via City digital and print communication platforms. Staff are working on planning additional print mailings and digital communications to residents about ways they can prepare and will provide updates on the City’s flood preparation web page as a hub of resources for the community. Staff will work to share this information with community partners for help disseminating these important public safety messages. Staff are also working with OES on notification procedures in the event of an emergency and will encourage residents to sign up for SMC Alerts and Nixle.

Immediate-Term Actions

1. Perform maintenance on all five (5) diesel engines, upgrade wiring, programming, and alarms, and purchase a spare pump lubricator system at Marina Lagoon Pump Station a. Engine maintenance is ongoing. Four of the five engines have been fully rehabilitated with the last remaining engine, Engine #3, is scheduled to be completed before the onset of the wet season (October 1st). An oil leak discovered on one of the recently rehabilitated engines is currently scheduled to be assessed by Peterson Power System mid-November.
b. The Marina Lagoon Pump Station (MPSP) Upgrade Project, which included upgrades to the wiring, programming, and alarms, completed in April 2024. New alarms specific to each of the five (5) diesel engines have been installed. Additionally, two (2) ultrasonic level transducers have been added to monitor the lagoon water level inside the wet well and on the lagoon. The scope also included back up alarm, low and high alarm floats, and fuels sensor alarms. Lastly, the Human Machine Interface (HMI) was also upgraded to enhance pump programming capabilities.
c. A spare pump lubricator system has been delivered and wired to allow staff to quickly swap with any lubricator that might fail.

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b. Upgrades to the cathodic protection system is partially complete, with the system online, functioning and an automated monitoring system soon to be installed. Cathodic protection systems for two (2) pumps were installed last year, and installation for the three (3) other pumps is scheduled for Nov. 1 by Corrosion Integrity LLC.

2. Deploy up to four (4) sandbag stations throughout the City for upcoming rainy season, with focus on areas with history of flooding, and coordinate with community volunteers for filling bags, monitoring stations a. Staff deployed the following four (4) sandbag stations during last wet season: 1) the Anchor Road parking lot near the Bay Trail; 2) the parking lot of Parkside Aquatic Park; 3) the parking lot at the City’s Corporation Yard; and 4) the parking lot of Beresford Park. The Parkside Aquatic Park site saw very little usage - staff is evaluating again opportunities to add a station in the North Central neighborhood and will potentially replace the Parkside Aquatic Park location if a suitable site can be identified.

3. Inspect and clean all catch basins before rainy season and recurring cleaning at hot spots throughout rainy season a. This is now an annual maintenance action and ongoing. Staff is planning to resume normal catch basin maintenance beginning on September 1st, starting first in the Shoreview area. Budget for two additional crew members was approved (thanks to the new Community Flood and Storm Protection Fee) to provide ongoing, dedicated storm related field maintenance. Interviews to fill these positions have been scheduled for September 2024.
b. Staff encourages the public to sign up for the City’s Adopt-a-Drain program to volunteer to keep catch basins clear of debris: https://www.cityofsanmateo.org/3715/Adopt-A-Drain.

Short-Term Actions

4. Localized lagoon maintenance dredging under existing permit a. Staff selected a consultant, Moffatt & Nichol, to prepare final design packages for anticipated construction in Summer 2025. Review of lagoon bathymetric data and preparation of a Sampling and Analysis Plan (SAP) are underway.

5. Localized, small-scale drainage improvements
a. This action is ongoing. Engineering and operations staff identified critical flooding and storm related maintenance items throughout the City. One location was repaired in-house, two locations will be bundled into nearby Capital Improvement Projects for repair, and a construction contract to address four additional locations will be brought before the City Council at the September 16, 2024 meeting.

6. Camera monitoring of priority creeks/trash racks
a. This action is ongoing. Continued dialog between engineering and operations staff resulted in revisions to anticipated camera locations. Procurement of cameras is expected to be complete by the end of 2024.

7. LiDAR aerial survey (Ground surface, creeks, and lagoon bathymetric) a. This action is complete. Additional manual sounding of key locations is being performed by the City’s consultant to supplement areas where the LiDAR data was insufficient.

Mid-Term Actions

8. Storm Drain Master Plan update
a. This action is ongoing. Staff released an RFP in February 2024, received proposals, and selected Schaaf and Wheeler to develop the Storm Drain Master Plan update. Staff and consultant team members have initiated kickoff meetings. Current tasks include evaluation of existing data, acquisition of new data, initial field work, and condition assessments of critical infrastructure components.

9. Marina Lagoon dredging: Design, environmental, and permitting b. This action is ongoing. The City recently received bathymetric data for the Marina Lagoon and will use existing Marina Lagoon conditions to plan long-term and larger dredging improvements.

Additional Activities

Operation and maintenance staff will begin hydraulic jetting and cleaning on storm drain pipelines diameters between 4”and 8” to remove debris out of the system.

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Staff submitted Water Resources Development Act (WRDA) proposals to US Representative Mullin for key storm drain/flood control infrastructure improvements and Marina Lagoon dredging. Those efforts resulted in a new project for “flood risk management, including stormwater runoff reduction” in San Mateo being incorporated in the WRDA updates, authorizing the Army Corps of Engineers (ACOE) to conduct a feasibility study. While this is a positive first step, it doesn’t appropriate funding, so staff will continue working with the City’s legislative advocate and federal contacts to secure funding for an ACOE study and/or potential earmarks or grant funding for key projects.
After receiving approval for some creek/channel cleaning efforts by key resource agencies, staff dredged sediment from the 19th Avenue Channel adjacent to the Corporation Yard. Additionally, staff removed debris from the trash rack at Laurelwood Dam and forty-two (42) other trash rack locations. To ensure ongoing maintenance, staff also met with a consultant to discuss pursuing a multi-year jurisdictional permit, which would facilitate continued creek and channel upkeep for sections owned and maintained by the City. Staff received draft materials from OneShoreline for a proposed Flood Early Warning System for San Mateo Creek and will continue collaborating with their staff on development of a dashboard and associated criteria for decision- making. Staff continues collaborating with OneShoreline and San Francisco Public Utilities Commission staff on efforts to better monitor and manage San Mateo Creek.
Property owners approved the Community Flood and Storm Protection Initiative and Council authorized levying of the fees at the January 16, 2024, City Council Meeting, which will provide $4 million annually for work on storm drainage issues. Staff, in coordination with the Finance Department, set up the new enterprise fund for revenue and expenditures and completed the operating and capital budget allocations for the 2024-26 budget. Staff has also provided necessary documentation to the County of San Mateo to start levying the fee on property tax bills for fiscal year 2024-2025.
City staff from all departments, including OES/San Mateo Consolidated Fire, continues meeting monthly to discuss wet weather preparations/storm response as well as advancing overall emergency management preparations and training. OES established an Emergency Management Committee that will help move efforts forward, including planning for more staff training and exercises. Public Works, Parks, and OES staff continue meeting twice weekly to monitor weather forecasts and plan staff responses, accordingly.

BUDGET IMPACT:

There is no budget impact associated with this informational update.

ENVIRONMENTAL DETERMINATION:

This informational update to City Council relating to the City’s wet weather preparations and storm response activities 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
Matt Fabry, Public Works Director
[email protected]
(650) 522-7309

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San Mateo City CouncilSeptember 3, 2024

San Mateo City Council
September 3, 2024