Agenda packet, regular meeting — San Mateo City Council, September 16, 2024

CITY OF SAN MATEO
City Council Regular Meeting
September 16, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

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

AGENDA
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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 16, 2024
To join via telephone: (408) 638-0968
Webinar ID: [874 6412 7310] Passcode: [574748]
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

CEREMONIAL

1. April Adams - Commendatory Resolution

2. Home Maintenance Awards

3. Breast Cancer Awareness Month - Recognition

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 of San Mateo Conflict of Interest Code – 2024 Biennial Update Adopt a Resolution to update the City of San Mateo’s conflict of interest code to account for the addition, deletion, and modification of positions listed as “designated employees." CEQA: This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).))

5. Electronic Document Management System – Agreement
Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Complete Paperless Solutions for the support, maintenance, and consulting services of the Laserfiche document management system for $49,250 per year; authorize an annual contingency of $12,500, for a total amount not to

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exceed $185,250 over three years; and authorize the City Clerk to execute the agreement in substantially the form presented.

CEQA: This agreement renewal 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. Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project – Grant Application Adopt a Resolution to approve the submittal of a grant application for $390,720 to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program Grant Funding for the Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project.

CEQA: This resolution 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).)

7. Peninsula Clean Energy Solar and Storage on Public Buildings Program - Power Purchase Agreement Approve an agreement with Peninsula Clean Energy (PCE) for a Power Purchase Agreement (PPA) to procure, install, operate and maintain a solar photovoltaic system at the Beresford Park parking lot; and authorize the City Manager to execute the agreement in substantially the form presented and to execute any amendments necessary to implement the solar photovoltaic system.

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

8. 42nd and Kingridge Storm Drain Repair - Contract
Approve an agreement with C2R Engineering, Inc. for the 42nd Avenue and Kingridge Drive Storm Drain Repair in the amount of $112,870; establish a contingency reserve in the amount of $15,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

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

9. Citywide Small Trash Capture Project – Amendment
Approve Amendment No. 3 to the agreement with Schaaf and Wheeler Consulting Civil Engineers for design professional services in the amount not to exceed $25,180, for a new agreement amount of $140,480; extend the term of the agreement to December 30, 2025; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

CEQA: Approval of Amendment No. 3 is exempt from CEQA as an “existing facility,” since 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.)

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10. Fashion Island Boulevard/19th Avenue Class IV Bikeway Project – Grant Application Adopt a Resolution to approve the submittal of an application to the San Mateo County Transportation Authority for $2 million in Measures A and W Pedestrian and Bicycle Program Grant Funding for the Fashion Island Boulevard/19th Avenue Class IV Bikeway Project.

CEQA: This City Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an application submission for grant funding may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

11. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Change Order Approve Contract Change Order No. 6 to the Agreement with Herc Rentals, Inc. for a temporary emergency standby generator to support the Dale Ave Pump Station Upgrade project in an amount not to exceed $43,887.90, increasing the total agreement amount to $670,899.81; increase the contingency reserve by $45,000; extend the agreement term to November 30, 2024; and authorize the Public Works Director to execute the change order in substantially the form presented and issue change orders within the contingency amount.

CEQA: The work addressed by this administrative report is being undertaken to support the Clean Water Program.

This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

12. Wastewater Treatment Plant Digester 2 Mixer Repair – Agreement Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with SPX Flow, Inc. for the Wastewater Treatment Plant Digester 2 Mixer Repair for a total agreement amount of $241,779.81; establish a contingency reserve of $50,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve any necessary change orders within the approved contingency amount.

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

13. Assessment District and Fee Administration Services - Agreement Approve a four-year professional services agreement in an amount not to exceed $102,721 with David Taussig and Associates, Inc. (dba DTA) for assessment and fee administration services for the North Shoreview and South Bayfront assessment districts and the citywide Community Flood and Storm Protection Fee; and authorize the Public Works Director to execute the agreement in substantially the form presented.

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

14. Public Works Department, Community Development Department and Police Department – Classification Updates Adopt a Resolution to approve 1) the job specification and salary range for the new classification of Laboratory Analyst III in the Public Works department; 2) the revisions to the job specification for the classification of Deputy Community Development Director and the proposed salary range for the classification of Deputy Building Official in the Community Development department; and 3) the reallocation of the vacant Executive Assistant position to

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Management Analyst I-II position in the Police department.

15. Caltrans Sustainable Transportation Planning Grant – Agreement Authority Adopt a Resolution to authorize the City Manager to execute agreements with the California Department of Transportation for the development of the City of San Mateo Sea Level Rise Adaptation Plan.

16. Staff Augmentation Services for the Wastewater Treatment Plant - Amendment Approve Amendment No. 1 with waterTALENT LLC for staff augmentation services for the Wastewater Treatment Plant in the amount of $400,000, for a new total agreement amount of $499,000; establish a $100,000 contingency reserve; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

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 approval of an agreement to provide staff augmentation services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

17. Grand Jury Report: "Restaurant Exteriors: The Neglected Space" - Response Letter Approve a letter responding to the July 9, 2024, San Mateo County Civil Grand Jury report titled “Restaurant Exteriors: The Neglected Space” and authorize the Mayor to send the response letter on behalf of the City Council.

CEQA: This response letter 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).)

18. November 5, 2024 Statewide Propositions and H.R.6639 - Poverty Line Act of 2023 – Recommendations Approve the recommendations of the Legislative Committee to: (1) support the following propositions on the ballot for the November 5, 2024, General Election: Proposition 3 (Guarantees Marriage Equality); Proposition 5 (Lowers the Vote Requirement for Local Housing & Infrastructure Bonds); and Proposition 32 (Increases the Minimum Wage); and (2) support H.R. 6639 - the Poverty Line Act of 2023.

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

19. Police Sergeant’s Association – Memorandum of Understanding Changes Adopt a Resolution to amend the Memorandum of Understanding with the Police Sergeant’s Association for a term through January 3, 2027, and to approve a supplemental budget appropriation in the amount of $100,000.

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

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

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the agenda.

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

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

20. Consolidated Annual Progress and Evaluation Report for the Community Development Block Grant 2023-2024 Program Year – Adoption
Adopt the 2023-2024 Consolidated Annual Progress and Evaluation Report (CAPER) for submittal to the United States Department of Housing and Urban Development.

CEQA: This administrative review of the 2023-24 CAPER is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NEW BUSINESS

21. Use of Former Fire Station 25 as Police Traffic Sub Station – Discussion Discuss potential re-use of former San Mateo Consolidated Fire Department Station 25 at 545 Barneson Avenue as a Police Traffic Substation and provide direction to staff.

CEQA: This study session 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).)

OLD BUSINESS

22. US-101 Peninsula Interchange Avenue Improvements - Project Update Receive an update and determine whether the US-101/Peninsula Avenue Interchange Improvements Project should be cancelled as recommended by staff.

CEQA: This City Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that an informational update and request for direction on whether to terminate a project may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

23. Senior Citizens Commission – Update
Receive an update and provide direction regarding the scope of the Senior Citizens Commission mission and duties and potential name change.

CEQA: This project status update 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).)

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

24. Conference with Legal Counsel – Existing Litigation

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(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Housing Action Coalition v.

City of San Mateo, San Mateo Superior Court Case No.: 24-CIV-03126

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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City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

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

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
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www.cityofsanmateo.org/publicmeetings
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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.

By telephone:

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

In Person:

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

ACCESSIBILITY:

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

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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: 24-8978 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 16, 2024
SUBJECT:

City of San Mateo Conflict of Interest Code – 2024 Biennial Update RECOMMENDATION:

Adopt a Resolution to update the City of San Mateo’s conflict of interest code to account for the addition, deletion, and modification of positions listed as “designated employees." BACKGROUND:

The Political Reform Act of 1974 requires, among other things, that local government agencies adopt and maintain a conflict of interest code. Like most cities, the City of San Mateo many years ago adopted a “model” conflict of interest code prepared by the Fair Political Practices Commission. The model code establishes the substantive requirements relating to the disclosure of financial interests and the requirements for disqualification from participation in decisions in which City employees and other officials might have a private, financial interest. Cities adopting the model code need only adopt a list designating those employees subject to the conflict of interest code’s financial interest disclosure requirements and specifying the scope of interests those designated employees must disclose.

In addition to imposing the requirement to adopt a local code including the listing of designated employees, the Political Reform Act requires cities to review their codes on at least a biennial basis (to be conducted each even numbered year) to ensure that the code reflects the organization’s current staffing.

A review of the City of San Mateo’s conflict of interest code revealed that revisions were required due to the addition of positions not previously listed, and the deletion of positions that have been eliminated or which do not meet the decision- making threshold to necessitate the need to file. The exhibit attached to the resolution included with this report reflects these changes.

The list of designated employees and officials does not include council members, planning commissioners, the city manager, the city attorney, and the finance director. These positions are not listed in the local code because they are already required by state law to disclose their financial interests.

BUDGET IMPACT:

There is no budget impact with this item.

ENVIRONMENTAL DETERMINATION:

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

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CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Conflict of Interest Code Track Changes Post 2022 Biennial Review to Current 2024 Biennial Review

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

UPDATING THE LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES FOR THE

CITY OF SAN MATEO CONFLICT OF INTEREST CODES
WHEREAS, the City has adopted a conflict of interest code designating certain positions that must disclose financial interests in conformance with state law; and WHEREAS, state law requires that local conflicts of interest codes be updated to stay current with changes in staffing; and
WHEREAS, the City has conducted its biennial review and has determined that the existing codes must be amended to reflect staffing changes.

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

1. The update to the City of San Mateo Conflict of Interest Codes 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 to the environment. (CEQA Guidelines Section 15378(b)(5).)

2. The list of designated positions and the disclosure categories for each position, as shown in the attached Exhibit A, is approved.

3. The scope of disclosure categories, described in Exhibit B, is approved.

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6 EXHIBIT A

LIST OF DESIGNATED EMPLOYEES

POSITIONS DISCLOSURE

CATEGORY

CITY ATTORNEY
Assistant City Attorney 1

CITY CLERK
City Clerk 1
Deputy City Clerk 2
Management Analyst I/II 2

CITY MANAGER
Assistant City Manager 1
Communications Manager 1
Economic Development Manager 1
Management Analyst II 1
Senior Management Analyst 1
Sustainability Analyst 1

COMMUNITY DEVELOPMENT
Assistant Planner 1
Associate Planner 1
Building Inspector 1
Building Official 1
Code Enforcement Manager 1
Code Enforcement Officer I/II 1
Community Development Director 1
Deputy Building Official 1
Deputy Community Development Director 1
Development Review Technician I/II 1
Housing and Neighborhood Services Manager
Housing Specialist I/II
1 1
Inspection Supervisor 1
Management Analyst I/II
Managing Arborist
1 1
Permit Center Supervisor 1
Plan Checker I/II/Engineer 1
Plan Check Supervisor 1
Planning Manager 1
Principal Planner 1
Senior Management Analyst 1
Senior Building Inspector 1
Senior Code Enforcement Officer 1

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1 0
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6 Senior Development Review Technician 1
Senior Planner 1

FINANCE
Accounting Manager 2
Budget Analyst 2
Budget Manager 2
Deputy Finance Director 1
Management Analyst I/II 2
Payroll Supervisor 2
Senior Management Analyst 2

HUMAN RESOURCES
Human Resources Director 1
HRIS Analyst
Senior Human Resources Analyst
2 2
Senior Risk Management Analyst 2

INFORMATION TECHNOLOGY
Consulting and Applications Manager 2
Director of Information Technology 1
GIS Coordinator 2
Systems and Network Manager 2
Customer Service Manager 2

LIBRARY
City Librarian 1
Deputy City Librarian 1
Senior Management Analyst 2
Supervising Librarian 2
Supervising Library Assistant 2

PARKS AND RECREATION
Business Manager 2
Communications and Public Relations Analyst 2
Community Services Manager 1
Community Services Section Manager 2
Community Services Supervisor 2
Deputy Director of Parks and Recreation 1
Golf Course Maintenance Supervisor 2
Golf Service Manager 1
Managing Arborist 1
Park and Landscape Manager 1
Park and Landscape Maintenance Supervisor 1
Parks and Recreation Director 1
Park Planning Administrator 1
Project Manager I/II 1
Senior Project Manager 1

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6 POLICE
Captain 1
Chief of Police 1
Communications and Public Relations Analyst 2
Business Manager 1
Deputy Chief of Police 1
Downtown Coordinator 2
Police Support Services Analyst 2
Management Analyst I/II 2
Lieutenant 1
Police Technical Services Administrator 1
Senior Business Systems Analyst 2

PUBLIC WORKS
Building Maintenance Supervisor 1
Business Manager 2
Deputy Public Works Director 1
Engineering Manager 1
Facilities and Fleet Services Manager 1
Field Maintenance Manager 1
Fleet Services Supervisor 1
Management Analyst I/II 2
Principal Transportation Planner 1
Project Manager I/II 1
Public Works Director 1
Public Works Supervisor 1
Regulatory Compliance Manager 1
Senior Engineer 1
Senior Management Analyst 2
Senior Project Manager 1
Waste Management Supervisor 1
Wastewater Treatment Plant Maintenance Superintendent 2 Wastewater Treatment Plant Operations Superintendent 2
Wastewater Treatment Plant Manager 1

CITY WIDE
New Positions¹
Consultants²

1. Persons appointed to new positions shall file statements in accordance with Disclosure Category 1, unless the city manager has determined and verified that a more limited disclosure is appropriate.

2. Consultants, as the term is defined in Section 18700.3 of Title 2, Div. 6 of the California Code of Regulations, shall file statements in accordance with Disclosure Category 1, unless the city manager has determined and verified that a more limited disclosure is appropriate.

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6 EXHIBIT B

DISCLOSURE CATEGORIES
Disclosure Category

1. All investment and business positions in business entities, sources of income and interests in real property located or doing business in the City of San Mateo.1

2. Investment and business positions in business entities and all sources of income located or doing business in the City of San Mateo.

3. Interests in real property located in the City of San Mateo. 1 1 Real property is considered to be “located in the City of San Mateo” if any part of the property is located in, or within 2 miles of, the City limits.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-2131 File ID: 24-8988 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 16, 2024
SUBJECT:

Electronic Document Management System – Agreement
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Complete Paperless Solutions for the support, maintenance, and consulting services of the Laserfiche document management system for $49,250 per year; authorize an annual contingency of $12,500, for a total amount not to exceed $185,250 over three years; and authorize the City Clerk to execute the agreement in substantially the form presented.

BACKGROUND:

Laserfiche is a cloud-based Electronic Content Management (ECM) system that serves as the City of San Mateo’s primary records repository. Complete Paperless Solutions (CPS), a certified Value-Added Reseller (CVAR) of Laserfiche, has been the City's provider since 2020. The City currently has an annual subscription for support, maintenance, and consulting services. As the continued use of this service is crucial for maintaining City records and for compliance with state and federal records management regulations, staff wishes to enter into a multi-year agreement with CPS.

CPS provides consultancy and systems integration services for Laserfiche and has implemented several business processes and integrations to modernize the City’s records management processes. CPS was selected after a competitive request for proposals process for a cloud-based ECM solution to replace SIRE, the city’s former system that has since been phased out by the manufacturer. CPS implemented the migration of records from SIRE and has supported numerous projects to utilize the Laserfiche platform to the fullest.

CPS has assisted in the development and implementation of indexing protocol, generation of workflow solutions, and implementation of the Legislative Records Portal, which provides public access to public meeting minutes, agenda reports, resolutions, and ordinances. CPS has also been an integral partner as departments work toward converting physical records to electronic.

In addition to making City records more accessible to staff and the public, our partnership with CPS has allowed us to align with industry best practices for the management, retention, and retrieval of City records in accordance with the State’s Trusted System requirements.

San Mateo Municipal Code section 3.60.050(b) authorizes the renewal of an agreement with CPS without a competitive bidding procedure when calling for bids would be impracticable, unavailing, or impossible. Here, calling for bids would be impracticable because Laserfiche has been operating successfully since implementation and Complete Paperless Solutions has delivered exemplary service and ongoing support on various projects and process improvements. Reassessing and evaluating alternative solutions and providers at this time would adversely impact current operations.

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Consulting fees, additional licenses, and data are part of services provided and are billed separately from the annual support and maintenance services. At the end of each year of the agreement, the City will adjust its annual payment in consideration of additional user licenses as well as special projects to enhance services and productivity. The cost of the annual renewal for fiscal year 2024-25 is $49,250. Staff recommends a contingency of $12,500 per year be established to account for additional service hours and code production rates, only to be billed once exceeding a cumulative total of 50 hours.

BUDGET IMPACT:

Funds for this agreement have been included in the operating budget for the Information Technology Department.

ENVIRONMENTAL DETERMINATION:

This agreement renewal 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 Resolution
Att 2 – Agreement

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

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

APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH

COMPLETE PAPERLESS SOLUTIONS FOR A THREE-YEAR RENEWAL

FOR SUPPORT, MAINTENANCE, AND CONSULTING SERVICES
WHEREAS, the City Clerk’s Office conducted a competitive bidding process in 2020 to select a cloud- based Electronic Content Management (ECM) system and selected Complete Paperless Solutions, a certified Value-Added Reseller of Laserfiche, as the City’s solution provider as they offered all necessary components to meet transparency and efficiency goals, enhance service, and increase productivity; and WHEREAS, the City entered into an agreement with Complete Paperless Solutions (CPS) in 2020 for software conversion and installation of Laserfiche. Beginning in August 2023, the City has annually renewed this subscription for support, maintenance and consulting services; and WHEREAS, in accordance with Municipal Code section 3.60.050(b) agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing or impossible and the City Council sets forth findings designating the reasons; and
WHEREAS, the services provided by CPS are required to perform records management functions including all software and related services for design, data migration, development, deployment, training, and support of the Laserfiche system; and
WHEREAS, the City’s records management operations shall benefit from continuity of support from CPS, as this vendor has provided continuous, satisfactory service.

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

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

2. In accordance with Municipal Code section 3.60.050(b), calling for bids would be impracticable because:
a) The initial award of an agreement with Complete Paperless Solutions was approved by the City Council in June 2020 after a City multi-departmental committee evaluated proposals from various vendors;
b) Laserfiche has been operating successfully since implementation and Complete Paperless Solutions has delivered exemplary service and ongoing support on various projects and process improvements;

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0 c) CPS has prior experience working with the City and staff has been satisfied with their work; d) A review of vendors and implementation of an alternative solution provider would disrupt current City operations.

3. The three-year renewal with Complete Paperless Solutions for support, maintenance and consulting services, in the amount not to exceed $185,250 is approved.

4. The City Clerk is authorized to execute the agreement in substantially the form submitted, 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: 6 Section Name: CONSENT CALENDAR Account Number: 10-4661 File ID: 24-9017 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project – Grant Application RECOMMENDATION:

Adopt a Resolution to approve the submittal of a grant application for $390,720 to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program Grant Funding for the Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project.

BACKGROUND:

The San Mateo County Transportation Authority released a Call for Projects for grant funding from the Measures A and W Pedestrian and Bicycle Program on June 10, 2024. The funds through this grant program are intended to support projects that improve bicycling and walking accessibility and safety to encourage greater use of active transportation modes.

Measure A was reauthorized in 2004 and is a half-cent sales tax for transportation improvements. Three percent of the revenue from Measure A is available through this grant program. Measure W was authorized by voters in 2018 and is a half-cent sales tax measure for transportation improvement implementation. Five percent of Measure W revenue is available through this grant program.

Staff proposes submitting a grant application for the Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project. The project’s goal is to enhance pedestrian safety along 31st Avenue from the Del Monte Street intersection to the Alameda de las Pulgas intersection by designing improvements such as, but not limited to, curb extensions, high-visibility and raised crosswalks, and a signal and protected intersection at the Alameda de las Pulgas intersection. The improvements were identified using feedback from a walk audit with Hillsdale High School staff, students, and parents which resulted in a list of recommended short- and long-term infrastructure improvements. In early August 2024, curb extensions and high visibility crosswalks from the recommended improvements list were constructed at two intersections on 31st Avenue through a quick-build project which uses cost-effective and more readily available materials to test the improvements and gauge effectiveness. The proposed grant application will advance the recommended improvements and quick build project into a construction-ready design and will also be consistent with City Council Priority Number 24 to prioritize planning, design, and construction of rapid safety improvement projects Citywide.

The total cost for planning, design, and environmental clearance for the Hillsdale High School/31st Avenue Pedestrian Safety Improvement Project is $390,720. If awarded, the grant would require a 10 percent local match of $39,072. Staff requests that Council adopt a resolution in support of the grant application and committing to providing the required matching funds if awarded the grant, as required by the Transportation Authority.

BUDGET IMPACT:

The submittal of the grant application for $390,720 has no immediate financial impact. If awarded, the grant requires a ten percent minimum local match requirement (estimated at $39,072). Staff intends to allocate funds from the City’s Measure

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A funding to fulfill the local match requirement and will request appropriation by Council in a future meeting if awarded.

ENVIRONMENTAL DETERMINATION:

This resolution 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 Resolution

STAFF CONTACT
Nicolette Chan, Associate Transportation Planner
[email protected]
(650) 522-7326
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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3 CITY OF SAN MATEO
RESOLUTION NO.___ (2024)
SUPPORTING THE HILLSDALE HIGH SCHOOL/31ST AVENUE PEDESTRIAN SAFETY IMPROVEMENT PROJECT AND SUBMITTING AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 7

PEDESTRIAN AND BICYCLE PROGRAM FUNDING
WHEREAS, the City of San Mateo (Sponsor) has identified the need for pedestrian safety improvements along 31st Avenue from the Del Monte Street intersection to the Alameda de las Pulgas intersection; and WHEREAS, the Sponsor has developed the Hilldale High School/31st Avenue Pedestrian Safety Improvement Project (Project) to enhance the walking route for students and school staff accessing Hillsdale High School and pedestrians traveling on 31st Avenue; and WHEREAS, it will cost $390,720 to implement the Project scope; and WHEREAS, the Sponsor seeks $351,648 for the Project; and WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024; and WHEREAS, the TA requires the Sponsor's City Council to adopt a resolution:

1. Supporting the Project and application for $390,720 in TA Measures A and W Pedestrian and Bicycle Program funds for Project;

2. Committing the Sponsor to the completion of the Project, including the commitment of matching funds in the amount of $39,072 needed for implementation;

3. Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and

4. If funds are awarded, authorizing the Sponsor's City Manager, or designee, to sign a funding agreement or memorandum of understanding (MOU) with the TA for TA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA:

1. Directs staff to submit an application to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program funds for $390,720 for the Hilldale High School/31st Avenue Pedestrian Safety Improvement Project;

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3 2. Authorizes the City Manager, or designee, to execute a funding agreement or MOU and any amendments with the San Mateo County Transportation Authority to encumber TA Measures A and W Pedestrian and Bicycle Program funds;

3. Commits to the completion the Project, including contributing $39,072 of matching funds needed for Project implementation, if the requested TA funds are awarded;

4. Certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and

5. Authorizes the City Manager, or designee, to take any other actions necessary to give effect to this resolution and execute applicable amendments.

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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: 10-1311 File ID: 24-9018 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: September 16, 2024
SUBJECT:

Peninsula Clean Energy Solar and Storage on Public Buildings Program - Power Purchase Agreement RECOMMENDATION:

Approve an agreement with Peninsula Clean Energy (PCE) for a Power Purchase Agreement (PPA) to procure, install, operate and maintain a solar photovoltaic system at the Beresford Park parking lot; and authorize the City Manager to execute the agreement in substantially the form presented and to execute any amendments necessary to implement the solar photovoltaic system.

BACKGROUND:

The City of San Mateo is a longtime leader in sustainability with ambitious Climate Action Plan goals to reduce greenhouse gas emissions by 49% below the 2005 baseline by 2030. The City’s most recent greenhouse gas emissions inventory shows that the City reduced emissions 22% below the 2005 baseline in 2019. While this marks great progress in Climate Action Plan implementation, more work is needed to advance the City’s climate goals.

Peninsula Clean Energy (PCE) is a joint powers authority developed in 2016 to reduce greenhouse gas emissions by providing electricity from clean energy sources. PCE’s Solar and Storage on Public Buildings Program works with jurisdictions across San Mateo County to identify public facilities to install solar through a Power Purchase Agreement (PPA). Through the program, jurisdictions can install solar systems to generate on-site electricity to meet and exceed the energy demand of municipal facilities. While much of San Mateo’s electricity already comes from carbon-free sources, increasing the amount of energy in the community from renewable sources not only further reduces greenhouse gas emissions but also has the potential to reduce electricity costs and enhance the local green economy.

The PPA with PCE to install solar carports at Beresford Park was initially scheduled for City Council approval at the March 18, 2024 City Council meeting but was withdrawn by City staff because an in-person site visit, also in March 2024, revealed the need for further site analysis. This report provides an overview of the power purchase agreement, project, impacts, outreach and next steps.

Power Purchase Agreement
Through their Solar and Storage on Public Buildings Program and PPA approach, PCE is offering a group procurement model to local government partners across San Mateo County to increase local renewable generation, help reduce energy costs, and help its jurisdictions achieve sustainability goals.

Key elements of the PPA include:
Fixed $/kWh price for energy produced by the system
0% escalation over the contract term

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20-year initial term with option for up to two additional, five-year terms or customer buyout PPA rate is projected to provide savings in Year 2
PCE provides operations and maintenance, which is included in the PPA price Project Overview and Impacts
The California Public Utilities Commission (CPUC) has updated the tariffs governing solar photovoltaic resources. The next iteration of solar tariffs, known as the Net Billing Tariff (NBT), will be less advantageous for solar projects that do not include battery storage and will negatively affect solar-only project economics. Staff worked with PCE to evaluate and identify City facilities to install solar before 2026, and meet the three-year deadline associated with interconnection applications. In April 2023, PCE submitted interconnection applications on behalf of the City of San Mateo to lock in the tariff structure that is more favorable to solar-only projects before NBT goes into effect.

Because of the 20-year term of the Power Purchase Agreement, City facilities where there are necessary roof replacements or planned major repairs or renovations which could have sitewide impacts were ultimately removed from consideration. Beresford Recreation Center was identified to move forward in the program because it affords the greatest degree of certainty that the City can maintain adherence to the terms of the agreement for the 20-year term. The project team evaluated the Beresford Recreation Center building and all three parking lots at Beresford Park for solar installation.

The Beresford Recreation Center was built in 1967 and the roof is overdue for replacement. The Recreation Center is on a priority list for replacement but funding and timing for the roof replacement has not yet been identified, thus the roof could not be considered for solar installation. The parking lots on Parkside Way and Alameda de Las Pulgas are heavily shaded by existing trees along the perimeter of the parking lots and would require the removal of heritage trees to accommodate the solar carports. Furthermore, in the Alameda de las Pulgas parking lot there was a concern about the potential conflict with the existing light fixtures that provide light to the bus stop on Alameda de Las Pulgas. These lots also required the greatest amount of trenching and traversing paved areas for infrastructure installation, which is more costly, disruptive, and time and labor intensive in terms of project construction. The lot on Parkview Way is the sunniest of the three locations and requires no tree or light standard removals and the least trenching through paved areas. However, the Parkview Way lot is the one that is closest to residences, with three living room windows directly on the other side of Parkview Way and some nearby second story windows having views of where the solar panels will be visible.

The parking lot on Parkview Way next to the basketball court and community garden was identified as the project site. The project team estimates the installation of two carport structures with 76 kW of solar. The system is expected to generate 118,033 kWh in the first year and will power the Beresford Recreation Center. Through the PPA, there are no upfront costs to the City and savings are expected in the second year of solar generation. The fixed PPA rate is anticipated to result in cost savings since electricity rates are expected to increase over time. Attachment 3 shows the site map and solar carport project renderings. The project team anticipates trimming trees and removing bushes to accommodate the carport structures; however, the project will not result in the removal of trees or the loss of parking. The project team is evaluating the costs of boring and hand trenching for conduit and will aim for minimal disturbance to the park. A subsurface soil scan and existing underground utilities will inform the project team’s design for wiring and interconnection to Beresford Recreation Center. The solar carports will include motion-activated lighting. Lighting will be shielded and directed downwards to illuminate the parking lot without providing glare to the adjacent residences.

PCE estimates project construction to begin in Spring 2025, with construction lasting about six to eight weeks. Most of the heavy construction, excavating foundations and erecting the carport structures, will be completed in about two weeks.

Construction staging is anticipated to be limited to the project site. Construction will include drilling piers into the ground and the use of a scissor lift to lift materials up to the carports. During heavy construction, the parking lot will be closed, however, the north side of the parking lot next to the picnic shelter will remain open to the public. Other construction activities include wiring, trenching, and interconnection. Temporary impacts during construction will likely include noise, minor vibrations, temporary parking removal and construction vehicle traffic.

Project Outreach
Staff provided an informational presentation about the project to the Park and Recreation Commission at the September

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4, 2024 meeting. Adjacent residences on Parkview Way, 27th Avenue, and 28th Avenue were notified of the project and the Commission meeting via in-person visits and mailers as the new solar carports will be visible from adjacent residences.

Mailers were also sent to residents extending to the ends of the surrounding blocks and notices were posted on-site to ensure those who could be impacted by project construction are aware of it. Additionally, Community Garden users were notified of the project and the meeting by email. Feedback from the community has been mixed, with some supportive of the project while others were opposed because of the aesthetics of the solar carports. There were three public commenters present at the meeting who expressed concerns about project aesthetics and location. The speakers were heard and informed they could submit further comments in writing and verbally at the City Council meeting. After a brief round of questions to staff, the Commission indicated support of the project.

Next Steps
In Fall 2023, PCE ran a competitive Request for Proposals (RFP) process and selected McMillan and Intermountain Electric (IME) to be the engineering, procurement and construction providers for the program. PCE’s program includes solar installations in jurisdictions across San Mateo County including Daly City, Menlo Park, and Redwood City. Once the PPA is approved by City Council, PCE’s team will work closely with City staff to install the solar carports with construction estimated for Spring 2025.

The project will generate local renewable energy in alignment with the City’s Climate Action Plan and provide shade to the parked cars. Through the PPA with PCE, there are no upfront costs to the City and the City will benefit from reduced electricity costs for the lifetime of the project. Furthermore, PCE will lead the procurement, construction management, and operations and maintenance of the solar panels. Based on the information provided above, staff recommends the City Council approve the PPA and authorize the City Manager to execute the agreement.

BUDGET IMPACT:

There is no fiscal impact for entering the Power Purchase Agreement with Peninsula Clean Energy. There is no upfront cost to the City for entering into the Agreement. The solar photovoltaic system is anticipated to provide utility cost savings over the life of the project beginning in Year 2. The estimated 20-year NPV at 3% discount rate is $185,900.

ENVIRONMENTAL DETERMINATION:

This agreement is 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. All meeting noticing requirements were met. Staff notified residences located adjacent to the project site on Parkview Way, 27th Avenue and 28th Avenue of this meeting through in-person visits and a mailer. Mailers were also sent to residents extending to the ends of the surrounding blocks and notices were posted on-site to ensure those who could be impacted by project construction are aware of it. Additionally, Community Garden users were notified of the project and this meeting by email.

ATTACHMENTS
Att 1 – Public Comment
Att 2 – Power Purchase Agreement
Att 3 – Site Maps and Project Renderings

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-4679 File ID: 24-9020 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:
42nd and Kingridge Storm Drain Repair - Contract
RECOMMENDATION:

Approve an agreement with C2R Engineering, Inc. for the 42nd Avenue and Kingridge Drive Storm Drain Repair in the amount of $112,870; establish a contingency reserve in the amount of $15,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

BACKGROUND:

Public Works Operation and Maintenance (O&M) staff responded to a resident’s inquiry regarding seeping water along Kingridge Drive and 42nd Avenue. Preliminary investigations, including cleaning, hydro-jetting, and closed-circuit television (CCTV) video inspections of the surrounding storm drain system revealed that several segments of corrugated metal pipe (CMP) were deteriorated, resulting in partial collapse and failure.

Public Works Engineering staff was notified of the condition of the pipe segment in summer of 2024 and confirmed the need for immediate replacement. Staff began urgent solicitation for quotations from contractors experienced with similar projects within San Mateo. Staff received three (3) quotes from the following contractors in order of increasing amount:

Contractor Cost
C2R Engineering, Inc $112,870
W.R. Forde Associates, Inc. $118,740
GSW Construction $130,000
The scope of work includes rehabilitation of the existing storm drain lines around Kingridge Drive and 42nd Avenue. The contractor will be using trenchless slip-lining methods on pipes with diameters between 12-21 inches for approximately 285 linear feet.

Staff is recommending approving an agreement with C2R Engineering given their competitive pricing, favorable performance on previous on-call maintenance work and capital improvement projects, and their ability to mobilize quickly after agreement approval. Staff also recommends a contingency reserve of $15,000 be established given the small size of the construction agreement as well as uncertainty regarding soil conditions in this location. The proposed term of the agreement will be completed on October 15, 2024.

San Mateo Municipal Code Section 3.60.050(a), which allows for exceptions to formal sealed bids when an emergency exists affecting the public health, safety, or welfare. Here, the partial collapse and failure of a storm drain requires

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immediate correction prior to the start of the upcoming wet season, and will be threat to the public health, safety, or welfare if not corrected in a timely manner. Based on this, staff recommends moving forward with an informal solicitation of quotes rather than utilizing a formal sealed bid process. This approach will expedite the procurement process, help meet project timelines, and ensure the work is completed before the upcoming wet season. A formal sealed bid process would delay contractor mobilization, equipment procurement, and could jeopardize timely project completion under the current circumstances.

Based on the above, staff recommends approval of an agreement with C2R Engineering, Inc. in the amount of $112,870 for storm drain repairs at 42nd Avenue and Kingridge Drive.

BUDGET IMPACT:

There is sufficient funding in project number Wet Weather Preparation Activities (46C006) project to fully fund this improvement.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

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

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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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7 CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
C2R Engineering, Inc.

PO BOX 1017
Mountain View, CA 94042
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. 42 nd and Kingridge Storm Drain Repair Project which includes slip lining of existing storm drain pipes varying dimensions and all necessary labor, materials, equipment, and appurtenances necessary to complete the work as called for in the Contract Documents.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located at 604 42nd Avenue, San Mateo, California.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

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

1. Architect: N/A

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

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

1. Engineer: N/A

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. Jimmy Vo, 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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7 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. Contractor’s Proposal.

3. Performance bond.

4. Payment bond.

5. Exhibits to this Contract (enumerated as follows):
a. Exhibit A – Contractor’s Proposal
b. Exhibit B – Insurance Requirements for Construction Contracts.

6. 2018 Caltrans Revised Standard Specifications

7. 2018 Caltrans Standard Specifications

8. City of San Mateo Special Provisions

9. City of San Mateo Standard Details

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

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7 c. Field Orders.

ARTICLE 3 - CONTRACT DOCUMENTS

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

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

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

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

D. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the 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.

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7 4. 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.

G. 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. Contract.
c. Technical Specifications included as an Exhibit to this Contract. d. Drawings included as an Exhibit to this Contract.
e. Owner Standard Specifications.
f. Owner Standard Drawings.
g. 2018 Caltrans Revised Standard Specifications
h. 2018 Caltrans Standard Specifications
i. 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).
j. 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).

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7 ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times
A. The Work will be substantially completed on or before October 15, 2024 and completed and ready for final payment on or before November 1, 2024.

B. The Work will be substantially completed within 20 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.

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7 ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $112,870 for all Work.

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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7 B. 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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7 losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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7 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 Submittals
A. 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.

B. RPR will provide timely review of submittals.

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

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

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 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.

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

C. 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.

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

E. 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.

F. 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.

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

H. 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.

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

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

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

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

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

1. Review the subsurface or physical condition in question;

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

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

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7 1. Obtain any pertinent cost or schedule information from Contractor;

2. 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

3. 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 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.

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

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

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7 1.06 Retainage
A. The Owner shall retain 5% of each progress payment until the Work is substantially complete.

1.07 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.

1.08 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.

1.09 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.

1.10 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.

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7 1.11 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.

1.12 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 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.

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

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

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

G. 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.

H. 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.

I. 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.

1.02 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.

1.03 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Owner fails for 60 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, either stop the Work until payment is received, or terminate the Contract and recover payment from the Owner.

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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7 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.

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

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

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

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

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

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

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

ARTICLE 17 - MISCELLANEOUS

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

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7 1.13 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.

1.14 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.

1.15 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.

1.16 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.

1.17 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.

1.18 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.

1.19 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.

1.20 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.

1.21 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

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7 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.

1.22 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: By:

Title: Director of Public Works Title:

Address for giving notices: Address for giving notices:
330 West 20th Avenue
San Mateo, CA 94403
License No.:
(where applicable)

APPROVED AS TO FORM

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EXHIBIT A
CONTRACTOR’S – SCOPE OF SERVICES

1. USA area and pothole utilities in conflict

2. Mobilization

3. Provide and implement traffic control

4. Excavate insertion pits as needed

5. Install shoring as needed

6. Excavate and remove approx. 15LF of existing CMP

7. Slip line existing pipes as discussed in the field for approx. 285LF

8. Tie-into existing lines

9. Grout newly installed pipe at existing drain inlets

10. Place rock around pipe and couplings

11. Backfill and compact trenches

12. Restore areas

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EXHIBIT B

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

1.23 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.

1.24 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.

1.25 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.

1.26 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 reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy

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

ARTICLE 19 - OTHER INSURANCE PROVISIONS

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

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

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

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

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

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

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

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

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

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

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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.

1.10 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.

1.11 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.

1.12 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.

1.13 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.

1.14 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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1.27 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: 9 Section Name: CONSENT CALENDAR Account Number: 21-4678 File ID: 24-9038 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

Citywide Small Trash Capture Project – Amendment
RECOMMENDATION:

Approve Amendment No. 3 to the agreement with Schaaf and Wheeler Consulting Civil Engineers for design professional services in the amount not to exceed $25,180, for a new agreement amount of $140,480; extend the term of the agreement to December 30, 2025; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

BACKGROUND:

The Citywide Small Trash Capture Project (Project) helps the City achieve trash load reduction targets set forth by the San Francisco Bay Regional Water Quality Control Board (Water Board). The Project scope includes installation of small trash capture devices at approximately 450 storm drain inlets at critical trash generation locations throughout the City.

In Fall 2022, Schaaf & Wheeler Consulting Civil Engineers (Schaaf & Wheeler) was selected through a Request for Proposal (RFP) process given their technical expertise, relevant project experience, and involvement with the City’s ongoing trash capture efforts. On October 17, 2022, City Council authorized Public Works to enter into an agreement with Schaaf & Wheeler to provide design professional services including bid support and engineering services during construction for the Project. On April 15, 2024, City Council awarded the construction contract for the Project. Since then, staff has been working closely with the contractor during the construction phase.

Staff executed Amendment No. 1 in May 2023 to cover expanded scope to conduct a field assessment of the City’s existing small trash capture devices for potential replacement. Staff executed Amendment No. 2 in June 2024 to extend the agreement duration and included no scope or compensation changes. A summary of the agreement funding changes is shown below.

Original Contract $ 112,300
Amendment No. 1 $ 3,000
Amendment No. 2 $ 0
Amendment No. 3 $ 25,180 (proposed)
Revised Total $ 140,480
Staff recommends approval of Amendment No. 3 to increase compensation and expand scope by $25,180 for a new total agreement amount not to exceed $140,480. The term of the existing agreement is through June 2025 and will be amended to conclude on or before December 30, 2025.

Staff is requesting an increase in budget of $17,520 to cover engineering services during construction throughout the rest of the Project. Furthermore, the City will be required to continue trash reduction efforts after the completion of Project to

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CITY OF SAN MATEO
meet the Water Board’s 100% trash load reduction target. The City’s estimated percentage reduction is currently 82.2% and will be approximately 91.7% with the completion of the Citywide Small Trash Capture Project. Thus, staff is requesting Schaaf and Wheeler prepare a roadmap for the City to accomplish full compliance as mandated by the Water Board. Staff is requesting $7,660 for this new task and the total combined budget increase for this Amendment No. 3 is $25,180.

Given Schaaf & Wheeler’s in-depth knowledge of trash capture projects and their extensive experience, they are uniquely positioned to continue supporting the City in meeting its trash load reduction targets.

BUDGET IMPACT:

Sufficient funds are available in the Small Trash Capture Devices Project (46C001) to award this Amendment No. 3.

ENVIRONMENTAL DETERMINATION:

Approval of Amendment No. 3 is exempt from CEQA as an “existing facility,” since it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 3

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

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Contract Amendment Page 1 of 4
CAO Approved June 2024
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7 AMENDMENT NO. 3 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS FOR

DESIGN PROFESSIONAL SERVICES FOR CITYWIDE SMALL TRASH CAPTURE PROJECT ($112,300 [Original Amount], $3,000 [Amendment No. 1], $0 [Amendment No. 2], $25,180 [Amendment No. 3])
This Amendment is made and entered into this day of _____________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS ("CONSULTANT").

WHEREAS, the CITY and CONSULANT entered into an Agreement for Design Professional Services for the Citywide Small Tash Capture Project (“Agreement”) on November 28, 2022; and WHEREAS, on May 10, 2023, CITY and CONSULANT executed Amendment No. 1, which increased compensation in the amount of $3,000, for a total amount of $115,300; and WHEREAS, on May 10, 2023, CITY and CONSULANT executed Amendment No. 2, which extended the term of the agreement to June 30, 2025.

WHEREAS, the CITY AND CONSULANT wish to amend the Agreement to extend the term, expand the scope of work, and increase compensation by $25,180, for a new total agreement amount of $140,480.

NOW, THEREFORE, the Parties agree as follows:

1. Section 1, “Scope of Services” of the Agreement, is amended to read:
“The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A and A1 to this Agreement, attached and incorporated by reference.”

2. Section 4, “Term” of the Agreement, is amended to read:
“The services to be performed under this Agreement shall commence upon execution of this Agreement and be completed by December 30, 2025. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of CONSULTANT.”

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 Exhibit A and A1, CITY

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Contract Amendment Page 2 of 4
CAO Approved June 2024
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7 agrees to pay CONSULTANT a fee in an amount of $140,480, pursuant to rates stated in Exhibit B1 to this Agreement, attached and incorporated by reference.”

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

IN WITNESS WHEREOF, CITY OF SAN MATEO and SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS have executed this Amendment No. 3 on ___________________.

CITY OF SAN MATEO SCHAAF AND WHEELER
Matthew Fabry
Director of Public Works
APPROVED AS TO FORM:
___________________________
Linh Nguyen Date
Assistant City Attorney
Date Charles Anderson
President
Date

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Contract Amendment Page 3 of 4
CAO Approved June 2024
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7 EXHIBIT A1

SCOPE OF SERVICES
Task 1: Construction Support
Schaaf & Wheeler will assist the City in responding to RFI’s, performing field investigations and meetings and reviewing change orders during the construction of the small trash capture project in summer-fall 2024. Includes updating the GIS and associated maps post-construction to represent what was installed and their contributary drainage.

Task 2: 100% Compliance Support
Prepare figures and GIS shapefiles of existing and proposed full trash capture devices. Review the City’s existing devices and recommend locations for new small or large devices. This includes coordinating with EOA to develop comprehensive road map to 100% trash capture.

This assumes collaboration on a memorandum.

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Contract Amendment Page 4 of 4
CAO Approved June 2024
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7 EXHIBIT B1

FEE SCHEDULE
Schaaf and Wheeler Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

Classification Rate/HR
Principal Project Manager $295
Senior Project Manager $270
Senior Engineer $250
Associate Engineer $220
Assistant Engineer $200
Junior Engineer $185
Designer $175
GIS Analyst $175
Technician $160
Engineering Trainee $135
Litigation Charges
Court or deposition time as an expert witness is charged at $500 per hour.

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/24

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 10-4661-01 File ID: 24-9040 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

Fashion Island Boulevard/19th Avenue Class IV Bikeway Project – Grant Application RECOMMENDATION:

Adopt a Resolution to approve the submittal of an application to the San Mateo County Transportation Authority for $2 million in Measures A and W Pedestrian and Bicycle Program Grant Funding for the Fashion Island Boulevard/19th Avenue Class IV Bikeway Project.

BACKGROUND:

Staff proposes submitting a $2 million grant application for construction of the Fashion Island Boulevard/19th Avenue Class IV Bikeway Project (Project). This Complete Streets project would implement a Class IV separated bikeway on Fashion Island Boulevard and 19th Avenue that provides many co-benefits for the pedestrian network and connectivity in the project area. The dedicated protected bikeway under the US 101/SR 92 interchange will provide access from eastern San Mateo and Foster City to both the existing Hayward Park Caltrain Station and the proposed US 101/SR 92 SamTrans Mobility Hub to facilitate multimodal transportation connections. The bikeway improvements would be designed to improve conditions near the freeway on-/off-ramps, incorporate areas for green stormwater infrastructure, develop protected intersections, and fill in gaps in the existing bicycle network. In addition, the project will also help improve vehicle congestion on the 19th Avenue Fashion Island corridor by optimizing the South Norfolk Street/Fashion Island Boulevard intersection and Fashion Island Boulevard bridge to improve vehicle travel times by over 50 percent.

The proposed grant application will advance the recommended improvements in the 2020 Bicycle Master Plan and is consistent with City Council Priority Number 36 to improve vehicle congestion on 19th Avenue Fashion Island Boulevard from Grant to Mariners Island Boulevard and Number 37 to complete all high and medium high projects in the 2020 Bicycle Master Plan. The project design is starting this fiscal year and approximately $4.5 million has already been secured toward a $10+ million anticipated total construction cost. This grant, if awarded, would add an additional $2 million to secured construction funding and staff intends to apply for a Regional Measure 3 grant this fiscal year for the remainder of the necessary construction funding. If awarded, the grant requires a 10% match ($200,000), which is currently planned to be provided through an existing $500,000 federal earmark awarded to the Transportation Authority for improvements on this corridor.

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CITY OF SAN MATEO
BUDGET IMPACT:

The submittal of the grant application for $2,000,000 has no immediate financial impact. If awarded, the required ten percent minimum match would come through a $500,000 federal earmark to the Transportation Authority for the project corridor.

ENVIRONMENTAL DETERMINATION:

This City Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an application submission for grant funding may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
SUPPORTING THE FASHION ISLAND BOULEVARD AND 19TH AVENUE CLASS IV BIKEWAY PROJECT AND

APPROVING THE SUBMITTAL OF AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 7 PEDESTRIAN AND BICYCLE PROGRAM FUNDING WHEREAS, the City of San Mateo (Sponsor) has identified the need for improved bicycle and pedestrian conditions along Fashion Island Boulevard and 19th Avenue from the 2020 City of San Mateo Bicycle Plan and the 101/92 Mobility Hub and Smart Corridor Study; and
WHEREAS, the Sponsor has developed the Fashion Island Boulevard and 19th Avenue Class IV Bikeway (Project) to develop a comfortable, low-stress, and safer bicycling and walking environments for all residents, workers, and visitors in the city; and
WHEREAS, it is estimated that the Project’s construction will cost approximately $10,000,000, and the construction phase is currently partially funded through existing grant and local funds; and WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024; and WHEREAS, the Sponsor is seeking $2,000,000 for the Project’s construction phase from this current Call for Projects; and
WHEREAS, the grant application requires a local match and the Project will allocate previously approved congressional earmark funding in the amount of $500,000 to meet the match requirement; and WHEREAS, the TA has agreed to be implementing agency to lead the project in partnership with the Sponsor; and
WHEREAS, the TA requires the Sponsor's governing board to adopt a resolution: (1) Supporting the Project and application for $2,000,000 in TA Measures A and W Pedestrian and Bicycle Program funds for the Project; (2) Committing the Sponsor to the completion of the Project, and confirming the allocation of previously approved congressional earmark funds as the required local matching funds; (3) Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; (4) If funds are awarded, authorizing the Sponsor's City Manager or designee to sign a funding agreement or memorandum of understanding (MOU) with the TA for TA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this

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resolution; and (4) authorizing the TA to act as the implementing agency to commence work on the Project in partnership with the Sponsor.

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

1. The adoption of this resolution to support the submittal of this application is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approving a grant application submission will have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3).)

2. Staff are authorized to submit an application to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program funds for $2,000,000 for the Fashion Island Boulevard and 19th Avenue Class IV Bikeway project.

3. The City Manager, or designee, is authorized to execute a funding agreement or MOU with the San Mateo County Transportation Authority to encumber TA Measures A and W Pedestrian and Bicycle Program funds.

4. The City commits to completing the Project if the requested TA funds are awarded, and confirms the allocation of congressional earmark funds in the amount of $500,000 for the required local match.

5. The City certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources.

6. The City Manager or designee is authorized to take any other actions necessary to give effect to this resolution.

7. The TA is authorized to act as the implementing agency in partnership with the Sponsor.

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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: 72-4674 File ID: 24-9044 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Change Order RECOMMENDATION:

Approve Contract Change Order No. 6 to the Agreement with Herc Rentals, Inc. for a temporary emergency standby generator to support the Dale Ave Pump Station Upgrade project in an amount not to exceed $43,887.90, increasing the total agreement amount to $670,899.81; increase the contingency reserve by $45,000; extend the agreement term to November 30, 2024; and authorize the Public Works Director to execute the change order in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Basins 2 & 3 Collection System Improvements (Basins 2 & 3) is a Clean Water Program project that increases capacity and improves flow management to prevent sanitary sewer overflows in several areas throughout the City, including one at Dale Avenue Pump Station (DAPS). The DAPS Upgrade project included refurbishment of force mains, pump station equipment upgrades, and replacement of the existing emergency standby generator.

In October 2019, City Council awarded an agreement to Anvil Builders, Inc. (Anvil) to construct the DAPS Upgrade project.

Anvil’s scope of work is nearly complete; however, there is still ongoing work associated with installation of a permanent emergency standby generator. The emergency standby generator at DAPS is critical, providing backup power for the pumps and facility during power failures. DAPS is the City’s largest sewer pump station, with a significant portion of overall wastewater flow routed through the station. Due to Bay Area Air Quality Management District requirements to comply with the latest air quality emission standards, installation of new pollution abatement equipment for the generator is required. While installing the new generator and pollution abatement equipment, a temporary standby generator is required to ensure continuous power capability at the station.

In August 2022, City Council approved a $222,090.41 agreement with Herc Rentals, Inc. (Herc) to provide a temporary standby generator required to support the DAPS Upgrade Project throughout the remainder of Anvil’s efforts to install the permanent emergency standby generator. The Council also approved establishing a $110,046 contingency reserve in case of unforeseen conditions or delays. At the time of approval, the new permanent emergency generator was expected to be installed by the end of summer of 2023.

In July 2023, the Public Works Director utilized the contingency reserve to execute Contract Change Order No. 1, adding $107,170.16 to the agreement. This change order addressed additional costs not accounted for in the original quote and agreement, such as utilizing longer cables to relocate the temporary generator from the public right-of-way onto the DAPS site. Residential property owners adjacent to the DAPS site raised a concern that storing the temporary generator in the public right-of-way impacted residential parking, so the temporary generator was relocated onto the DAPS property to address this concern.

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In August 2023, City Council approved Contract Change Order No. 2 to increase the total agreement value by $107,216.64, to extend contract end date to January 2024, and approved an additional contingency reserve of $80,000.

In February 2024, the Public Works Director utilized the contingency reserve to execute Contract Change Order No. 3 to extend the use of the temporary generator through April 2024 and increase the agreement value by $80,081.32. In April 2024, City Council approved Contract Change Order No. 4 to increase the total agreement value by $66,565.48 and approved an increase in the contingency reserve of $45,000. In August 2024, the Public Works Director utilized the contingency reserve to execute Contract Change Order No. 5 to extend the use of the temporary generator through September 2024 and increase the agreement value by $43,887.90. However, there have been continued challenges in completing installation of the permanent generator at DAPS due to continued procurement delays and seismic design updates that have extended the anticipated completion date to November 2024. As a result, an additional increase of $43,887.90 to the temporary generator agreement with Herc is required in order to have a temporary standby generator available through the end of November 2024, which is the estimated completion for the new permanent generator.

Based on the above, staff recommends approval of Contract Change Order No. 6 to increase the value of the agreement by $43,887.90, increasing the total agreement value to $670,899.81, to add $45,000 to the contingency reserve in case further unforeseen delays associated with procurement, installation, testing, and startup of the new permanent generator occur, and to extend the Agreement term until November 30, 2024.

BUDGET IMPACT:

Sufficient funds are available in the Basins 2 and 3 Collection System Improvements (46s003) project to fund this agreement.

ENVIRONMENTAL DETERMINATION:

The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Contract Change Order No. 6

STAFF CONTACT
Tom Williams, Senior Engineer
[email protected]
(650) 522-7307

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8959 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

Wastewater Treatment Plant Digester 2 Mixer Repair – Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with SPX Flow, Inc. for the Wastewater Treatment Plant Digester 2 Mixer Repair for a total agreement amount of $241,779.81; establish a contingency reserve of $50,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve any necessary change orders within the approved contingency amount.

BACKGROUND:

The Clean Water Program (CWP) includes several capital improvement projects that are currently under construction and intended to upgrade or rehabilitate aging infrastructure in the City’s sewer collection system and Wastewater Treatment Plant (WWTP). The WWTP Digester 2 Mixer Repair project (Project) is one of these projects, which will result in ensuring the reliability and safe operation of existing facilities at the WWTP. The WWTP’s two digesters are required for anaerobic digestion operations. The WWTP has the ability to operate with one digester, but at limited capacity and with risk to overall operations and maintenance.

Digester 2's mixer failed in May 2022. The mixer is necessary to maintain operating conditions in the digester. The City needed to have the mixer evaluated by the manufacturer for repair or replacement. To perform this evaluation, the mixer was required to be removed from the digester, shipped to the manufacturer, and evaluated for the required repairs. SPX Flow, Inc. (SPX) is the original manufacturer of the mixer, which was specifically made for Digester 2.

On October 30, 2023, the City executed a $15,783.50 agreement with SPX to facilitate removal of the mixer from the Digester, ship the mixer to SPX’s Pennsylvania facility, and perform an evaluation of the mixer to identify the appropriate repairs. It was anticipated that an amendment to the October 2023 agreement or a new agreement would be established for SPX to complete the repair work and facilitate the reinstallation of the mixer for proper Digester operations.

Upon removal of the mixer, staff also identified the draft tube, which holds the mixer in place inside the digester, was also damaged and needs to be inspected to determine how it must be repaired. A future amendment will be required for the repair of the draft tube; the exact scope and fee is being evaluated further, though the procurement of the mixer should start as soon as possible due to the approximately 21-week lead time on repairing the mixer.

San Mateo Municipal Code section 3.60.050(b) permits the award of an agreement when calling for bids is impracticable, unavailing, or impossible and the awarding authority based on the amount of the purchase/contract sets forth findings designating the reasons. Here, calling for bids would be impracticable, unavailing, or impossible since SPX is the manufacturer of the existing mixer, the mixer is custom made for Digester 2, no other companies are capable of evaluating

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and repairing the mixer, and no other economically feasible off-the-shelf mixers are available on the market.

Staff believes SPX’s proposal to be for the scope of work and expertise required and recommends the approval of an agreement with SPX. In addition, staff further recommends that $50,000 be authorized as a contingency amount for any potential changes that may arise due to the nature of this repair.

BUDGET IMPACT:

There are sufficient funds available in the CWP WWTP Annual Major Components (46t090) project budget.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att. 1- Proposed Resolution
Att. 2 – Agreement

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

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RESOLUTION NO. ____ (2024)
APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH SPX FLOW, INC.

FOR THE WASTEWATER TREATMENT PLANT DIGESTER 2 MIXER REPAIR PROJECT WHEREAS, the Wastewater Treatment Plant (WWTP) is an aging facility, and the Clean Water Program (CWP) includes a variety of capital improvement projects to rehabilitate and upgrade the existing WWTP facilities; and
WHEREAS, the WWTP Digester 2 Mixer Repair project (Project) is one of these projects, which will result in ensuring the reliability and safe operation of existing facilities at the WWTP; and WHEREAS, a mixer, which is a component of Digester 2, is necessary to maintain operating conditions in Digester 2; and
WHEREAS, the mixer at Digester 2 failed in May 2022; and WHEREAS, SPX Flow, Inc. (SPX) is the original manufacturer of the mixer, which was specifically made for Digester 2; and
WHEREAS, on October 30, 2023, the City retained SPX to facilitate removal of the mixer from Digester 2, ship the mixer to SPX’s facility in Pennsylvania, and perform an evaluation of the mixer to identify the appropriate repairs; and
WHEREAS, an evaluation for repairs has been completed by SPX, and SPX is available to now complete the repair work and facilitate the reinstallation of the mixer for proper Digester 2 operation; and
WHEREAS, San Mateo Municipal Code section 3.60.050(b) permits the award of an agreement when calling for bids is impracticable, unavailing, or impossible and the City Council sets forth findings designating the reasons; and
WHEREAS, based on the above, staff recommends approval of an agreement with SPX to make the necessary repairs to the mixer for Digester 2.

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

1. The Council action approving this agreement is categorically exempt from CEQA review as an “existing facility,” in that it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

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7 8
9 2. In accordance with Municipal Code Section 3.60.050(b) calling for bids would be impracticable, unavailing, or impossible because:
a. SPX, Inc. is the manufacturer of the existing mixer at Digester 2; b. The mixer was custom made for Digester 2;
c. No other company is capable of evaluating or repairing the mixer; and d. No other economically feasible off-the-shelf mixer is available.

3. The Agreement with SPX Flow , Inc for the Wastewater Treatment Plant Digester 2 Mixer Repair in the amount not to exceed of $241,779.81 is approved.

4. A contingency reserve of $50,000 is established for this project.

5. The Public Works Director is authorized to execute the agreement in substantially the form presented and approve any necessary change orders within the approved contingency amount.

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AGREEMENT WITH SPX FLOW INC.

FOR REPAIR SERVICES FOR
DIGESTER 2 MIXER REPAIR PROJECT
This Agreement, made and entered into this day of , by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and SPX FLOW Inc., a corporation ("CONTRACTOR"), whose address is 13320 Ballantyne Corporate Place Charlotte, NC 28277.

RECITALS:

A. CITY desires certain digester mixer repair services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

CONTRACTOR and his subcontractors shall comply with State’s Prevailing Wage Laws.

CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on and be completed on December 31, 2025.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount of $241,779.81.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To CITY: Thomas Ruark
City of San Mateo
2050 Detroit Drive
San Mateo, Ca 94404
To CONTRACTOR: SPX Flow Inc.

Attn: Wendy Malone
135 Mt. Read Blvd.

Rochester, NY 14611
SECTION 21 - AGREEMENT CONTAINS ALL

UNDERSTANDINGS, AMENDMENT
Exhibit C is attached and incorporated by reference
This document, including Exhibit C, represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Matthew Fabry
Public Works Director
Date Wendy Malone
Its Authorized Agent
President, Mixing Solutions
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date Christopher Dunstan
Chief Compliance Officer and
Group General Counsel,
Mixing Solutions
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Insurance Requirements
Exhibit C: SPX Flow Inc., One Page Term Deviations

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EXHIBIT A

SCOPE OF SERVICES
In February, 2024, SPX completed inspection of the Digester 2 Mixer. The team found the bearings overheated due the possibility of grease not being added at proper intervals per the manual. This could have caused the lower bearing to spin in the lower end of housing.

Under this scope, Philadelphia Mixing Solutions will repair this gearbox using the following scope of rebuild:
Replace all bearings, shims, seals and gaskets
Rework lower bearing bore in bearing stand
Rework liquid seal assembly
Replace output shaft
Replace spool shaft
Replace Vapor Seal Flange
Replace Splash Shield
Replace High Speed Coupling
Install with new bearings, seals, shims, and gaskets not supplied by customer Re-assemble & PMSL standard testing
Repaint & Prepare for shipment
Price: $241,779.81
Price includes taxes, freight to plant from factory, and field service assistance for installation of equipment.

Additional notes on offering:
Existing Philadelphia PED-10 mixer S/N 05ZZZ0610
Philadelphia Field service personnel are not trained electricians nor outriggers and cannot assist in that capacity
Freight (Incoterm 2020)
EXW (Ex Works) Palmyra, Pennsylvania
Unless otherwise stated, crating is not included in freight costs.

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EXHIBIT B

INSURANCE REQUIREMENTS

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 or its equivalent covering CGL on an “occurrence” basis, including bodily injury, property damage, products-completed operations, personal & advertising injury, with limits of $5,000,000 per occurrence and $5,000,000general aggregate .

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

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of $1,000,000 per accident for bodily injury or disease.

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

Additional Insured Status
The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents are to be covered as additional insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability for bodily injury or property damage caused, in whole or in part, by work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of ISO Forms (CG 20 1012 19 and CG 20 37, 12 19 or their equivalents).

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

Notice of Cancellation
Coverage shall not be cancelled, except after Contractor provides thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Waiver of Subrogation
To the extent not prohibited by law, Contractor hereby grants to the City of San Mateo and the Estero Municipal Improvement District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this

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provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. In the event of a claim involving the City, the City reserves the right to require copies of all applicable insurance policy provisions which may relate to the claim.

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Exhibit C

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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: 13 Section Name: CONSENT CALENDAR Account Number: 10-4651 File ID: 24-9052 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

Assessment District and Fee Administration Services - Agreement RECOMMENDATION:

Approve a four-year professional services agreement in an amount not to exceed $102,721 with David Taussig and Associates, Inc. (dba DTA) for assessment and fee administration services for the North Shoreview and South Bayfront assessment districts and the citywide Community Flood and Storm Protection Fee; and authorize the Public Works Director to execute the agreement in substantially the form presented.

BACKGROUND:

The City has two flood assessment districts, the North Shoreview and South Bayfront (Districts), which have been approved by residents impacted by the Federal Emergency Management Agency’s (FEMA) designated Special Flood Hazard Area. The Districts pay debt service on bonds issued to construct improvements to San Mateo’s Bayfront levee system.

Both assessments are for 20 years, and the annual fee varies depending on the zone of benefit, type of property, and square footage. Note that since FEMA just recently revised the Special Flood Hazard Area map to remove the North Shoreview area from the flood zone, assessments in the North Shoreview District have been deferred until the 2025-26 tax year.

Residents also approved the Community Flood and Storm Protection Fee to fund improvements to the stormwater system, including storm pipelines, pump stations, assessing and restoring aging infrastructure, improving water quality in local waterways, and implementing proactive maintenance and system reliability measures.

Consultants are needed to provide fee administration services to help maintain the assessment district/fee data and develop the annual assessment levies for the property tax rolls. The consultant would respond to residents' questions via phone calls and develop information for the City’s reporting requirements around the assessments/fee.

In accordance with Municipal Code section 3.60.30, a competitive public process was used to obtain proposals for this service. Specifications and a Notice Inviting Proposals were published in July 2024. Three proposals were received and opened on August 14, 2024. The three proposals received were as follows:

Consultant Annual Fee
David Taussig and Associates, Inc. dba DTA $24,553
NBS Government Finance Group $34,500
SCI Consulting Group $45,500
The proposals were evaluated based on experience, qualifications, proposed approach to provide the service, and cost.

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Staff recommends awarding the agreement to David Taussig and Associates, Inc. dba DTA because they understand the needs of the service, has the necessary level of expertise, and provide the best value for the required services. David Taussig and Associates, Inc. dba DTA is currently the consultant for the South Bayfront Assessment District and has provided quality service without interruptions.

BUDGET IMPACT:

This is a four-year agreement and will cover the period of October 1, 2024, through September 30, 2028. The first year of the agreement is $24,553. The amount will increase annually by CPI (maximum 3%), beginning in year two and so forth, in an amount not to exceed $102,721. Sufficient funds are budgeted for the South Bayfront Levee Improvement Project (468301), North Shoreview Assessment District Project (468202), and the Storm Drain Condition Assessment Project (46W002) for the award of this agreement.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement
Att 2 - Request for Proposal Results

STAFF CONTACT
Alonso Barahona, Management Analyst II
[email protected]
(650) 522-7334
Jamie Perez, Senior Management Analyst
[email protected]
(650) 522-7242

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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: 10-2311 File ID: 24-9073 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: September 16, 2024
SUBJECT:

Public Works Department, Community Development Department and Police Department – Classification Updates RECOMMENDATION:

Adopt a Resolution to approve 1) the job specification and salary range for the new classification of Laboratory Analyst III in the Public Works department; 2) the revisions to the job specification for the classification of Deputy Community Development Director and the proposed salary range for the classification of Deputy Building Official in the Community Development department; and 3) the reallocation of the vacant Executive Assistant position to Management Analyst I-II position in the Police department.

BACKGROUND:

Public Works Department
The proposed new classification, Laboratory Analyst III, is the advanced journey level of the existing Laboratory Analyst I-II classification and will be responsible for conducting quality assurance and control as required by California’s new Wastewater Treatment Plant Laboratory standards. The incumbent in this position will perform lead duties over the Laboratory Analyst I-II employees and provide training to operations and Laboratory staff. In maintaining our internal salary relationships, the recommended monthly salary range for the Laboratory Analyst III is $9,427.42 - $11,242.18 which is 10 percent above the salary range for the Laboratory Analyst II.

Community Development Department
The Building Official position manages almost half of the Community Development Department’s staff within the Building Division and is responsible for coordinating with other departments and outside agencies to ensure an effective and user- friendly permitting and construction process while also making sure that building code and life safety requirements are being met. To recognize the size and scope of the responsibilities assigned to this position, and the importance that this role plays in resolving complex and challenging situations that are community priorities, reallocation of this position to a Deputy Director level is proposed.

The reallocation of the Building Official to Deputy Community Development Director (Deputy CDD Director) was approved as part of the FY24-25 Budget and the updates to the Deputy CDD Director job specification are proposed to support this reallocation. Allowing for this reallocation will also alleviate a salary compaction issue between the Building Official and Deputy Building Official (DBO). The two positions are needed to work in concert to handle the day-to-day and more complex personnel and customer service matters, to ensure this large Division within the Department runs smoothly and delivers uninterrupted service.

The DBO position was reactivated in the previous fiscal year but has been vacant. The DBO has direct supervision over Building Division staff and the Plan Check Supervisor position is the DBO’s highest level subordinate. Currently the DBO

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salary range is approximately 3 percent below that of the Plan Check Supervisor. In order to correct the internal salary relationship between the DBO and Plan Check Supervisor, the recommended monthly salary range for the DBO position is $12,665.22 - $15,103.98 which is 10 percent above the Plan Check Supervisor position.

Police Department
There have been significant changes in the demands and expectations of the Police Department in recent years, and providing high-level analytical support to executive management is an increasingly essential function. The Police Department’s Executive Assistant retired in July of 2024, after over fifty years of dedicated public service. During this admirable and lengthy tenure, the needs of the Department in terms of the duties to be performed by the position have changed considerably and require reconsideration in how the position is structured and staffed to best provide services.

Staff wishes to reallocate the vacant Executive Assistant position to a Management Analyst I-II position to better reflect the current needs of the Department.

In a modern-day police department, effective support to the Chief of Police requires a skill set that extends beyond that of an Executive Assistant position, which traditionally has included administrative support tasks such as scheduling appointments, managing calendars, preparing documents, and coordinating travel arrangements. There is an increased need for an analytical and managerial skill set that includes responsibilities such as serving as the custodian of records, managing personnel files, writing agenda reports for City Council, preparing and delivering presentations to City Council, conducting procurement activities, administering contracts, and acting as a Workday manager. These duties have a much broader scope than what is currently represented within the Executive Assistant classification; the duties require a higher level of expertise which aligns well with the existing Management Analyst I-II classification.

It is recommended that the vacant Executive Assistant position be reallocated to a Management Analyst I-II position to better align with the Department’s needs and allow for the recruitment of an analyst who can provide a higher level of professional involvement, manage critical departmental functions, and ensure the smooth operation of executive tasks essential to the leadership of a modern-day Police Department.

BUDGET IMPACT:

The addition of the new Laboratory Analyst III position was included in the 2024-25 adopted budget so this will have no fiscal impact.

The reallocation of the Building Official to a Deputy Community Development Director was included in the 2024-25 adopted budget so this will have no fiscal impact. The total estimated compensation increase for the Deputy Building Official in Fiscal Year 2024-25 will be $30,000. Any future costs will be built into the Community Development’s personnel budget.

There is no budget impact associated with the revisions to the job specification for the classification of Deputy Community Development Director.

The reallocation of the Executive Assistant position to a Management Analyst I-II position will result in an annual cost of approximately $40,000 to the General Fund. Costs incurred in the current Fiscal Year can be accommodated in the Police Department's operating budget using salary savings from vacant positions. Future costs will be incorporated into the 2025- 2026 Budget.

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.

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ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Job Specifications
Exhibit B – Merit Salary Schedule
Att 2 – Job Specification with tracked changes

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

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CITY OF SAN MATEO
RESOLUTION NO. __ (2024)

APPROVING THE CLASSIFICATION UPDATES IN

THE PUBLIC WORKS, COMMUNITY DEVELOPMENT AND POLICE DEPARTMENTS 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 bases of the proposed classification updates are fully detailed in the accompanying administrative report; and
WHEREAS, the proposed job specifications for the classifications of Laboratory Analyst III and Deputy Community Development Director are attached hereto as Exhibit A, and incorporated by reference; and WHEREAS, the proposed salary ranges for the classifications of Laboratory Analyst III and Deputy Building Official are attached hereto as Exhibit B, and incorporated by reference; and WHEREAS, the employee associations representing the impacted classifications have been informed of the proposed classification updates and have not brought forth any objections or concerns.

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

1. The classification updates are not subject to 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 job specifications for the classifications of Laboratory Analyst III and Deputy Community Development Director attached hereto as Exhibit A; and

3. The salary ranges for the classifications of Laboratory Analyst III and Deputy Building Official attached hereto as Exhibit B; and

4. The reallocation of the vacant Executive Assistant position to Management Analyst I-II position are approved.

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Exhibit A

LABORATORY ANALYST III

DEFINITION
Under general direction, coordinates, conducts, and oversees the activities of the Laboratory Quality Assurance (QA) Program; reviews the performance of analytical methods and monitors quality control (QC) data; performs complex lab analyses; and performs related work as assigned.

DISTINGUISHING CHARACTERISTICS
This is an advanced journey-level position in the Laboratory Analyst series. The Laboratory Analyst III is a single position class distinguished by the level of responsibility assumed, the complexity of duties assigned, the independence of action taken, and the significant time spent performing more complex tasks. This role requires comprehensive training in all procedures and policies related to the Laboratory Analyst series and involves executing the most difficult and responsible duties within the series, including providing technical and functional supervision to assigned personnel. The position necessitates a complete working knowledge of wastewater quality analysis and the ability to effectively carry out assigned duties and responsibilities.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Laboratory Supervisor.

May provide technical or functional supervision to less experienced staff.

EXAMPLES OF DUTIES
Depending on assignments, duties may include, but are not limited to, the following:

Perform duties included in the Laboratory Analyst I/II positions.

Review sample and QC data for statistical outliers and trends; correct the work of subordinate laboratory personnel.

Review data and assist in the preparation of local, state, and federal regulatory reports.

Coordinate, conduct, and document internal audits of laboratory practices, procedures, methods, and analytical results, following established procedures.

Monitor, coordinate, and conduct corrective and preventive actions; oversee the completion, submission, and follow-up of responses.

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2 Coordinate required Method Detection Level (MDL) studies and Limit of Quantitation (LOQ) verifications.

Organize and monitor staff Initial and Ongoing Demonstrations of Capability, providing input to the supervisor.

Coordinate training on QA/QC, analysis methods, and safety.

Perform the duties of the Laboratory Supervisor in their absence.

Develop and oversee the development of new test procedures using standard reference materials; write standard operating and test procedures, and train others in new and existing procedures.

Perform complex lab analyses.

Supervise assigned staff.

Perform other duties as assigned.

QUALIFICATIONS
In addition to the qualifications for Laboratory Analyst II Knowledge of:

Principles and practices of modern chemistry, bacteriology and the physical sciences.

Applicable local, state, and federal rules and regulations related to water and wastewater laboratory analysis.

Basic mathematics.

Ability to:

Perform regulatory and process control analysis and QC as assigned.

Read, understand and interpret regulations governing laboratories as well as permits governing discharge of air emissions, biosolids and wastewater.

Act as Technical Manager in the absence of the Laboratory Supervisor.

Experience and Training Guidelines:

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

Experience:

Either
Two years of experience in a wastewater treatment plant laboratory and a Grade II Laboratory Analyst Certificate from the California Water Environment Association.

OR
Grade III Laboratory Analyst Certificate from the California Water Environment Association.

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License or Certificate:

Possession and maintenance of a Laboratory Analyst Certificate Grade II issued by the California Water Environment Association are required. A Grade III Laboratory Analyst Certificate from the California Water Environment Association is preferred.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, crouch, squat, stoop, reach, twist and lift 25 pounds; exposure to outdoors, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 09/16/2024
REVISED CC:

FORMER TITLES:

BARGAINING UNIT: GENERAL UNIT
FLSA: NON-EXEMPT
DOT: NO
PRE APPT-MEDICAL: YES
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: NO
JOB CODES: 5458
DMV RECORDS CHECK:YES
ABOLISHED:

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2 DEPUTY COMMUNITY DEVELOPMENT DIRECTOR

DEFINITION
Under general direction, the Deputy Director assists in planning, managing, organizing, coordinating and overseeing the activities and operations of the Community Development Department; coordinates assigned activities with other City departments, divisions and outside agencies; provides highly responsible and complex administrative support to the Community Development Director; acts as department director as assigned; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS
The Deputy Director is responsible for administration and operation of a variety of support services and intradepartmental projects in some or all of the divisions within the Community Development Department, performs responsible and innovative administrative management in support of the City’s goals and objectives and is a participating member of the Department’s management team. The position has a broad range of independence within policy parameters and works under minimal direction, following general guidelines or professional and administrative standards in accomplishing assignments.

The position is distinguished from the Community Development Director in that the Director has overall management responsibility for all aspects of the Community Development Department. It is distinguished from other division manager positions in the department in that the Deputy Director will take a lead role in overall Department administration and the formulation and implementation of the Department’s overall goals, budget, training, and evaluation programs as assigned.

SUPERVISION EXERCISED AND RECEIVED
Receives general direction from the Community Development Director.

Exercises direct supervision over management, supervisory, professional, technical, and administrative support staff.

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

Assist the Department Director in administration of departmental programs.

Provide administrative direction to activities relating to the effective utilization of programs, personnel, resources, facilities and equipment.

Plan, organize, control, and evaluate the functions and activities related to construction services, including

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serving as Building Official, and overseeing building and housing inspections, plan checking, and public Permit Center services.

Develop, encourage, implement and manage re-engineering and continuous improvement processes.

Assist in managing the development and implementation of Community Development Department goals, objectives, policies, and priorities for each assigned service area; establish, within City policy, appropriate service and staffing levels; allocate resources accordingly.

Participate as a team member and leader in the work of the Department.

Develop and implement productivity measurements and statistics.

Represent the Community Development Department to other City departments, divisions, elected officials and outside agencies; explain and interpret Community Development Department programs, policies, and activities.

Select, train, motivate and evaluate Community Development Department personnel; provide or coordinate staff training; work with employees to correct deficiencies.

Assist in planning, directing, and coordinating the Community Development Department's work plan; meet with staff to identify and resolve problems; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures.

Assist in managing and participate in the development and administration of the Community Development Department budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; direct the monitoring of and approve expenditures; direct the preparation of and implement budgetary adjustments as necessary.

Serve as a liaison with employees, public and private organizations, community groups, and other organizations; provide information and assistance regarding community development programs and services.

Participate on a variety of committees and task forces; attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of community development.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

Operational characteristics, services and activities of a comprehensive community development department.

Organization and management practices as applied to community development programs, policies and operational needs.

Project management principles and concepts.

Principles and practices of budget preparation and administration.

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2 Principles of supervision, training and performance evaluation.

Skill to:

Analyze technical and administrative information.

Public speaking, written and oral communications.

Problem solve and thought processing.

Ability to:

Provide administrative and professional leadership and direction for the assigned division(s).

Facilitate public meetings.

Select, supervise, train, and evaluate staff.

Prepare and administer budgets.

Engage in ongoing process improvement review and implementation.

Maintain and exhibit discretion, honesty and integrity when handling sensitive situations.

Participate in a collaborative and positive manner with internal and external stakeholders.

Understand, interpret and explain codes, regulations and policies.

Provide vision and set operational goals to achieve this vision.

Think strategically, deal constructively with conflict and develop solutions.

Determine when to seek assistance, refer, inform or escalate a problem.

Be innovative and willing to take initiative.

Communicate clearly and concisely, both orally and in writing.

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

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:

Six years of progressively responsible experience in project management, community development, specifically in building, housing or code enforcement, and community facilitation, three years of

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which have been in a supervisory role.

When the position includes Building Official duties, experience shall include four years of increasingly responsible experience of a supervisory and administrative nature in the design, construction, and inspection of public, commercial, industrial, or residential buildings.

Training:

Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, public policy, planning, urban studies, economics or a closely related field. A Master’s degree is desirable.

License or Certificate:

Possession of, or ability to obtain, an appropriate, valid driver's license.

When the position includes Building Official duties, possession of a Building Official Certificate issued by the International Code Council or other equivalent state, national, or international association is required within 12 months of appointment.

ADA Special Requirement:

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.

ADOPTED CC: 6-20-16
REVISED CC: 9-16-24
FORMER TITLES:

BARGAINING UNIT: DEPUTY DIRECTORS UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
FORM 700: YES
JOB CODES: 2135
ABOLISHED:

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2 Exhibit B
City of San Mateo – Merit Salary Schedule for Adoption by Council on September 16, 2024 Laboratory Analyst III - job code 5458
Steps Hourly Biweekly Monthly Annual
Step 1 54.39 4351.20 9,427.42 113,131.20
Step 2 56.84 4547.20 9,852.08 118,227.20
Step 3 59.40 4752.00 10,295.80 123,552.00
Step 4 62.07 4965.60 10,758.59 129,105.60
Step 5 64.86 5188.80 11,242.18 134,908.80
Deputy Building Official - job code 2091
Steps Hourly Biweekly Monthly Annual
Step 1 73.07 5845.60 12,665.22 151,985.60
Step 2 76.36 6108.80 13,235.48 158,828.80
Step 3 79.80 6384.00 13,831.73 165,984.00
Step 4 83.39 6671.20 14,453.99 173,451.20
Step 5 87.14 6971.20 15,103.98 181,251.20

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-9076 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: September 16, 2024
SUBJECT:

Caltrans Sustainable Transportation Planning Grant – Agreement Authority RECOMMENDATION:

Adopt a Resolution to authorize the City Manager to execute agreements with the California Department of Transportation for the development of the City of San Mateo Sea Level Rise Adaptation Plan.

BACKGROUND:

In January 2024, the City of San Mateo applied to the California Department of Transportation (Caltrans) Fiscal Year 2024- 25 Sustainable Transportation Planning Grant Program. Specifically, the City’s application requested funding through the Climate Adaptation Planning Grant that supports local and regional identification of transportation-related climate vulnerabilities through the development of climate adaption plans. Critical transportation assets within the City’s boundaries include roads, highways, bus routes, and rail and are maintained by Caltrain, Caltrans, SamTrans and the City of San Mateo. San Mateo is vulnerable to sea level rise and inundation along the bay shoreline impacting the aforementioned transportation assets. To address and plan for sea level rise impacts, the City of San Mateo requested grant funding through the Caltrans Sustainable Transportation Planning Grant Program to support the development of a climate adaptation plan specific to sea level rise.

In July 2024, the City of San Mateo received a conditional award letter from Caltrans for the Sustainable Transportation Planning Grant for the development of a Sea Level Rise Adaptation Plan. A Restricted Grant Agreement needs to be executed with Caltrans before such funds can be reimbursed. Further, the Sustainable Transportation Planning Grant Program requires the adoption of a resolution authorizing the signee of the Restricted Grant Agreement prior to the finalization of the agreement. A local resolution was not required at the grant application stage, however it is required upon award as a condition of grant acceptance. Due to this grant program requirement, staff recommends the City Council adopt the proposed resolution. At a future City Council meeting, City staff will bring forward the Restricted Grant Agreement and a resolution to accept and appropriate the grant funding for the project once the Restricted Grant Agreement is finalized by the Caltrans team.

BUDGET IMPACT:

There is no fiscal impact of this resolution. The Restricted Grant Agreement and resolution to accept and appropriate grant funding will provide the budget details associated with the project.

ENVIRONMENTAL DETERMINATION:

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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007
James Yang, Associate Engineer
[email protected]
(650) 522-7575

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPROVAL AUTHORITY FOR AGREEMENTS BETWEEN THE CITY OF SAN MATEO AND THE CALIFORNIA

DEPARTMENT OF TRANSPORATION (CALTRANS) FOR THE DEVELOPMENT OF A CLIMATE ADAPTATION PLAN

FOR SEA LEVEL RISE THROUGH THE SUSTAINABLE TRANSPORATION PLANNING GRANT PROGRAM WHEREAS, the City of San Mateo applied to the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Program, specifically, the Climate Adaptation Planning Grant for the development of a Climate Adaptation Plan for Sea Level Rise; and WHEREAS, the City of San Mateo received a conditional award letter for the 2024-25 Sustainable Transportation Planning Grant; and
WHEREAS, the City of San Mateo is eligible to receive state funding for certain transportation planning related plans through Caltrans; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with Caltrans before such funds can be reimbursed through the Caltrans Sustainable Transportation Planning Grant Program; and WHEREAS, the Caltrans Sustainable Transportation Planning Grant Program requires the adoption of a resolution identifying and authorizing the Restricted Grant Agreement signee prior to contract finalization; and WHEREAS, the City of San Mateo wishes to delegate authorization to the City Manager to execute these agreements and any amendments thereto.

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

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

2. The City Manager is authorized to execute all Restricted Grant Agreements and any amendments thereto with Caltrans in furtherance of the development of a Climate Adaption Plan for Sea Level Rise through the Sustainable Transportation Planning Grant Program.

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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: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-9092 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

Staff Augmentation Services for the Wastewater Treatment Plant - Amendment RECOMMENDATION:

Approve Amendment No. 1 with waterTALENT LLC for staff augmentation services for the Wastewater Treatment Plant in the amount of $400,000, for a new total agreement amount of $499,000; establish a $100,000 contingency reserve; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The City is currently constructing a new facility for the liquids treatment portion of the Wastewater Treatment Plant (WWTP). The new WWTP facilities are expected to be commissioned in early 2025. In the months leading up to the new facility coming online and during actual startup, WWTP staff will need to attend numerous trainings, observe clean water testing, and keep both the existing and new WWTP facilities operational for up to a month during the transition from the old facilities to the new facilities. This significant increase in demands on WWTP staff’s time and focus is not feasible with the quantity of City staff at the WWTP. The operational priority is to ensure WWTP staff are fully trained and capable of operating the new facilities during this transitional period.

To allow staff to focus their time and effort where necessary in support of the startup of the new facilities, staff augmentation services are required to operate and maintain the existing facilities. The scope of services generally includes:
Operate facilities to control flow and processing of wastewater, sludge, and effluent; monitor gauges, meters, and control panels; observe variation in operating conditions, interpret meter and gauge readings, and test results to determine processing requirements
Operate valves and gates; start and stop pumps, engines, and electric motors to control and adjust flow and treatment processes; operate and maintain boilers; perform routine maintenance work on valves, tanks, related equipment, and facilities
Monitor, adjust, and troubleshoot operational processes utilizing data-driven technology; clean, clear, maintain, and adjust motors, pumps, and other equipment; read meters and gauges correctly and act quickly and competently
Fully utilize the computerized work systems in accordance with workflow processes; operate WWTP vehicles and stationary machinery as required
Collect samples and perform routine laboratory tests and analyses Provide appropriate entries into the Operational Shift Logbook On-call, as-needed, Operations staffing
On August 1, 2024, staff advertised a Request for Proposals to obtain Staff Augmentation Services for the Wastewater

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Treatment Plant. Five proposals were received on August 15, 2024. The proposals were evaluated based on experience, qualifications, proposed approach to provide the service, cost, and reference checks. The evaluation demonstrated that waterTALENT LLC understands the needs of the service, has the necessary level of expertise and staffing to meet the operational needs, and provides the best value for the required services. Staff negotiated the scope and fee of the agreement.

As a result, staff executed an agreement on August 30, 2024, with waterTALENT LLC for staff augmentation services for the WWTP for an amount of $99,000. The original agreement was expedited to allow for waterTALENT to provide immediate on-call services to support the City in managing the risk of temporarily having WWTP operations staff unavailable due to the potential employee strike from the SEIU Local 521 Maintenance Unit.

This Amendment No. 1 is to increase the amount of the agreement to address the remainder of anticipated costs associated with the operational startup of the new plant facilities. In addition, a contingency reserve of $100,000 is requested to continue the services if there are delays during the transition period, or for any other on-call staff augmentation operational needs.

BUDGET IMPACT:

Sufficient funds are included in the FY 2024-25 WWTP operating budget to cover the cost of these services and the contingency reserve.

ENVIRONMENTAL DETERMINATION:

Approval of this Agreement is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an agreement to provide staff augmentation services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 1

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287

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Contract Amendment Page 1 of 2
CAO Approved June 2024
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3 AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

WATERTALENT LLC FOR

STAFF AUGMENTATION SERVICES
($99,000 [Original Amount], $400,000 [Amendment No. 1]) This Amendment is made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and waterTalent LLC ("CONSULTANT").

WHEREAS, CITY and CONSULTANT entered into an agreement for staff augmentation services on August 30, 2024 (“Agreement”); and
WHEREAS, CITY and CONSULTANT wish to amend the Agreement to increase the compensation by $400,000, for a total Agreement amount not to exceed $499,000.

NOW, THEREFORE, the Parties agree as follows:

1. The first paragraph of Section 8, “Payment” of the Agreement, is amended to read:

“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 the 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 $499,000.00. 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 B.”

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

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Contract Amendment Page 2 of 2
CAO Approved June 2024
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3 IN WITNESS WHEREOF, CITY OF SAN MATEO and waterTalent LLC have executed this Amendment No. 1 on ___________________.

CITY OF SAN MATEO CONSULTANT
Alex Khojikian
City Manager
Date Tyler Reifert
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nyguen
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: 17 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-9096 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: September 16, 2024
SUBJECT:

Grand Jury Report: "Restaurant Exteriors: The Neglected Space" - Response Letter RECOMMENDATION:

Approve a letter responding to the July 9, 2024, San Mateo County Civil Grand Jury report titled “Restaurant Exteriors: The Neglected Space” and authorize the Mayor to send the response letter on behalf of the City Council.

BACKGROUND:

On July 9, 2024, the San Mateo County Civil Grand Jury released a report titled 'Restaurant Exteriors: The Neglected Space' (Attachment 2). The report urges local government agencies to adopt a proactive approach to managing garbage and parklet sanitation issues around restaurant exteriors in San Mateo County, while also offering suggestions for preventive maintenance. The Grand Jury presented seven findings and four recommendations in the report. The City of San Mateo was exempt from three recommendations, as they pertain to the County. The City's response to each finding and recommendation is due to the Grand Jury by October 7, 2024. A draft response letter is included as Attachment 1 to this administrative report.

San Mateo County Civil Grand Jury Report
The Grand Jury report, "Restaurant Exteriors: The Neglected Space," examined various issues related to food waste and the regulations governing it. The report highlighted concerns that restaurant waste, including food, is not always properly contained in designated exterior bins, often resulting in overflow that attracts animals and other pests. Additionally, it noted inconsistencies in enforcement and inspection practices across different jurisdictions, aiming to bring attention to these regulatory gaps.

The City is proactively monitoring these areas and disagrees with many of the findings. For example, the City’s Regulatory Compliance Manager conducts unannounced inspections both inside and outside restaurant spaces. These inspections focus on stormwater best management practices and ensure compliance with the City’s stormwater code. This includes ensuring that waste areas are well-maintained, swept, and that dumpster lids are closed. Businesses that violate the code are provided with written warnings and notices of violation. To this end, the City’s Public Works Environmental Compliance inspectors conduct approximately 150 unannounced inspections annually at restaurants and food service establishments, have issued 54 enforcement actions related to violations in the waste storage areas, and have a successful compliance history in response to these notices.

Additionally, code enforcement staff and the City’s Downtown Coordinator actively monitor exterior spaces and work with businesses to ensure that waste storage areas are in good condition. As for parklets, the City’s permitting requirements include well-drained flooring, adequate storm drain access, and inspections prior to becoming operational, and annually thereafter. The report recommends empowering each jurisdiction to increase trash pickup. However, further analysis is

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needed, as this would likely increase costs for businesses, and it is unclear whether this is a need for individual businesses in San Mateo.

The City provided responses to each of the findings and recommendations. The City’s responses to the seven findings and one recommendation are summarized in Table 1 below. Detailed responses are provided in the draft response letter.

Table 1: San Mateo Grand Jury Response on “Restaurant Exteriors: The Neglected Space” Finding City Response
F1: Sanitary conditions of the exterior of restaurant facilities fall outside the current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of these facilities shows something is lacking in the regulatory process.

Wholly Disagree with the Finding.

F2: Sanitary conditions of parklets fall outside the current inspections conducted by the County Health Department or Vector Control.

Agree with the Finding.

F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

Wholly Disagree with Finding
F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

Partly Agree with Finding
F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

Wholly Disagree with Finding
F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

Wholly Disagree with Finding
F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

Partly Agree with Finding
Recommendation
R4. By June 30, 2025 inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pickups.

The recommendation requires
further analysis
BUDGET IMPACT:

There is no budget impact for this administrative action.

ENVIRONMENTAL DETERMINATION:

This response letter 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 - City of San Mateo Response Letter
Att 2 - San Mateo County Grand Jury Report

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

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September 13, 2024
Hon. Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall Of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
RESPONSE TO THE GRAND JURY REPORT: Restaurant Exteriors: The Neglected Space Honorable Judge Lee,
Thank you for the opportunity to review and comment on the above referenced Grand Jury Report filed on July 9, 2024. The City of San Mateo’s response to both the findings and recommendations are listed below.

Response to Grand Jury Findings:

F1: Sanitary conditions of the exterior of restaurant facilities fall outside the current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities show something is lacking in the regulatory process.

RESPONSE: Wholly Disagree with the Finding.

The City of San Mateo conducts inspections both inside and outside of restaurants. Inside, the City primarily inspects grease traps to ensure they are properly connected and maintained. Outside, the City inspects the waste storage areas and trash enclosures at each location. These inspections focus on stormwater best management practices (BMPs) and ensuring compliance with San Mateo’s Municipal Stormwater Code. This includes verifying that the waste area is well-maintained, with floors routinely swept and dumpster or cart lids closed. If litter or food waste is found outside a waste container, the restaurant may be subject to enforcement action, typically a Written Warning or a Notice of Violation, depending on the severity of the violation and/or the history of past infractions. While these inspections are not specifically targeted at sanitary conditions, maintaining a clean area inherently supports better sanitation.

Furthermore, the City conducts these stormwater inspections of outside waste storage areas to ensure compliance with Sections C.4 and C.10 of our Municipal Regional Stormwater Permit (MRP), Order No.

CITY OF SAN MATEO

OFFICE OF THE CITY MANAGER

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7000

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R2-2022-0018, NPDES Permit No. CAS612008, issued by the Regional Water Quality Control Board (RWQCB) to all municipalities in the San Francisco Bay Region. To comply with the MRP, San Mateo must inspect approximately 150 restaurants annually, ensuring that all restaurants are inspected twice during the 5-year permit term. In the past year (July 1, 2023, to June 30, 2024), Public Works Environmental Compliance Inspectors conducted inspections at 138 restaurants and food service establishments, issuing 54 enforcement actions related to violations in the waste storage areas.

F2: Sanitary conditions of parklets fall outside current inspections by the County Health Department or Vector Control.

RESPONSE: Agree with the Finding.

While the Downtown Coordinator regularly inspects parklets for issues such as trash build-up in gutters, obstructions to runoff flow, or overflowing trash containers, these inspections are not under the purview of the County Health Department. However, the City of San Mateo manages parklet compliance through an annual renewal process, which allows the City to withhold a permit if a parklet fails to meet requirements, including sanitation standards. Permittees who do not comply with these standards may ultimately be required to remove their parklet.

RESPONSE: Wholly Disagree with the Finding
As mentioned in the response to F1, the City conducts unannounced inspections of waste storage areas at restaurant locations throughout the City. These inspections focus on stormwater issues, which often overlap with sanitary concerns. During these inspections, conditions such as leaking dumpsters, open lids, or overfilled containers with waste at risk of spilling out are promptly addressed. For example, if plastic bags, miscellaneous debris, or food waste are found outside the dumpster, the owner is required to sweep the area and place all waste items in the appropriate container. No waste items are to be stored outside their proper container. These inspections are conducted to ensure compliance with our Stormwater MRP and are not complaint-driven.

There are approximately 350 food service establishments in San Mateo, including various mobile businesses. Food service establishments in the City are inspected approximately every 2.5 years.

Additionally, many restaurants in Downtown San Mateo share trash enclosures, which are inspected annually and monitored regularly by the Downtown Coordinator.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

RESPONSE: Partly Agree with the Finding
It is accurate that areas "out of sight" are less likely to be noticed by the public, which can lead to fewer complaints. However, this also means that if trash is not visible, inspectors might not identify it as a violation. Being "out of sight" results in both fewer complaints and less enforcement. Nevertheless, the

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City actively monitors exterior spaces to ensure that waste storage areas remain in good condition, as outlined in the responses to F1 and F3.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

RESPONSE: Wholly Disagree with the Finding
When the City receives complaints, staff is typically successful in working with business or property owners to achieve compliance. Additionally, the City has enforcement authority under the stormwater municipal code, allowing it to direct owners to correct violations in trash enclosures within 10 business days or before the next rain event, whichever comes first. This oversight ensures that violations and unacceptable conditions are addressed in a timely manner.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

RESPONSE: Wholly Disagree with the Finding
Businesses are informed that discharging wastewater from cleaning trash areas into storm drains is prohibited. The City has established Best Management Practices (BMPs) specifically for food businesses to address storm drain spills. Environmental Compliance Inspectors from Public Works conduct outreach and enforcement to promote these BMPs, which include proper handling of used oil and ensuring that waste water from equipment or floor mats is directed to the sanitary sewer system rather than storm drains. Spills are managed using absorbents, and cleaning methods that prevent discharge into storm drains are recommended. Many business owners are unaware of these BMPs, but are receptive to implementing them once they receive the information. The City continually promotes BMPs through handouts, public events, and direct interactions with residents and business owners.

FINDING:

F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

Response: Partially Agree with Finding
As noted in F1 and F2, the code enforcement staff and Downtown Coordinator consistently monitor exterior spaces and work with businesses to ensure that waste storage areas are well-maintained.

Additionally, the City’s Parklet Permit standards require well-drained flooring, proper storm drain access, and inspections before parklets can become operational, and they must meet specific conditions to retain their permits. However, it is true that unless the parklets are dismantled or removed, operators cannot effectively sanitize the spaces between or beneath them.

San Mateo’s parklet standards specify that there must be 'Maintenance access – Parklet platforms must be designed to provide access underneath the platform to allow for maintenance (i.e., repairs or clearing debris). If the platform base is not a solid mass, access can be provided through access panels, removable pavers, or other means.'

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This access helps manage the accumulation of debris and organic matter by ensuring prompt action when these issues are identified. Additionally, parklet standards require that 'the platforms shall be kept free of litter, refuse, and debris. The area must be scrubbed and mopped daily to remove any food or drink stains, as stipulated by the permittee.' This cleaning must comply with the City's Storm Water Management and Discharge Control Program, which prohibits the discharge of anything other than rainwater into the stormwater drainage system.

These measures are essential in deterring vermin, as the area must be regularly maintained.

Recommendations:

R4. By June 30, 2025 inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pickups.

Response: The recommendation requires further analysis
The recommendation to empower inspectors to mandate additional waste receptacles or increased pickup frequency for restaurants requires further analysis.

Currently, the Downtown Coordinator assists businesses in evaluating and adjusting their waste pickup needs through proactive outreach, informing them of ways to optimize the size and frequency of pickups. Additionally, Recology monitors the situation and contacts businesses when trash bins overflow and spill onto sidewalks.

However, it would be challenging for City staff to determine whether a business has sufficient receptacles or adequate waste removal frequency, as each business operates under different conditions—varying hours, seasonal adjustments, and unique operational needs. Ultimately, it is the business owner's responsibility to assess and adjust their waste pickup requirements based on fluctuations in sales and operations.

And, in cases where businesses fail to manage their waste effectively, Code Enforcement steps in. When repeated citations are issued for trash accumulation outside dumpsters, it often signals a need for increased waste service. Although Code Enforcement cannot directly mandate Recology to increase pickups, these citations usually prompt businesses to make the necessary adjustments.

Building on this approach, the City has already been enforcing more frequent waste services to meet San Mateo’s Municipal Regional Permit (MRP) C.10 mandate for 100% trash capture by June 30, 2025.

This enforcement has been particularly effective at multi-family properties, such as Creekside Apartments and Hillsdale Garden Apartments, where compliance was achieved through coordinated efforts between the City, Recology, and enforcement of the Stormwater Municipal Code. A similar model could be adapted to address restaurants with insufficient waste services.

Nevertheless, outreach challenges are anticipated with the concurrent enforcement of new SB1383 initiatives, which may lead business owners to feel over-regulated, especially during a time when they

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are striving for financial stability. Further analysis is needed to assess whether the benefits of this recommendation outweigh the potential financial and operational burdens on businesses and to ensure that enforcement is both effective and fair.

This response to the Grand Jury was approved at a public meeting on September 16, 2024.

Respectfully,
Lisa Diaz Nash
Mayor, 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: 18 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-9124 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 16, 2024
SUBJECT:

November 5, 2024 Statewide Propositions and H.R.6639 - Poverty Line Act of 2023 – Recommendations RECOMMENDATION:

Approve the recommendations of the Legislative Committee to: (1) support the following propositions on the ballot for the November 5, 2024, General Election: Proposition 3 (Guarantees Marriage Equality); Proposition 5 (Lowers the Vote Requirement for Local Housing & Infrastructure Bonds); and Proposition 32 (Increases the Minimum Wage); and (2) support H.R. 6639 - the Poverty Line Act of 2023.

BACKGROUND:

On September 9, 2024, the Legislative Committee comprised of Mayor Diaz Nash and Deputy Mayor Newsom met to consider recommending positions on the November 5, 2024 General Election. There are ten propositions on the ballot.

After discussion, the Legislative Committee recommended the City Council take a support position on Proposition 3 (Guarantees Marriage Equality); Proposition 5 (Lowers the Vote Requirement for Local Housing & Infrastructure Bonds); and Proposition 32 (Increases the Minimum Wage). Attachment 1 provides the Council with a summary of each proposition.

The Legislative Committee also considered two legislative bills, the H.R. 6639 - the Poverty Line Act of 2023 and Senate Bill 969 (Alcoholic beverages: entertainment zones): consumption. After discussion, the Legislative Committee recommended a support position be taken by the City Council on H.R. 6639 - the Poverty Line Act of 2023. The Legislative Committee recommended no action be taken at this time on Senate Bill 969.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Easy Voter Guide
Att 2 - Text of H.R.6639 - Poverty Line Act of 2023
Att 3 - Public Comment

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 19 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-9135 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 16, 2024
SUBJECT:

Police Sergeant’s Association – Memorandum of Understanding Changes RECOMMENDATION:

Adopt a Resolution to amend the Memorandum of Understanding with the Police Sergeant’s Association for a term through January 3, 2027, and to approve a supplemental budget appropriation in the amount of $100,000.

BACKGROUND:

The Police Sergeant’s Association (PSA) represents approximately 16 employees. The contract with this bargaining unit expired on June 22, 2024. Negotiations with the PSA have concluded, and the membership has ratified the proposed changes to their Memorandum of Understanding.

Consistent with the direction provided by the City Council, negotiators for the City and the bargaining unit have reached agreement. These agreements include:

Term: The contract will be for a period of two and a half (2.5) years, expiring on January 3, 2027. This brings their contract into alignment with the Police Officer’s Association MOU.

Salary: The bargaining unit will receive a 3.0% salary increase and an additional 1.0% increase for additional community- based training requirements implemented by the Department, effective the pay period including January 5, 2025. The bargaining unit will receive a 3.0% salary increase and an additional 2.0% for community-based training requirements implemented by the Department, effective the pay period including January 4, 2026.

Educational Incentives: Effective the first full pay period following Council adoption of this agreement, members who possess a POST Advanced Certificate are eligible for a 9% differential of base pay and members who complete the California POST Sherman Block Supervisory Leadership Institute training program are eligible to receive a 4% differential of base pay.

Duty Differentials: The bargaining unit will be eligible for new duty differentials effective the first full pay period following adoption including a five (5%) work differential for Field Training Sergeant Premium, a five (5%) differential for Traffic Detail Premium, and a half percent (.5%) differential for Supervisor Premium when assigned to at least two specific supervisory assignments.

Other: There are language changes relating to departmental operations and housekeeping language that amend some of the terms and conditions of the contract.

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BUDGET IMPACT:

A supplemental budget appropriation of available fund balance in the General Fund of $100,000 for the Police Department's 2024-25 operating budget is required to accommodate the negotiated increases.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Exhibit A - Tentative Agreement

STAFF CONTACT
Abby Veeser, Acting Human Resources Director
[email protected]
(650) 522-7102

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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: 20 Section Name: PUBLIC HEARING Account Number: 23-3133 File ID: 24-9022 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: September 16, 2024
SUBJECT:

Consolidated Annual Progress and Evaluation Report for the Community Development Block Grant 2023-2024 Program Year – Adoption
RECOMMENDATION:

Adopt the 2023-2024 Consolidated Annual Progress and Evaluation Report (CAPER) for submittal to the United States Department of Housing and Urban Development.

BACKGROUND:

Each year, the City is required to submit to the United States Department of Housing & Urban Development (HUD) a Consolidated Annual Performance Evaluation Report (CAPER). The primary focus of the CAPER is the use of Community Development Block Grant (CDBG) funds, which the City receives on an annual basis from HUD. It also serves to document progress made towards the City’s housing and community development goals as identified in associated planning documents. These include the five-year Consolidated Plan and Annual Action Plan, the document where the City outlines where funding will be spent the following year and what goals the City would like to achieve with those activities. This year’s CAPER documents progress made on the 2023-24 Annual Action Plan and the 2023-27 Consolidated Plan.

The City uses CDBG funds to assist the public in many categories, as defined by HUD. These include public services, economic development, community development, fair housing administration, minor home rehabilitation, and public facilities. The CAPER responds to questions asked in a template provided by HUD and consists of narratives on the progress of San Mateo’s community development programs and accomplishments made possible by use of CDBG funds.

The CAPER in Attachment 1 is the narrative portion of the report, describing program activities and achievements. Much of this information is generated from the HUD computer system, Integrated Disbursement and Information System (IDIS), and from internal reporting systems.

Several areas are highlighted in the CAPER, including:

1. Community Funding
The City funded several activities through its Community Funding program, which encompasses the spending categories of public services, minor home rehabilitation, and fair housing under CDBG regulations. This program provides grants to local organizations providing a wide range of services to low- and moderate- income residents. In Program Year 2023-2024, the City funded $271,100 total in the following areas:
Nine public services grants totaling $116,100, which assisted 4,024 people. Three minor home repair grants totaling $90,000, which assisted 11 households. One economic development grant to support a microenterprise assistance program totaling of $25,000,

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which assisted 33 people.
One grant for fair housing services totaling $25,000, which assisted 11 people.

2. Public Facilities
Public Facilities are another category of CDBG funding. The City uses these funds to support City street and sidewalk improvements and local non-profits that primarily serve low- and moderate-income households.

In the 2023-24 Program Year, one street and sidewalk safety project from the 2022-23 Program Year was completed, and the (two-year) Third Avenue/Norfolk Traffic Corridor Project completed its design phase.

The latter project, led by Public Works, is expected to solicit bids in winter 2024 and includes the following:
Signal modifications
Bicycle and pedestrian access improvements
Street restoration improvements
Concrete work
Roadway striping

3. Other Accomplishments
The City undertook other efforts beyond CDBG to address affordable housing, homelessness, poverty reduction, fair housing and affirmative action issues identified in its planning documents, including the 2023-2027 Consolidated Plan and the 2023-24 Annual Action Plan. These include the following:
Kiku Crossing, a 225-unit affordable housing development by MidPen Housing on City-owned land, completed construction in spring of 2024, began lease-up beginning of 2024, and is working through the rest of the year to get the building fully occupied;
6 very low-income units were created through the City’s Below Market-Rate program at the Brickline Flats development at 303 Baldwin Avenue; and
Homeless shelter, rapid rehousing, home-sharing, and supportive housing programs serving 183 San Mateo residents were supported through other grant programs (Permanent Local Housing Allocation).

HUD requires that the CAPER be submitted no more than 30 days after the close of the Program Year, which was June 30, 2024. This year, the deadline for submittal is September 28, 2024. The submittal of the CAPER must be preceded by a public comment period, during which time the draft CAPER must be available to the public. The draft 2023-24 CAPER was published and posted to the City’s website on August 30, 2024. The public comment period closes on the date of this meeting, September 16, 2024.

The Community Relations Commission (CRC) reviewed the draft CAPER at a Special Meeting on September 5, 2024. The CRC voted 5-0-0 to recommend that the City Council adopt the CAPER and direct staff to submit the final version to HUD by the September 28 deadline. Comments from CRC Commissioners included:
Making clarifying additions to Table 2 on race and ethnicity of households served with CDBG-funded activities and associated narrative.
Based on race and ethnicity data provided in Table 2 on households served with CDBG-funded activities, considering in future Program Years how to improve overall program reach to households in the Asian category. Evaluating goal-setting for future years for home repair/rehabilitation programs, given the difference between the annual goal (29) and actual number served this Program Year (11).

BUDGET IMPACT:

There are no budget impacts involved in the presentation, approval, and submission of this report.

ENVIRONMENTAL DETERMINATION:

This administrative review of the 2023-24 CAPER is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

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NOTICE PROVIDED:

All meeting noticing requirements were met. The draft CAPER was placed on the City’s website and a notice was published on August 30, 2024 in the San Mateo Daily Journal of public comment period from August 30 to September 16, which meets the 15-day period required by the City’s Citizen Participation Plan. By the date of publication of this report, no comments have been received. The same public notice provided information about the Community Relations Commission Special Meeting on September 5, 2024 and this public hearing on September 16, 2024.

ATTACHMENTS
Att 1 – Draft Consolidated Annual Performance Evaluation Report

STAFF CONTACT
Rachel Horst, Housing Manager
[email protected]

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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: 21 Section Name: NEW BUSINESS Account Number: 10-5112 File ID: 24-9057 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: September 16, 2024
SUBJECT:

Use of Former Fire Station 25 as Police Traffic Sub Station – Discussion RECOMMENDATION:

Discuss potential re-use of former San Mateo Consolidated Fire Department Station 25 at 545 Barneson Avenue as a Police Traffic Substation and provide direction to staff.

BACKGROUND:

In 2021, the City celebrated the opening of a new, modernized Fire Station 25 at 1455 Shafter Street. The new facility replaced the former Fire Station 25 at 545 Barneson Avenue, which had become too small to accommodate modern fire equipment and personnel. Meanwhile, the former Fire Station 25 building has remained vacant.

During this time, concerns related to traffic safety in San Mateo have increasingly become an issue of citywide interest.

Over the last several years, the San Mateo Police Department has made efforts to address this interest by restructuring staffing within the Field Operations Bureau to provide more police officers dedicated to the Traffic Unit to enhance safety for pedestrians, bicyclists and motorists. Staff wishes to discuss and receive the City Council’s feedback regarding the potential to convert the former Fire Station 25 into a Police Traffic Unit Substation.

Officers in the Traffic Unit are separate from the regular Patrol Unit and focus on addressing all issues related to traffic safety such as neighborhood Traffic Action Plans (TAP), parking, moving citations and accident reporting. The Traffic Unit also receives and responds to a high volume of complaints regarding neighborhood traffic issues which are not currently assigned to TAP. Because of space constraints within the Police Department facility, Traffic Officers currently share a work area with the Records Division. The Traffic Sergeants are located in a separate area of the building, next to the Field Operations Captain and Lieutenants. This arrangement is not ideal, and providing a shared workspace for Traffic Unit staff would allow for better supervision and continuity of information. In addition, there is a variety of equipment utilized by the Traffic Unit (i.e. traffic message boards, speed trailers, etc.) which, because of space constraints, must be stored at the Corporation Yard. An arrangement where all traffic related equipment could be housed in one location would make deployment and maintenance more efficient. The proposal is to operate a small, traffic-focused unit at the facility; not a large-scale, high volume patrol station. It is estimated that not more than 3-4 traffic police officers would use the space at a given time. Staff does not anticipate a need to utilize any on-street parking for traffic motorcycles or employee personal vehicles; however, in the event an occasional beat officer were to stop by to utilize the facility to write a report, their police vehicle would need to be parked on the street. The staff who use the facility will be conscientious of the neighborhood.

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The former Fire Station 25 would be ideal for a substation for the Traffic Unit as its location adjacent to Alameda de las Pulgas and Highway 92 provides several access routes to all corners of San Mateo. Alameda de las Pulgas is also one of the busiest areas for traffic related issues in San Mateo, with over 9 schools, Beresford Recreation Center and Park as well as the Senior Center all located along the corridor. To this end, the increased visibility and expanded presence of officers associated with establishing a substation at the old Station 25 could be beneficial to the overall traffic safety on the west side of San Mateo. The substation could be open to the public during normal business hours and available to beat-patrol officers after-hours for report writing, potentially allowing for better response times throughout the day.

To make the space functional as a substation, there would be costs associated with upgrading technology and infrastructure such as upgrading internet service and adding desks and workstations. In addition, the interior of the building is outdated and would need a thorough cleaning and paint, as well as the addition of alarm and surveillance equipment. Staff proposes allowing the Traffic Unit to occupy the space at a minimal level initially, and then tackle these projects in time, on an ad-hoc basis as funds become available.

Staff sought initial feedback of the neighborhood on this idea by distributing a flyer (Attachment 1) to 300 nearby residential homes in July 2024, encouraging residents to share their thoughts. Responses (Attachment 2) included comments in support citing the beneficial location relative to traffic routes and school zones, with concerns expressed primarily related to parking, noise, and further compounding traffic in an already busy area. Staff is seeking direction from the Council on whether the concept of repurposing the old Fire Station 25 property to a Police Traffic Substation should continue to be explored and evaluated for further consideration.

BUDGET IMPACT:

There is no budgetary impact at this time.

ENVIRONMENTAL DETERMINATION:

This study session 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 – Flyer
Att 2 – Responses

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Earnshaw, Lieutenant
[email protected]
(650) 522-7627

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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: 22 Section Name: OLD BUSINESS Account Number: 10-4661-01 File ID: 24-9021 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 16, 2024
SUBJECT:

US-101 Peninsula Interchange Avenue Improvements - Project Update RECOMMENDATION:

Receive an update and determine whether the US-101/Peninsula Avenue Interchange Improvements Project should be cancelled as recommended by staff.

BACKGROUND:

The US-101/Peninsula Avenue Interchange Improvements Project (Project) was first identified in 1988 in the San Mateo County Transportation Authority’s (SMCTA) Measure A Expenditure Plan, highlighting that issues associated with the E.

Poplar/US-101 on- and off-ramps have been a concern for several decades. The Project proposes to relocate the southbound US-101 on- and off-ramps from E. Poplar Avenue to Peninsula Avenue, creating a full northbound and southbound access interchange at Peninsula Avenue and Airport Boulevard. The Project would address both vehicle and pedestrian safety issues at intersections along E. Poplar Avenue in the immediate vicinity of several schools and substantially improve traffic congestion in the surrounding area, which indirectly helps reduce cut-through traffic through the neighborhoods. Two alternatives for the southbound on- and off-ramps at Peninsula Avenue have been evaluated: a tight diamond interchange and a spread diamond interchange. A major challenge for each of the alternatives is the need for full or partial acquisition of private properties along N. Amphlett Blvd. to provide the necessary right-of-way (ROW) to construct the interchange, resulting in substantial cost implications.

Historical City Council Direction on the Project
In 2012 Council directed staff to pursue the Project.
In 2015, staff developed the Project Initiation document, which identified the two alternatives (i.e., tight and spread diamond options) to evaluate in the Project Approval and Environmental Document (PA/ED) phase. In 2016 the Project‘s PA/ED phase started after $2.5 million in SMCTA grant funds were secured . Given that Peninsula Avenue crosses jurisdictional boundaries with the City of Burlingame, cut-through traffic was raised as a Project concern by Burlingame residents and their City Council. As a result, a preliminary analysis to determine the Project’s effect on traffic in the broader community was conducted. In 2021, staff received direction from Council to continue the PA/ED phase and seek funding to start the project design phase. Staff pursued additional funds from SMCTA from their Measure A Highway Program grant. In December 2021, SMCTA awarded $1.4 million to complete the PA/ED phase, another $4.2 million to fund the project design phase, and $400,000 to begin the administrative portion of the ROW acquisition process. Matching

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funds were also required from the City in the amount of $600,000, $500,000 and $100,000 for the PA/ED, project design, and ROW administrative phase, respectively.
In 2022, staff received updated Project cost estimates for both alternatives identified in the PA/ED with a significant increase in ROW acquisition cost (Table 1.). For context, the ROW acquisition cost was estimated to be $57 million and $71 million for both the tight diamond and spread diamond options, respectively, during the start of the PA/ED process. In 2022, the updated estimate showed ROW acquisition costs for the tight diamond and spread diamond alternatives to be $97 million and $151 million, respectively. This is 70% and 112% increases over the original PA/ED estimate. To make matters worse, the latest estimate for ROW acquisition is 80% - 170% greater than the actual construction cost. This means if the project were to proceed forward to construction, it is highly unlikely any sort of funding would be awarded to this project since right-of-way acquisition is not something funding agencies normally provide. That means the majority of the project cost would need to be funded with local funding, for example General Fund or local transportation funds.

Table 1. Project Cost Estimate (Shown in Millions)
Tight Diamond
Alternative
Spread Diamond
Alternative
Design, ROW Administrative, Construction Management $18M $20M Right-of-Way Acquisition $97M $151M
Construction $54M $56M
TOTAL $169M $227M
In 2023, staff provided a Project update to City Council. Staff focused on the latest construction cost estimates for both the tight diamond and spread diamond alternatives. Staff pointed out that right-of-way acquisition costs for the tight diamond and spread diamond alternatives accounted for 57% and 67%, respectively, of the total project cost of $169 and $227 million. With such high cost for construction and uncharacteristic distribution to right-of- way acquisition, staff sought direction from City Council feedback on potential next steps:

1. Continue with the Project (Finish PA/ED and move towards project design)

2. Explore new alternatives that have less right-of-way acquisition and impact

3. Restart the project and identify alternatives with less right-of-way acquisition and impact

4. Cancel the project and explore other project alternatives to resolve project issues.

Council directed staff to explore new alternatives that have less right-of-way acquisition and impact.

Alternative Development Workshop
Shortly after Council direction to explore alternatives with less ROW impacts, staff revisited the Project planning phases to see if there were any overlooked alternatives worth further exploration. Staff convened a group of industry experts working on or familiar with the Project, including Gray-Bowen-Scott, SMCTA, AECOM, and Kimley-Horn, to perform a one- day value engineering exercise to see if any new alternatives could be achieved. The exercise consisted of examining more than 12 alternatives. Ultimately, the team was not able to find an alternative that would have a meaningful reduction in ROW cost. The full Alternative Development Workshop memo is attached as Attachment 1.

Other Considerations
Outside of the disproportional ROW acquisition cost from the two (2) alternatives, staff has the following concerns:

1.Modern Transportation Funding: During the Project’s timeframe from 2012 to 2024, the funding landscape for transportation projects has changed dramatically at all levels, from federal to the county level. In the 12 years since Project inception, the industry has shifted away from large highway capacity projects to alleviate congestion and moved toward multi-modal and public transit projects that promote mode shift and consolidation to get

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vehicles off the existing roadway network.

2. Resident Impacts: Since the project entered its PA/ED phase with its two (2) alternatives, staff has heard an increasing amount of feedback from the community about how their properties are now put in hardship. Residents have communicated to staff about their properties being devalued due to the uncertainty of whether their property will be acquired for this project. Residents have also expressed their inability to refinance their property due to the uncertainty which has created significant financial hardship for some property owners.

Summary/Next Step/ Recommendation
The Project will be entering its 13th year since Council first directed staff to pursue this project. The Project Initiation Document was completed relatively quick, but the project has been in the PA/ED phase for close to nine years due to the complex nature of the project, the balance of opposition vs. support for the project from the public, inconsistent funding, and lack of funding forecasting.

Given all the challenges associated with the Project, most notably the high probability that it cannot be funded due to the disproportionate ROW acquisition costs, staff recommends cancelling the project and utilizing the on-going North Central Complete Streets Plan to identify new smaller project(s) that will help address the current community concerns. If Council agrees with staff’s recommendation, official notification will be distributed to interested parties and the City will notify SMCTA of the decision and closeout the project accordingly. Staff is seeking Council’s direction on the following staff recommendation:

1. Cancel the Project and notify interested parties and property owners of the City’s decision

2. Conduct a scoping study to identify small alternative projects to address safety in the neighborhood as part of the North Central Complete Streets Plan; and

3. Seek grant funding to implement projects that come out of the North Central Complete Streets Plan to address safety and congestion issues consistent with the original goal of the project.

BUDGET IMPACT:

There is no budget impact for receiving an update on US-101/Peninsula Avenue Interchange Improvements project.

ENVIRONMENTAL DETERMINATION:

This City Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that an informational update and request for direction on whether to terminate a project may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Alternative Development Workshop Memorandum

STAFF CONTACT
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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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: 23 Section Name: OLD BUSINESS Account Number: 10-6143 File ID: 24-9098 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: September 16, 2024
SUBJECT:

Senior Citizens Commission – Update
RECOMMENDATION:

Receive an update and provide direction regarding the scope of the Senior Citizens Commission mission and duties and potential name change.

BACKGROUND:

On March 4, 2024, the City Council directed staff to expand the mission and duties of the Senior Citizens Commission. Staff aims to enhance the Commission’s role in serving the senior population and further address their needs more comprehensively.

To meet this goal, staff reviewed the existing ordinance related to the Commission and determined that the current scope is adequate to meet Council direction to expand its mission. The current powers and duties state: “It shall be the objective of the Senior Citizens Commission, as an advisory body to the Council, to encourage, foster, and facilitate programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.” To operationalize the current scope, staff has developed a detailed plan to ensure the Commission’s activities fully reflect the existing ordinance. This plan includes regular check-ins with staff liaisons to other commissions to review topics that can be brought to the Senior Citizens Commission to ensure equitable access to relevant discussion and informational items.

Examples of upcoming items include Housing Element outreach, transportation accessibility, and General Plan policies and actions related to seniors. As part of the commission’s expansion, a Youth Commissioner position will be added. Staff will develop a recruitment strategy and integrate the role into the Senior Citizens Commission. Additionally, the Age Friendly Coalition will be invited to present updates on their programs and activities to the commission every six months, and potential collaborations with the city will be explored. The City Clerk’s Office will also conduct a review of Boards and Commissions, which will provide a framework for evaluating the effectiveness of the expanded role of the Senior Citizens Commission and addressing any concerns that may arise.

Senior Citizens Commission Name Change
At the January 23, 2023 meeting, the Commission proposed a name change to remove the word “citizens” from the title.

In a subsequent meeting, the commissioners reviewed the names of commissions in neighboring agencies, and staff conducted a survey based on their feedback (Attachment 1). Commissioners selected four name options for the survey:
"Older Adults Commission," "Senior Advisory Commission," "Senior Commission," and retaining the current name. The survey received 160 responses, with the majority recommending either keeping the existing name or changing it to "Senior Advisory Commission." At their September 11, 2023 meeting, the Senior Citizens Commission unanimously voted to

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recommend the name change to "Senior Advisory Commission." Similar commissions in neighboring cities such as Burlingame, East Palo Alto, Millbrae, and San Bruno are named "Senior Advisory Board" or "Senior Advisory Commission," while Redwood City uses "Senior Affairs Commission."
Staff are now seeking direction from the Council regarding the proposed name change.

Next Steps:

Staff will come back with an ordinance introduction for the clean-up items and potential name change in November 2024.

BUDGET IMPACT:

There is no budget impact for this item.

ENVIRONMENTAL DETERMINATION:

This project status update 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 - Survey Results

STAFF CONTACT
Joanne Magrini, Director, Park and Recreation
[email protected]
650-522-7404

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San Mateo City CouncilSeptember 16, 2024

San Mateo City Council
September 16, 2024