Agenda packet, regular meeting — San Mateo City Council, June 16, 2025 (part 1 of 4)

CITY OF SAN MATEO
City Council Regular Meeting
June 16, 2025
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Robert Newsom Jr.

Adam Loraine
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

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

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The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

Agenda amended on June 13, 2025
Item 19: Agenda Report and Attachments

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

CEREMONIAL

1. Juneteeth – Proclamation

2. Leadership Council San Mateo – Presentation

3. Fire Hazard Maps and Code – Presentation

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

4. Police Digital Forensic Analyst Classification and Reclassification — Approval Adopt a Resolution to approve the job specification and salary range for the new classification Police Digital Forensic Analyst and reclassify the incumbent in the Police Digital Forensic Specialist position to Police Digital Forensic Analyst.
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CEQA: These classification updates are not 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).)

5. Deputy Director of Public Works Job Specification Updates — Approval Adopt a Resolution to approve the updates to the job specification of the Deputy Director of Public Works position.

CEQA: The job specification updates are not 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).)

6. 2nd and El Camino Public Garage — Licensing Agreement Approve a licensing agreement, substantially in the form presented, between the City of San Mateo and Sutter Bay Hospital (dba Mills-Peninsula Medical Center) to permit use of 60 City-owned parking spaces on the 5th floor of the 2nd Avenue and El Camino Real public garage for hospital staff parking.

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

7. Fiscal Year 2025-26 General Liability and Property Insurance — Purchase Authorization Authorize a staff committee comprised of the City Manager, the Finance Director, and the City Attorney to select the most cost-effective program to insure the City's general liability, property risks, and Library; and authorize the City Attorney to execute all required documents to purchase the selected insurance for fiscal year 2025-26.

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

8. Fiscal Year 2024-25 Year-End Supplemental Budget Adjustments – Approval Adopt a Resolution approving year-end supplemental budget adjustments for fiscal year 2024-25.

CEQA: This FY 2024-25 year-end budget adjustment report 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).)

9. Poplar Creek Golf Course Well Drilling Project — Contract Approval Adopt a Resolution authorizing a transfer of $215,423 from the Golf Course Upgrades FY 18-19 Project (618280) to the Golf Course Well Drilling Project (618278) for a total project budget of $718,794. Award a contract to GeoCon Consultants, Inc. in the amount of $511,000; establish a 15 percent contingency reserve of $76,650 for a total amount not to exceed $587,650; authorize the Director of Parks and Recreation to execute the contract in substantially the form presented and issue change orders up to the contingency amount.

CEQA: This award of contract 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). In accordance with CEQA Guidelines Section 15304, the underlying project of drilling a well is categorically exempt from CEQA because it results in a minor alteration of land. The onsite retention ponds, which serve the irrigation system, will remain the same size during this project. The new irrigation well will not exceed the previously approved water withdrawal from the aquifer. It will only draw the amount of water needed to maintain the levels in the retention ponds. 2 of 1111

10. East Hillsdale Park Playground Improvements Project – Construction Management Services Contract Award Award a contract to 4LEAF, Inc. (Consultant) for construction management services for the East Hillsdale Park Playground Improvements Project (Project); on a time and expense reimbursement basis for actual work performed, in an amount of $200,000; authorize a contingency amount of $30,000, for a total amount not to exceed $230,000; and authorize the Parks and Recreation Director to execute the contract, in substantially the form presented.

CEQA: This contract for construction management services 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).

11. East Hillsdale Park Playground Improvements Project – Approval Adopt a Resolution to approve an alternative purchasing procedure for awarding a purchase contract with Miracle Playsystems (Vendor) for the purchase of playground equipment, for the East Hillsdale Park Playground Improvements Project (Project) in the amount of $191,246.54; authorize a contingency amount of $19,124.65 for a total amount not to exceed $210,371.19; and authorize the Parks & Recreation Director to execute the contract in substantially the form presented.

CEQA: This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.). The purchase of the play equipment by the city will not cause a physical change to the environment.

12. Citywide Median Island Mulching — Agreement
Approve an agreement with JetMulch, Inc., for the application of mulch to 153 median islands in the amount of $326,727; authorize a 10 percent contingency of $32,627, for a total amount not to exceed $359,354; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

CEQA: This project is exempt from CEQA because it can be seen with certainty that the application of mulch will not have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).

13. Worker Resource Center and Amendment for 171 N Amphlett Blvd. – Operations and Lease Agreements

1. Adopt a Resolution appropriating $864,900 from the General Fund and General Fund Housing Set-Aside for Samaritan House to operate the Worker Resource Center for three years, a three-year lease for the building at 171 North Amphlett Boulevard, and trash collection and miscellaneous maintenance costs for three years; 2.

Approve an agreement with Samaritan House to provide services to operate the Worker Resource Center, for a three-year term, in the amount of $195,000 annually for a total amount of $585,000, and authorize the City Manager to execute the agreement in substantially the form presented; and 3. Approve Amendment No. 2 to the lease agreement with Sakai Family Partnership for the property at 171 North Amphlett Boulevard in the amount of $279,900 and authorize the City Manager to execute the amendment in substantially the form presented.

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

14. Below Market Rental Rates, Sales Prices and Unit Community Priorities – Adoption 3 of 1111
Adopt a Resolution to establish 2025 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing three or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.

CEQA: The establishment of 2025 maximum rental rates and sales prices for affordable housing 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.)

15. Comprehensive Zoning Code Update Professional Services – Appropriation and Agreement Adopt a Resolution to appropriate $926,846 from the Advanced Planning Fund to the Comprehensive Zoning Code Update project, approve a professional services agreement with PlaceWorks to provide technical planning support, community outreach and project management to complete the Comprehensive Zoning Code Update project, and authorize the City Manager to execute the agreement in substantially the form presented.

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

16. Public Use Easement Dedication Acceptance for Property Located at 200 N. Quebec Street – Adoption Adopt a Resolution to accept the grant of public use easement for pedestrian and vehicular parking access along Monte Diablo Avenue for the property located at 200 N. Quebec Street in substantially the form presented.

CEQA: The acceptance of this easement dedication is not a project for CEQA because it can be seen with certainty that it will not cause a physical change in the environment (Public Resources Code 21065.)

17. Humboldt Street Paving with the City of Burlingame – Cost Sharing Agreement Approve a Cost Sharing Agreement with the City of Burlingame for the Paving of Humboldt Street in conjunction with Burlingame's 2025 Street Resurfacing Project; and authorize the City Manager to execute the agreement in substantially the form presented.

CEQA: Approval of this Cost Sharing Agreement is categorically exempt from CEQA, because the underlying project within the City of San Mateo 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.)

18. Citywide Fire, Life, and Safety Inspection Testing and Maintenance Services — Agreement Adopt a Resolution to approve an alternative purchasing procedure to award a five-year agreement with APi National Service Group, Inc. for inspection, testing, and maintenance of Citywide fire, life, and safety systems in the amount of $591,375; approve a contingency reserve of $60,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

CEQA: approval of an agreement for inspection, testing, and maintenance of Citywide fire, life, and safety systems is exempt from CEQA review 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.))

19. Building Access Control System Maintenance — Agreement 4 of 1111
Adopt a Resolution to approve an alternative purchasing procedure to award an agreement to Edgeworth Integration, LLC, DBA VAS Security Systems for Building Access Control System Maintenance in the amount of $120,000; establish a contingency in the amount of $12,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

CEQA: This project 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.)

20. Wastewater Treatment Plant Chemicals — Purchase Contracts Award Award purchase contracts of chemical supplies necessary for Wastewater Treatment Plant operations to the following chemical suppliers: 1) Univar Solutions USA LLC to supply sodium hypochlorite in the amount of $1,455,820.00; sodium bisulfite in the amount of $285,134.63; sodium hydroxide in the amount of $457,985.51; and citric acid in the amount of $55,689.50; 2) Pencco, Inc. to supply ferric chloride in the amount of $496,272.38; and authorize the Public Works Director to execute the contracts in substantially the form presented.

CEQA: The purchase of various chemicals to enable the treatment of wastewater at the City’s Wastewater Treatment Plant is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies. (CEQA Guidelines Section 15378(b)(2).)

21. Wastewater Treatment Plant Biosolids Hauling and Disposal — Contract Change Order Approve Contract Change Order No. 3 to an agreement with Synagro-WWT, Inc. for wastewater treatment plant biosolids hauling and disposal services to exercise a one-year extension in the amount of $750,000, for a revised total contract amount not to exceed $2,794,250; establish a contingency reserve of $100,000; and authorize the Public Works Director to execute future change orders and extensions within the contingency balance.

CEQA: This biosolids hauling and disposal 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.)

22. Integrated Supervisory Control and Data Acquisition System Maintenance and Improvement – Contract Change Order
Approve a Resolution authorizing an alternative purchasing procedure to award an agreement to Enterprise Automation, LLC in an amount not to exceed $125,000 for upgrading and maintaining the City’s Supervisory Control and Data Acquisition (SCADA) system; establish a contingency reserve of $30,000; and authorize the Public Works Director to execute the contract in substantially the form presented, execute change orders within the contingency reserve.

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

23. Water Quality Control Plant Supply of Liquid Emulsion Polymer – Contract Award Adopt a Resolution to approve an alternative purchasing procedure and award a contract to SNF Polydyne, Inc. for the supply of liquid emulsion polymer in the amount of $548,973.94; establish a 10 percent contingency reserve in the amount of $54,900; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount. 5 of 1111
CEQA: This Council action is not a project subject to CEQA, because the purchase of liquid emulsion polymer to maintain WWTP operations is a continuing maintenance activity involving the purchase of supplies. (CEQA Guidelines Sections 15378(b)(2).)

24. Wastewater Treatment Plant Grit, Rag, and Scum Hauling and Disposal — Agreement Approve an agreement with Compactor Management Company LLC, for Wastewater Treatment Plant grit, rag, and scum hauling and disposal in the amount of $160,300; establish a contingency reserve in the amount of $40,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the contingency reserve.

25. Staff Augmentation Services for the Wastewater Treatment Plant — Amendment Approve Amendment No. 2 with waterTALENT LLC for staff augmentation services for the wastewater treatment plant in the amount of $200,000, for a new total agreement amount of $699,000, and extending the term through June 30, 2026; 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 amendment is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an amendment to provide staff augmentation services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

26. Purchase of a Telehandler — Approval
Adopt a Resolution to approve an alternative purchasing procedure to award a purchase contract to PAPE Material Handling, Inc. for the purchase of a JLG 1055 Telehandler to facilitate Wastewater Treatment Plant and Field Maintenance operations in the amount of $182,924.27; establish a contingency reserve amount of $7,000; and authorize the Public Works Director to execute the agreement and any change orders within the contingency amount.

CEQA: Adoption of a Resolution approving this purchase contract is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies. (CEQA Guidelines Section 15378(b)(2).) In addition, approval of this purchase contract is exempt from CEQA, in that it can be seen with certainty that there is no possibility that the purchase of a telehandler to move material within the Wastewater Treatment Plant as part of its normal operations and to support the City’s Field Maintenance Divisions may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).))

27. Wastewater Treatment Plant On-Call Consulting Services — Amendment Approve Amendment No. 2 to the On-Call Professional Consultant Services Agreement with Carollo Engineers, Inc. for Wastewater Treatment Plant-related services in the amount of $475,000, for a new total agreement of $1,325,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and to amend the agreement within the agreement amount.

CEQA: The proposed action is exempt from environmental review under the California Environmental Quality Act (CEQA), since entering on-call professional services agreements is an organizational or administrative activity that will not result in direct or indirect significant physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) In addition, on June 6, 2016, the City Council certified a Final Programmatic Environmental Impact 6 of 1111
Report (Final PEIR) (SCH No. 2015032006), which serves as the primary environmental compliance document for implementation of the Clean Water Program. On July 16, 2018, the City approved Addendum 1 to the Final PEIR, and on April 15, 2019, approved Addendum 2. Any resultant capital improvement or operations and maintenancerelated projects resulting from the on-call professional consulting services shall be reviewed on an individual basis or evaluated for consistency with the PEIR and Addenda.

28. Marina Branch Public Library Restoration Project – Agreements Approve an agreement with DL Falk Construction, Inc. for construction of the Marina Branch Public Library Restoration Project in the amount of $5,405,000; establish a contingency reserve for said agreement in the amount of $540,500; approve an agreement with Consor PMCM, Inc. for construction management services for the Marina Branch Public Library Restoration Project in the amount of $824,900; and authorize the Public Works Director to execute the agreements in substantially the form presented, issue change orders as allowed by the contract documents, and approve change orders within the construction agreement contingency amount.

CEQA: This approval of these Agreements 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.))

29. Traffic Signal Modification at Poplar Avenue and Humboldt Street — Agreement Approve an agreement with Phoenix Electric Company for construction of the Traffic Signal Modification at Poplar Avenue and Humboldt Street in the amount of $367,000; establish a contingency reserve in the amount of $55,000; 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 reserve.

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.)

30. East 3rd Avenue Landfill Hydrogen Sulfide Monitoring – Agreement Amendment Adopt a Resolution to appropriate $95,000 from the unassigned balance of the Landfill Fund to the Public Works operating budget; approve Amendment No. 1 to the Agreement with Stearns Conrad and Schmidt Consulting, Inc. dba SCS Engineers for monitoring and reporting services for hydrogen sulfide at the landfill in the amount of $57,650, for a new agreement total of $107,405; establish a contingency reserve in the amount of $9,300; extend the term of the Agreement until December 31, 2026; and authorize the Public Works Director to execute the amendment in substantially the form presented and future amendments within the contingency amount.

CEQA: Approval of an amendment to the agreement with SCS for continued monitoring, reporting and investigatory work at the East Third Avenue Landfill is exempt from CEQA review as information gathering, because it consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (CEQA Guidelines Section 15306.) In addition, approval of a budget appropriation from an unassigned fund balance of the Landfill fund to the Public Works Department operating budget is exempt from CEQA review, because it consists of 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).)

31. Wastewater Treatment Plant Mosquito Abatement – Agreement Approve a three-year agreement with the San Mateo County Mosquito and Vector Control District for mosquito monitoring and abatement at the Wastewater Treatment Plant in an amount not to exceed $45,000; establish a 7 of 1111
contingency reserve of $5,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

32. Hillsdale Caltrain Commuter Shuttle – Agreement
Approve a two-year agreement with Commute.org (Peninsula Traffic Congestion Relief Alliance) for the Hillsdale Caltrain Commuter Shuttle in the amount of $169,028; and authorize the Public Works Director to execute the agreement in substantially the form presented.

CEQA: Approval of this agreement is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that entering into an agreement with Commute.org to provide shuttle services will have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

33. Wastewater Treatment Plant Supervisory Control and Data Acquisition Monitoring and Upgrade Project – Contract Change Order
Approve Contract Change Order #3 with Technology Management Professionals dba TMPros, LLC in the amount of $156,864 to monitor and maintain the Supervisory Control and Data Acquisition Network at the Wastewater Treatment Plant for a revised total contract amount of $485,408; extend the term through June 30, 2026; establish a contingency amount of $20,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders up to the contingency amount.

34. Wastewater Treatment Plant Centrifuge Parts, Service and Repair Services — Agreement Adopt a Resolution approving the award of a three-year agreement with GEA Mechanical Equipment US, Inc. (GEA) for parts, service, and repair services of centrifuges at the Wastewater Treatment Plant in the amount of $600,000, with two, one-year options to extend at $200,000 each, for a potential not-to-exceed total agreement amount of $1,000,000; and authorize the Public Works Director to execute the agreement and no-cost time extensions in substantially the form presented.

CEQA: Approval of an agreement for WWTP centrifuge parts, service, and repair services 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.)

35. Citywide Custodial Services — Amendment
Approve Amendment No. 8 to the service agreement with Imperial Maintenance Services, Inc. for Citywide Custodial Services to increase the agreement by $78,665.32, for a revised total agreement amount not to exceed $6,499,300.54; extend the agreement term an additional month to July 31, 2025; establish a contingency reserve in the amount of $8,000.00; and authorize the Public Works Director to execute Amendment No. 8 in substantially the form presented and issue change orders within the contingency amount. 8 of 1111
CEQA: This project 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.)

36. Bay Meadows Community Facilities District - Special Tax Levy Fiscal Year 2025-26 — Adoption Adopt a Resolution to authorize the levy of special taxes for Fiscal Year 2025-26 for the Community Facilities District No. 2008-1 (Bay Meadows).

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

37. City Council and Boards and Commission Rules and Procedures – Update Approve the proposed amendments to the Rules and Procedures for both the City Council and Boards and Commissions to reflect the direction provided by City Council, primarily regarding the Chapter on conduct of Council Members and Commissioners.

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

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

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

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

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

38. Zoning Code Amendments and Below Market Rate Program Update — Ordinance Introduction Introduce an Ordinance amending the Zoning Code (Title 27) to address affordable housing compliance options, planning application procedures, and set minimum densities for residential mixed-use development projects; and approve a Resolution to update the City’s Below Market Rate (Inclusionary) Program to implement various policies and programs established in San Mateo’s 2023-2031 Housing Element (Sixth Housing Cycle); and find that the Ordinance and Resolution are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183.

CEQA: The Environmental Impact Report (EIR) for General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040. On March 18, 2024, the City Council certified the EIR. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment to modify housing development provisions and development standards (“Project”) is exempt from further environmental review because the Project, which generally allows for more housing types to be permitted uses in specific zoning districts and remove regulatory barriers from the zoning code, is consistent with the anticipated land uses under the land use designations adopted as part of General Plan 2040 for which an EIR was certified...

39. Fiscal Year 2025-26 Budget, Capital Improvement Program, Gann Limit, and Capital Reserve Contribution – Approval
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Adopt Resolutions to approve the fiscal year 2025-26 operating and capital budgets, the 2025-30 Capital Improvement Program, the fiscal year 2025-26 Gann appropriations limit, and a contribution to the Capital Investment Reserve.

CEQA: This budget adoption 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).)

40. Community Flood and Storm Protection Fee Increase for Fiscal Year 2025-26 — Adoption Conduct a public hearing and adopt a Resolution to increase the Community Flood and Storm Protection Fee by

2.4 percent to account for the annual Consumer Price Index (CPI) increase.

CEQA: This Council action adopting a Resolution to establish the Community Flood and Storm Protection Fee rate for Fiscal Year 2025-26 is not a project subject to CEQA, because it consists of a government funding mechanism or other 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).)

OLD BUSINESS

41. Electrify San Mateo: Sustainable Building Strategy — Policy Feedback Receive an informational report on the "Electrify San Mateo: Sustainable Building Strategy" project and provide direction on the policy pathways for inclusion in the final Sustainable Building Strategy.

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

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

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

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PUBLIC COMMENTS/REQUEST TO SPEAK
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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. 10 of 1111
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. 11 of 1111

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: 10-9811 File ID: 25-9990 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: June 16, 2025
SUBJECT:

Police Digital Forensic Analyst Classification and Reclassification — Approval RECOMMENDATION:

Adopt a Resolution to approve the job specification and salary range for the new classification Police Digital Forensic Analyst and reclassify the incumbent in the Police Digital Forensic Specialist position to Police Digital Forensic Analyst.

BACKGROUND:

The Police Department requested that a classification study be conducted for the employee holding the Police Digital Forensic Specialist position, as the position had evolved. A third-party consultant conducted the study and recommended that the position Police Digital Forensic Specialist be changed to Police Digital Forensic Analyst, the job description be revised to ensure that it is accurate and reflects the duties currently being performed by the employee in the position, and the salary range of the Police Digital Forensic Analyst be equivalent to the Police Evidence Analyst at an annual rate of $111,650.75 - $133,145.65. Additionally, a third-party consultant was hired to analyze whether the Police Digital Forensic Analyst position is exempt from Fair Labor Standards Act (FLSA) overtime requirements and the recommendation was to classify the position as FLSA non-exempt.

The Police Department and Human Resources support the recommendations made by the consultants. Consequently, the Police Department requests approval to update the job specification for the classification of Police Digital Forensic Specialist to accurately reflect the duties of the incumbent, create a new FLSA non-exempt classification Police Digital Forensic Analyst, establish the salary range for the new classification at $111,650.75 - $133,145.65 annually, and reclassify the incumbent in the Police Digital Forensic Specialist position to Police Digital Forensic Analyst.

BUDGET IMPACT:

The salary range increase for the Police Digital Forensic Analyst classification will result in an additional cost of approximately $25,000 to the General Fund. There is only one (1) funded position. For the remainder of Fiscal Year 2024- 25 the additional costs are immaterial and can be accommodated in the Police Department‘s operating budget. This new position will be incorporated into all future budgets.

ENVIRONMENTAL DETERMINATION:

These classification updates are not 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.
12 of 1111

CITY OF SAN MATEO

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Job Specification Police Digital Forensic Analyst Exhibit B – Merit Salary Schedule
Att 2 – Job Specification with tracked changes

STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
(650) 522-7264
13 of 1111

CITY OF SAN MATEO
RESOLUTION NO. __ (2025)

APPROVING THE CLASSIFICATION UPDATES IN POLICE DEPARTMENT WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to Police Department’s requests to conduct a classification study on the Police Digital Forensic Specialist position to determine if the incumbent is performing the duties of a higher-level position; and WHEREAS, the proposed job specifications for the classifications of Police Digital Forensic Analyst is attached hereto as Exhibit A; and the proposed salary range for the classification of Police Digital Forensic Analyst is attached hereto as Exhibit B; and all exhibits are incorporated by reference; and WHEREAS, the employee associations representing the impacted classifications have been informed of the classification updates and have not brought forth any objections or concerns.

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

1. The classification updates are not subject to 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 classification Police Digital Forensic Analyst attached hereto as Exhibit A; and

3. The salary range for the classification Police Digital Forensic Analyst attached hereto as Exhibit B; and

4. The reclassification of the incumbent in the Police Digital Forensic Specialist position to the new classification Police Digital Forensic Analyst are approved. 14 of 1111
Exhibit A

POLICE DIGITAL FORENSIC ANALYST

DEFINITION
Under general direction, to perform forensic examination and analysis of digital devices for police investigations; to assist in standard evidence collection practice; to ensure effective storage, maintenance, control of evidence and related computer forensic equipment and supplies; to maintain necessary data and statistics; and perform related duties as required.

DISTINGUISHING CHARACTERISTICS
This classification is responsible for performing a variety of non-sworn, advanced and highly specialized tasks related to examination of and collection of digital forensic evidence. It is distinguished from other civilian police classifications by its primary responsibility for evaluating and analyzing digital forensic evidence.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Investigations Sergeant.

May provide lead direction to interns or other staff as necessary.

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

Conduct forensic analysis, comparison and examination of evidence from mobile devices, computers and other digital devices for the purpose of police investigations.

Examine, disassemble, reassemble, evaluate, extract and interpret data from cell phones, smart phones, mobile devices, tablets, desktop and laptop computers, personal computers, servers, closed-circuit television (CCTV) systems, security equipment, vehicles, compact discs, digital video discs, DVR’s, gaming consoles, portable hard drives and related devices.

Transfer data and evidence from evidentiary items to other forms of media for presentation to sworn personnel, court, and for long term storage as evidence, ensuring proper evidentiary protocols are followed.

Prepare and maintain statistical and operational logs, records, databases, and other files according to department policies; prepare written reports on analysis completed and communicate findings.

Collect, preserve, label, catalog, and store evidentiary items for presentation in criminal proceedings in accordance with legal standards.

Track all evidentiary devices and performs audits of property and evidence. 15 of 1111
Prepare digital evidence for owner release or disposal.

Assist by providing on-scene forensic examination of evidence from mobile devices, computers and other digital devices when search warrants are being served.

Maintain records and prepare reports detailing findings and investigative methods for digital forensic examinations.

Research and evaluate new technical developments in digital forensic examination and analysis of digital evidence.

Maintain a consistent and current understanding of laws and technology in the areas of digital forensics and other areas of responsibility and recommend changed in policies and procedures consistent with laws.

Perform crypto-currency tracking.

Serve as primary point of contact between the Police Department and US Secret Service Electronic Crimes Task Force.

Maintain and ensure operability of computer forensic equipment.

Represent the Department at community meetings and with other agencies on issues relating cybercrime and computer and network safety.

Prepare evidence displays and testify in court as an expert witness in computer/digital forensics.

Provide file information to authorized personnel.

Train new employees in legal requirements, department policies and procedures as they relate to digital forensic evidence collection.

Perform administrative and law enforcement support activities as designated.

Assume responsibility for ensuring the duties of the position are performed in a safe, efficient manner.

Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:

Crime scene forensic investigation procedures.

Operating systems, intrusion, and computer forensic tools.

Forensic science as it applies to the collection and preservation and handling of evidence. 16 of 1111
Methods and techniques used in the identification, collection and preservation of digital forensic evidence.

Photographic techniques, equipment, and documentation used in crime scene photography.

Rules and procedures of providing testimony in court.

Programs used in the digital examination of evidence such as Cellebrite, and other computer applications related to the work, including word processing and commonly used law enforcement databases.

California Electronic Communications Privacy Act, and other Codes, regulations, policies and procedures related to the tasks to which assigned.

Advanced mobile device recovery techniques such as JTAG and Chip-off is highly desirable.

Applicable Federal, State, and local criminal and civil laws, codes, and regulations.

Principles and practices of electronic data storage, data encryption, and computer security systems.

Ability to:

Use current methods and techniques of digital evidence collection, recognition, identification, comparison and verification.

Effectively examine and analyze computer hardware, software, and electronically stored data pertaining to law enforcement.

Safely collect, handle, transport, process, secure, and store digital evidence.

Find and extract electronically stored information to be used as evidence.

Perform complex digital evidence recovery and analysis work.

Operate office equipment including computer information systems to include digital processing, database inquiry and word processing.

Effectively testify as an expert witness in court.

Work cooperatively with other law enforcement organizations and federal agencies.

Maintain confidentiality with classified and sensitive information.

Review and process evidence which may be disturbing in nature.

Maintain the integrity of evidence and chain of custody in accordance with established guidelines.
17 of 1111
Prepare accurate written reports; maintain accurate and legible logs and records.

Communicate clearly and concisely, both orally and in writing.

Work in a safe manner, following safety practices and procedures, model and coach others in correct procedures.

Maintain confidentiality.

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:

Two years of experience performing police-related duties specifically related to digital evidence technology related to computer forensics including some experience with handling of evidence, evidence collection and processing.

Training:

A Bachelor’s of Arts or Science degree from an accredited college in administration of justice, evidence technology, computer science or related field.

Licenses and Certificates:

Possession of, or ability to obtain, a valid California Driver’s License and a satisfactory driving record.

Possession of or ability to obtain ENCE certification from ENCASE, and certification to use Cellebrite highly desirable
ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Must be able to work a flexible schedule including emergency call-in, overtime with extended hours, call-back, shift-work, nights, holidays, and weekends to accommodate investigatory needs.

Must be able to perform work in a variety of locations to include on-site work at crime scenes, and in the Police Department. Work is performed in indoor and outdoor environments. When work is performed outdoors, there is full exposure to the elements. The incumbent may be exposed to related health hazards to include blood and other bodily fluids/products, infectious diseases, human borne parasites, air, water, and blood borne pathogens, and may have contact with complete and/or partial human corpses in various stages of decomposition. Other health hazards may include odors, toxic chemicals, and hazardous substances. Occasionally, work is performed within confined areas or at high altitudes, including photography from helicopters. Physical demands include some ability to stand, walk, bend, lift, and reach. May be required to independently work crime scene investigations either without supervision or without sworn police presence. Incumbents must be 18 of 1111
able to meet the physical requirements of the class and have mobility, vision, hearing and dexterity levels appropriate to the duties to be performed.

ADOPTED CC: 11-8-17, 06-02-25
REVISED CC:

FORMER TITLES: POLICE DIGITAL FORENSIC SPECIALIST
BARGAINING UNIT: MANAGEMENT UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT-MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: NO
DMV RECORD: YES
JOB CODES: 5286
ABOLISHED:
19 of 1111
Exhibit B
City of San Mateo – Merit Salary Schedule for Adoption by Council on June 2, 2025 Police Digital Forensic Analyst (job code 5286)
Steps Hourly Biweekly Monthly Annual
STEP 1 53.6782 4,294.2600 9,304.2300 111,650.7500
STEP 2 56.0937 4,487.5000 9,722.9100 116,674.9700
STEP 3 58.6180 4,689.4400 10,160.4500 121,925.3700
STEP 4 61.2558 4,900.4700 10,617.6800 127,412.1500
STEP 5 64.0123 5,120.9900 11,095.4700 133,145.6500
20 of 1111

POLICE DIGITAL FORENSIC SPECIALISTANALYST

DEFINITION
Under general direction, to perform forensic examination and analysis of digital devices for police investigations; to assist in standard evidence collection practice; to ensureing effective storage, maintenance, control of evidence and related computer forensic equipment and supplies; to maintain necessary data and statistics; and perform related duties as required.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Investigations Sergeant.

May provide lead direction to interns or other staff as necessary.

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

Conduct forensic analysis, comparison and examination of evidence from mobile devices, computers and other digital devices for the purpose of police investigations.

Prepare and maintain statistical and operational logs, records, databases, and other files according to department policies; prepare written reports on analysis completed and communicate findings.

Collect, preserve, label, catalog, and store evidentiary items for presentation in criminal proceedings in accordance with legal standards.
21 of 1111
City of San Mateo
Police Digital Forensic SpecialistAnalyst

Page 2 ends

Track all evidentiary devices and performs audits of property and evidence.

Prepare digital evidence for owner release or disposal.

Subject to emergency callout to assist in processing evidence at major crime scenes as needed Assist by providing on-scene forensic examination of evidence from mobile devices, computers and other digital devices when search warrants are being served.

Maintain records and prepare reports detailing findings and investigative methods for digital forensic examinations.

Research and evaluate new technical developments in digital forensic examination and analysis of digital evidence.

Perform crypto-currency tracking.

Serve as primary point of contact between the Police Department and US Secret Service Electronic Crimes Task Force.

Maintain and ensure operability of computer forensic equipment.

Represent the Department at community meetings and with other agencies on issues relating cybercrime and computer and network safety.

Prepare evidence displays and testify in court as an expert witness in computer/digital forensics.

Provide file information to authorized personnel.

Train new employees in legal requirements, department policies and procedures as they relate to digital forensic evidence collection.

Perform administrative and law enforcement support activities as designated.

Assume responsibility for ensuring the duties of the position are performed in a safe, efficient manner.
22 of 1111
City of San Mateo
Police Digital Forensic SpecialistAnalyst

Page 3 ends

Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:

Crime scene forensic investigation procedures.

Operating systems, intrusion, and computer forensic tools.

Forensic science as it applies to the collection and preservation and handling of evidence.

Methods and techniques used in the identification, collection and preservation of digital forensic evidence.

Photographic techniques, equipment, and documentation used in crime scene photography.

Rules and procedures of providing testimony in court.

Programs used in the digital examination of evidence such as Cellebrite, and other computer applications related to the work, including word processing and commonly used law enforcement databases.

California Electronic Communications Privacy Act, and other Codes, regulations, policies and procedures related to the tasks to which assigned.

Knowledge of aAdvanced mobile device recovery techniques such as JTAG and Chip-off is highly desirable.

Applicable Federal, State, and local criminal and civil laws, codes, and regulations.

Principles and practices of electronic data storage, data encryption, and computer security systems.

Ability to:

Use current methods and techniques of digital evidence collection, recognition, identification, 23 of 1111
City of San Mateo
Police Digital Forensic SpecialistAnalyst

Page 4 ends

comparison and verification.

Effectively examine and analyze computer hardware, software, and electronically stored data pertaining to law enforcement.

Safely collect, handle, transport, process, secure, and store digital evidence.

Find and extract electronically stored information to be used as evidence.

Perform complex digital evidence recovery and analysis work.

Operate office equipment including computer information systems to include digital processing, database inquiry and word processing.

Effectively testify as an expert witness in court.

Work cooperatively with other law enforcement organizations and federal agencies.

Maintain confidentiality with classified and sensitive information.

Review and process evidence which may be disturbing in nature.

Maintain the integrity of evidence and chain of custody in accordance with established guidelines.

Prepare accurate written reports; maintain accurate and legible logs and records.

Communicate clearly and concisely, both orally and in writing.

Learn and apply pertinent Federal, State and Local policies, procedures, laws and regulations Work in a safe manner, following safety practices and procedures, model and coach others in correct procedures.

Maintain confidentiality.

Experience:
24 of 1111
City of San Mateo
Police Digital Forensic SpecialistAnalyst

Page 5 ends

Training:

An Associates of Arts or Science or aA Bachelor’s of Arts or Science degree from an accredited college in administration of justice, evidence technology, computer science or related field.

Licenses and Certificates:

Possession of, or ability to obtain, a valid California Driver’s License and a satisfactory driving record.

Possession of or ability to obtain ENCE certification from ENCASE, and certification to use Cellebrite highly desirable
ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Must be able to work a flexible schedule including emergency call-in, overtime with extended hours, call-back, shift-work, nights, holidays, and weekends to accommodate investigatory needs.

Must be able to perform work in a variety of locations to include on-site work at crime scenes, and in the Police Department. Work is performed in indoor and outdoor environments. When work is performed outdoors, there is full exposure to the elements. The incumbent may be exposed to related health hazards to include blood and other bodily fluids/products, infectious diseases, human borne parasites, air, water, and blood borne pathogens, and may have contact with complete and/or partial human corpses in various stages of decomposition. Other health hazards may include odors, toxic chemicals, and hazardous substances. Occasionally, work is performed within confined areas or at high altitudes, including photography from helicopters. Physical demands include some ability to stand, walk, bend, lift, and reach. May be required to independently work crime scene investigations either without supervision or without sworn police presence. Incumbents must be able to meet the physical requirements of the class and have mobility, vision, hearing and dexterity levels appropriate to the duties to be performed.

ADOPTED CC: 11-8-17
REVISED CC:

FORMER TITLES:

BARGAINING UNIT: GENERAL UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: WHITE COLLAR LEADS / PROGRAMS
DOT: NO
PRE APPT-MEDICAL: YES
SAFETY SENSITIVE: YES
25 of 1111
City of San Mateo
Police Digital Forensic SpecialistAnalyst

Page 6 ends

REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: NO
JOB CODES: 5286
ABOLISHED:
26 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-9811 File ID: 25-10068 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: June 16, 2025
SUBJECT:

Deputy Director of Public Works Job Specification Updates — Approval RECOMMENDATION:

Adopt a Resolution to approve the updates to the job specification of the Deputy Director of Public Works position.

BACKGROUND:

The Public Works Department has two (2) Deputy Directors that each manage half of the department’s eight technical divisions. Recently, one of the Deputy Directors resigned, requiring opening a new recruitment for a replacement. There is a need to revise the job specification to update the duties and minimum qualifications, and provide greater flexibility for assigning divisional management responsibilities between both positions. The proposed revisions to the job specification removes a definition related to the prior “Environmental Services Division” or “Engineering and Facilities Services Division” and creates a general language that covers all of the relevant potential duties and desired knowledge, skills, and abilities.

BUDGET IMPACT:

There is no budget impact associated with the revisions to the job specification of the Deputy Director of Public Works position.

ENVIRONMENTAL DETERMINATION:

The job specification updates are not 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 – Job Specification
Att 2 – Job Specification with tracked changes

STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
(650) 522-7264
27 of 1111

CITY OF SAN MATEO
RESOLUTION NO. __ (2025)

JOB SPECIFICATION UPDATES

PUBLIC WORKS DEPARTMENT
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to Public Works Department’s request to revise the job specification for the classification of Deputy Director of Public Works to accurately reflect the duties and requirements of the classification; and WHEREAS, the job specification for the classification of Deputy Director of Public Works is attached hereto as Exhibit A, and incorporated by reference; and WHEREAS, the employee association representing the impacted classifications has been informed of the job specification updates and has not brought forth any objections or concerns.

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

1. The revisions to the job specification for the classification of Deputy Director of Public Works are not subject to CEQA because it can be seen with certainty that they will not cause a physical change in the environment; and

2. The revised job specification for the classification of Deputy Director of Public Works is approved and attached as Exhibit A.
28 of 1111
Exhibit A

DEPUTY DIRECTOR OF PUBLIC WORKS

DEFINITION
Under general direction, to assist in planning, directing, managing, and overseeing the activities and operations of the Public Works Department; to coordinate assigned activities with other City departments, divisions, and outside agencies; and to provide highly responsible and complex administrative support to the Director of Public Works. May serve as the City Engineer and/or the Director of Public Works in their absence.

SUPERVISION EXERCISED AND RECEIVED
Receives general direction from the Director of Public Works.

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

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

Select, train, motivate and evaluate personnel; provide or coordinate staff training; work with employees to correct deficiencies, implement discipline procedures.

Plan, direct, coordinate and review the work plan for the division; meet with staff to identify and resolve problems; assign work activities, projects, and programs; monitor workflow; review and evaluate work products, methods, and procedures.

Provide responsible staff assistance to the Director of Public Works; prepare and present staff reports and other necessary correspondence.

Respond to and resolve difficult and sensitive inquiries and complaints.

Prepare a variety of budgets, reports, correspondence, and special studies.

EXAMPLES OF DUTIES
Manage the development and implementation of goals, objectives, policies, projects and priorities for assigned regulatory and environmental services and programs including wastewater treatment, conveyance 29 of 1111
system and pump maintenance, storm drains, regulatory compliance, laboratory management, solid waste and recycling, and streets and traffic equipment and device maintenance; recommend, within Departmental policy, appropriate service and staffing levels; recommend and administer policies and procedures.

Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor work load, administrative and support systems, and internal reporting relationships; identify opportunities for improvement and review with the Director of Public Works; direct the implementation of improvements.

Manage and participate in the development and administration of the annual operating budget and capital improvement budgets; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; direct the monitoring of and approve expenditures; direct and implement adjustments as necessary.

Serve as a liaison with other City departments, divisions, and outside agencies; negotiate and resolve significant and controversial issues.

Serve as the subject matter expert representing the City in all claims, lawsuits and disputes related to wastewater conveyance, treatment, or discharge.

Conduct a variety of organizational studies, investigations, and operational studies; recommend modifications to programs, policies, and procedures.

Manage and review all public works engineering activities including engineering design, traffic engineering, construction inspection and survey, contract administration and asset management.

Manage and review all facilities services activities, including project management, fleet coordination, downtown coordination and building maintenance.

Ensure coordination with Community Development Department to monitor private developments provision of land division records and to determine adequate facilities and funds for addition of the necessary improvements to the Public Works infrastructure to service the project proposed.

Direct the forecast of additional funds needed for construction, staffing, equipment, materials, and supplies; monitor and approve expenditures; implement mid-year adjustments.

Evaluate, direct and monitor engineering, technical and facilities services operations.

Provide the point of contact for all claims processed by the City Attorney’s office and represent the City in depositions and court proceedings.

Manage and participate in the preparation and administration of the capital improvement plan and budget relating to design, construction, traffic, and water quality engineering projects.

Attend and participate in meetings and conferences with City boards and commissions, council, City administrators, public officials, professional organizations, contractors, County, Regional and State regulatory agencies regarding matters relating to areas of assigned responsibilities. 30 of 1111

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

Operational characteristics, services and activities of environmental services, wastewater treatment, conveyance systems and maintenance, regulatory compliance and streets and traffic maintenance.

Operational characteristics, services and activities of engineering, private development review, capital projects design and management, fleet coordination, project management and building maintenance.

Modern and complex principles and practices of program development and administration.

Geographic Information Systems (GIS), Computerized Maintenance Management Systems (CMMS) and Asset Management.

Advanced principles and practices of budget preparation and administration.

Principles of supervision, training and performance evaluation.

Principles and practices of project management.

Pertinent Federal, State, and local laws, codes and regulations.

Safe driving principles and practices.

Ability to:

Provide administrative and professional leadership and direction for the assigned Division.

Recommend and implement goals, objectives and practices for the assigned division’s programs and services.

Manage, direct and coordinate the work of management, supervisory, professional, technical and administrative support personnel.

Select, supervise, train, and evaluate staff.

Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of assigned division’s goals and objectives.

Research, analyze, and evaluate new public works service delivery methods, procedures, and techniques.

Prepare and administer budgets.

Prepare clear and concise administrative reports.
31 of 1111
Interpret and apply the policies, procedures, laws, codes and regulations pertaining to the assigned division’s programs and functions.

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.

Minimum Qualifications:

Experience:

Eight years of responsible public works experience including four years of management and supervisory experience.

Training:

Equivalent to a Bachelor's degree from an accredited college or university with major course work in engineering, environmental services or a related field. A Master’s degree is desirable.

License or Certificate:

Possession of, or ability to obtain, a valid California driver's license.

License to practice as a Professional Civil Engineer within the State of California is required Possession of license to practice Traffic Engineering within the State of California is desirable Special Requirements:

Essential duties require the following physical skills and work environment:

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

ADOPTED CC: 6-16-03
REVISED CC: 10-3-11, 9-3-13, 6-16-25
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: 2117
ABOLISHED:
32 of 1111

DEPUTY DIRECTOR OF PUBLIC WORKS

Responsible for directing and managing all programs within one of the two following technical areas:
• Environmental Services Division including wastewater treatment plant operations and maintenance; sanitary sewer and stormwater conveyance and pump system maintenance; field maintenance for streets and traffic control devices and equipment; and regulatory compliance, including laboratory services, environmental compliance inspections, air quality regulatory compliance and solid waste and recycling.
• Engineering and Facilities Services Division including capital improvement program development and implementation, traffic engineering, private development review, asset management, construction management, fleet coordination, downtown coordination and building maintenance. Serve as City Engineer.

Responsibilities also include coordinating assigned activities with other City departments, divisions, and outside agencies.

SUPERVISION EXERCISED AND RECEIVED
Receives general direction from the Director of Public Works.

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

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

Select, train, motivate and evaluate personnel; provide or coordinate staff training; work with employees to correct deficiencies, implement discipline procedures. 33 of 1111
City of San Mateo
Deputy Director of Public Works

Page 2 ends

Provide responsible staff assistance to the Director of Public Works; prepare and present staff reports and other necessary correspondence.

Respond to and resolve difficult and sensitive inquiries and complaints.

Prepare a variety of budgets, reports, correspondence, and special studies.

EXAMPLES OF DUTIES – ENVIRONMENTAL SERVICES DIVISION
Assume management responsibility for Environmental Services Division programs, services and activities.

Manage the development and implementation of goals, objectives, policies, projects and priorities for assigned regulatory and environmental services and programs including wastewater treatment, conveyance system and pump maintenance, storm drains, regulatory compliance, laboratory management, solid waste and recycling, and streets and traffic equipment and device maintenance; recommend, within Departmental policy, appropriate service and staffing levels; recommend and administer policies and procedures.

Manage and participate in the development and administration of the Environmental Services Division annual operarting budget and capital improvement budgets; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; direct the monitoring of and approve expenditures; direct and implement adjustments as necessary.

Serve as a liaison for the Environmental Services Division with other City departments, divisions, and outside agencies; negotiate and resolve significant and controversial issues.

Serve as the subject matter expert representing the City in all claims, lawsuits and disputes related to wastewater conveyance, treatment, or discharge.

Conduct a variety of organizational studies, investigations, and operational studies; recommend modifications to Environmental Services Division programs, policies, and procedures.

Attend and participate in meetings and conferences with City boards and commissions, council, City administrators, public officials, professional organizations, contractors, 34 of 1111
City of San Mateo
Deputy Director of Public Works

Page 3 ends

County, Regional and State regulatory agencies regarding matters relating to areas of assigned responsibilities.

EXAMPLES OF DUTIES – ENGINEERING AND FACILITIES SERVICES

DIVISION
Serve as the City Engineer and assume management responsibility for Engineering and Facilities Services Division programs, services, and activities.

Manage and review all public works engineering activities including engineering design, traffic engineering, construction inspection and survey, contract administration and asset management. Manage and review all facilities services activities, including project management, fleet coordination, downtown coordination and building maintenance.

Manage and participate in the development and administration of the division's capital and operating budgets; dDirect the forecast of additional funds needed for construction, staffing, equipment, materials, and supplies; monitor and approve expenditures; implement mid-year adjustments.

Evaluate, direct and monitor engineering, technical and facilities services operations.

Provide the point of contact for all claims processed by the City Attorney’s office and represent the City in depositions and court proceedings.

Manage and participate in the preparation and administration of the capital improvement plan and budget relating to design, construction, traffic, and water quality engineering projects.

Serve as a liaison for the Engineering and Facilities Services Division with other divisions, City departments, and outside agencies; negotiate and resolve significant and controversial issues.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
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City of San Mateo
Deputy Director of Public Works

Page 4 ends

Knowledge of:

Operational characteristics, services and activities of environmental services, wastewater treatment, conveyance systems and maintenance, regulatory compliance and streets and traffic maintenance.

OR
Operational characteristics, services and activities of engineering, private development review, capital projects design and management, fleet coordination, project management and building maintenance.

Modern and complex principles and practices of program development and administration.

Geographic Information Systems (GIS), Computerized Maintenance Management Systems (CMMS) and Asset Management.

Advanced principles and practices of budget preparation and administration.

Principles of supervision, training and performance evaluation.

Principles and practices of project management.

Pertinent Federal, State, and local laws, codes and regulations.

Safe driving principles and practices.

Ability to:

Provide administrative and professional leadership and direction for the assigned Division.

Recommend and implement goals, objectives and practices for the assigned division’s programs and services.

Manage, direct and coordinate the work of management, supervisory, professional, technical and administrative support personnel.

Select, supervise, train, and evaluate staff.

Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of assigned division’s goals and objectives.
36 of 1111
City of San Mateo
Deputy Director of Public Works

Page 5 ends

Research, analyze, and evaluate new public works service delivery methods, procedures, and techniques.

Prepare and administer budgets.

Prepare clear and concise administrative reports.

Interpret and apply the policies, procedures, laws, codes and regulations pertaining to the assigned division’s programs and functions.

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.

Minimum Qualifications:

Experience:

Eight years of responsible public works experience including four years of management and supervisory experience.

Training:

Equivalent to a Bachelor's degree from an accredited college or university with major course work in engineering, environmental services or a related field. A Master’s degree is desirable.

License or Certificate:

Possession of, or ability to obtain, a valid California driver's license.

License to practice as a Professional Civil Engineer within the State of California is required (Engineering and Facilities Services Division).

Possession of a Grade V Wastewater Treatment Plant Operator Certificate issued by the State of California is desirable (Environmental Services Division).

Possession of license to practice Traffic Engineering within the State of California is desirable (Engineering and Facilities Services Division). 37 of 1111
City of San Mateo
Deputy Director of Public Works

Page 6 ends

Special Requirements:
38 of 1111
City of San Mateo
Deputy Director of Public Works

Page 6 ends

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: 6-16-03
REVISED CC: 10-3-11, 9-3-13
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: 2117
ABOLISHED:
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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: 14-1311 File ID: 25-10010 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: June 16, 2025
SUBJECT:
2nd and El Camino Public Garage — Licensing Agreement
RECOMMENDATION:

Approve a licensing agreement, substantially in the form presented, between the City of San Mateo and Sutter Bay Hospital (dba Mills-Peninsula Medical Center) to permit use of 60 City-owned parking spaces on the 5th floor of the 2nd Avenue and El Camino Real public garage for hospital staff parking.

BACKGROUND:

Sutter Bay Hospital, doing business as Mills-Peninsula Medical Center (MPMC), located at 100 South San Mateo Drive, has formally requested the exclusive use of 60 City-owned parking spaces on the fifth floor of the 2nd Avenue and El Camino Real City-owned garage.

Mills-Peninsula Medical Center request is rooted to in their desire to improving safe and convenient access to parking for their employees as the facility has undergone expansion. Services at the 100 South San Mateo campus grew by 12 percent in 2024 and are on pace for an additional 7 percent increase in 2025. By the end of 2025, an additional 10 physicians will be providing services at the 50 South San Mateo building, with plans to add 7-9 more physicians in 2026 and 2027. These providers will offer much-needed services to the City and region, including expanded access to primary care, family medicine, oncology, cardiac care, and more.

As one the largest private employers in Downtown San Mateo, MPMC’s expansion is expected to create new job opportunities and contribute to patronage of local businesses and restaurants adjacent to the campus. To support this anticipated growth, MPMC seeks to use its on-site parking garage for patient use and requests that the City allow hospital staff and affiliates to utilize dedicated spaces at the 2nd Avenue Garage.

While the lower floors of the 2nd and El Camino public garage generally utilized have a high degree of permit holders and spaces are well utilized during peak hours, the parking spaces on the fifth floor are consistently underused. Allocating these spaces for the hospital’s exclusive use is not expected to significantly impact public parking availability at this garage and frees up spaces at other nearby public garages from current and future hospital staff. If Council grants this request, the dedicated parking spaces will increase the hospital’s operational efficiency while maintaining adequate public parking access at this and other public garages. Furthermore, consolidating hospital employee parking on the top floor reduces vehicle circulation and congestion in the Downtown area by providing close guaranteed parking stalls, and improves overall traffic flow in the area.

Based on the above, staff recommends the City enter into a licensing agreement with MPMC. Key terms of the agreement include:
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CITY OF SAN MATEO
• Term: 12 months, commencing on July 1, 2025
• Renewal Option: 4 additional one-year renewals
• Termination: Can be terminated by either party with 60 days’ notice • License Fee: $150 per month, per space for 60 spaces; will increase annually by the Consumer Price Index • Use: Hospital staff, tenants, and authorized personnel only BUDGET IMPACT:

The City will receive $108,000 annually in parking fees, which will support the maintenance, security, and upkeep of the Downtown public garages.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Licensing Agreement

STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009
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1 LICENSE AGREEMENT BETWEEN THE CITY OF SAN MATEO AND SUTTER BAY HOSPITALS, DBA MILLS-PENINSULA MEDICAL CENTER, FOR THE USE OF CITYOWNED PARKING SPACES This License Agreement ("Agreement") is dated for reference purposes only this ____ day of June, 2025, by and between CITY OF SAN MATEO, a California charter city (herein termed "City"), and SUTTER BAY HOSPITALS, a California nonprofit public benefit corporation, dba Mills-Peninsula Medical Center (herein termed "Licensee").

RECITALS:

A. Licensee desires to utilize sixty (60) parking spaces (individually, "Parking Space " and collectively, "Parking Spaces") at the 2nd and El Camino Parking Garage (the "Garage") owned by the City.

B. City has the authority to regulate the terms and conditions for the use of public property, including the Garage.

C. Licensee is a nonprofit public benefit corporation providing healthcare services and otherwise doing business within City's jurisdiction and desires to provide its Tenants and employees with parking in support of Licensee’s business operations.

NOW, THEREFORE, in consideration of the recitals and the other consideration and mutual promises contained herein, the receipt and adequacy of which are hereby acknowledged, City and Licensee hereby agree as follows:

Section 1 - SCOPE OF AGREEMENT
This Agreement authorizes the licensing of sixty (60) Parking Spaces for the exclusive use of Licensee as described in Exhibit A, attached hereto and incorporated herein by reference. The precise location of the Parking Spaces shall be determined by the City in consultation with Licensee. Parking Spaces shall be available for twenty-four (24) hours of dedicated vehicle parking.

Section 2 - TERM OF AGREEMENT
A. This Agreement shall be binding on City and Licensee on the date of its approval by the City Council of the City of San Mateo ("Effective Date") and shall be for an initial term of one (1) year from the Effective Date ("Term") with four (4) additional one-year (1-year) options for renewal. Provided that Licensee is not in default under this License, the Term will renew automatically for one-year (1-year) periods of time, up to a total of five years including the initial one-year term. Notwithstanding any contrary provision herein, either party shall have the right to terminate this agreement, in each party’s respective sole and absolute discretion, upon sixty (60) days’ prior written notice.

B. Failure on the part of either party to perform any material obligation imposed upon it shall constitute a default and a material breach of this Agreement. In such event, the City shall be entitled to exercise all rights and remedies hereby reserved under this Agreement or made available under applicable Laws. For the purposes of this Agreement, a "material obligation" shall include, without limitation, any failure of either 42 of 1111
2 party to give any required notice to the other and the failure to perform either party’s respective obligations hereunder.

C. Evaluation of parking needs by City and Licensee shall occur every six (6) months to understand if the arrangement captured by this Agreement is mutually beneficial and whether modifications to this Agreement are necessary.

Section 3 - LICENSE FEE
Licensee agrees to pay City a licensing fee of One Hundred Fifty Dollars ($150) per Parking Space for sixty (60) Parking Spaces, for a total monthly amount of Nine Thousand Dollars ($9,000) (the "License Fee”) during the initial one-year (1-year) Term of this Agreement.

The License Fee shall increase annually on the anniversary date of this Agreement based on the change in the Consumer Price Index, as determined by the City.

Section 4 - LIMITATIONS AND RESTRICTIONS
A. City hereby agrees to permit Licensee, subject to reservations, covenants, and conditions herein contained, to provide its Tenants and employees with parking in support of Licensee’s business operations at designated Parking Spaces. Licensee may install appropriate signage and striping designating the licensed Parking Spaces, subject to City approval including any required permit or other permission.

B. This Agreement is not a grant by City of any property interest but is made subject and subordinate to the prior and continuing right of City and its assigns to lawfully use any or all of the City-owned facilities in the performance of its duties. No use of any property under this Agreement shall create or vest in Licensee or its successors any ownership interest in the property or other interest of City. Nothing in this Agreement shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in Licensee, including any fee or leasehold interest in land, easement, or any franchise rights.

C. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances, and claims of title which may affect the designated Parking Spaces, and it is understood that Licensee, at its own cost and expense, shall obtain such permission as may be necessary, consistent with any other existing rights. Any work performed pursuant to the rights granted to Licensee under this Agreement shall be subject to the prior review and approval of City.

D. The installation, operation, maintenance, and removal of any physical improvements to support Licensee’s dedicated Parking Spaces —including but not limited to addressing graffiti, general abatement of abandoned property, and upkeep of the area—shall be accomplished without cost or expense to the City, and in a manner that does not endanger persons or property or unreasonably obstruct travel on any road, walkway, or other access on City property. Notwithstanding anything to the contrary in this Agreement, Licensee is prohibited from taking any enforcement action with respect to vehicles parked in the Parking Spaces without authorization (“Unauthorized Vehicles”), including the issuance of citations, invoices, fines or imposing any monetary penalty, and further including the towing or removal of such vehicles. Licensee may only issue 43 of 1111
3 warnings regarding Unauthorized Vehicles in a format subject to prior written approval from the City.

Section 5 - TEMPORARY PROHIBITED ACCESS
City shall have the right to temporarily prohibit all automobiles from being parked in one or more of the Parking Spaces, as the need arises, provided, however, prior to any such prohibition on access to the Parking Spaces taking effect, except in cases of a public emergency, City shall deliver to Licensee thirty (30) days’ written notice setting forth the reason for the prohibition on parking and the date and times such prohibition shall remain in effect. If Licenses is prohibited from accessing any Parking Spaces for a period that exceeds five (5) consecutive days, Licenses shall have a right to proportionately abate the License Fee for all days for which it has been deprived access to the applicable Parking Spaces. The parties recognize that occasional repairs are required, that licensed spaces may be closed due to flooding, debris, or other impediments, and that public property is occasionally occupied for the purposes of conducting repairs, parades, festivals, and other events, whether such event is conducted by City or any person not a party to this Agreement. In the event Parking Spaces are removed from service by City, City will work with the Licensee to identify nearby alternative locations for the duration of time that the Parking Spaces are unavailable. The duration of time allowed for a temporary closing or relocation shall be an amount of time that is reasonable for such purpose.

Section 6- COMPLIANCE WITH STANDARDS
A. Licensee agrees to keep the Garage, including the Parking Spaces, in good and safe condition and free from any nuisance to the reasonable satisfaction of the City Manager or their designee.

B. Licensee shall install signage and striping at designated Parking Spaces and otherwise use the Garage, including the Parking Spaces, in a manner that does not violate any local, state, federal, and other regulatory agency laws, ordinances, rules, or regulations.

Licensee shall comply with all applicable Laws in its performance under this Agreement.

Section 7 - NO FRANCHISE RIGHTS CREATED
Nothing in this Agreement shall be construed as granting or creating any franchise rights.

Section 8 - REMOVAL AND RELOCATION
If any Parking Spaces are not used by Licensee for at least thirty (30) consecutive days without payment of the License Fee, City shall have the right to terminate this Agreement by written notice only as it relates to the Parking Spaces that are abandoned by Licensee, unless Licensee recommences using such Parking Spaces within ten (10) days of receiving written notice from the City.

If this Agreement is terminated as to any of the Parking Spaces, Licensee shall either promptly vacate or remove any improvements installed by Licensee, such as signage and striping, at its own expense or, at City's discretion, Licensee may be allowed to abandon some or all of the improvements in place. If Licensee is permitted by City to abandon its improvements 44 of 1111
4 in place, any such abandoned improvements shall be deemed conveyed to City and Licensee shall have no further obligation to remove, relocate, or maintain said improvements.

Section 9 –PERMITS AND FEES
Licensee shall apply for any required permits for the installation of any signage, striping, and parking garage security gate(s) within the Garage to identify the Parking Spaces as being exclusively reserved for Licensee. Licensee shall furnish detailed plans of any such signage work and the installation of any security gate(s) within the Garage and other such information as required by the Director of Public Works and shall pay or deposit within City all applicable costs such as processing fees, field marking, plan review, engineering and inspection fees related to the proposed signage and striping work and security gate(s). Any improvements shall be constructed and installed in accordance with City’s Municipal Code, permit general conditions, and as further provided in this Agreement.

Section 10 -DAMAGE TO PUBLIC FACILITIES AND VEHICLES
If any City property is damaged by Licensee or its invitees in connection with Licensee's activities pursuant to this Agreement, Licensee shall notify the City within twenty-four (24) hours of the damages and, upon City's request, promptly repair (or arrange for the repair of) such damage at Licensee's sole cost and expense and to the satisfaction of City, provided, however, that such damage did not arise, in whole or in part, as a result of City’s or any of City’s employees’, affiliates’, contractors’, or agents’ gross negligence or willful misconduct.

Section 11 - HOLD HARMLESS AND INDEMNIFICATION
Licensee, for itself, and jointly and severally, for its agents, contractors, and employees, hereby agrees to hold harmless, defend (with counsel selected by Licensee and reasonably satisfactory to City) and indemnify City, its elected and appointed officials, employees, and agents (all of the above hereinafter collectively known as "Indemnitees"), from and against all claims, cause of actions, proceedings, losses, damages, liability, cost, and expense (including, without limit, any fines, penalties, judgments, litigation costs, attorneys’ fees, and consulting, engineering, and construction costs) for actual loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party) ("Liability") when caused by, arising out of or related to the activities or the licensing of the Parking Spaces described in this Agreement. The duty of Licensee to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the parties that Licensee will indemnify and hold harmless indemnitees from any and all claims, suits, or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of City, Licensee or any subcontractor or employee of any of these, except to the extent the Liability was the result of the gross negligence or willful misconduct or criminal acts of any of the Indemnities. The obligations of Licensee under this Section 11 shall survive termination of this Agreement.

Section 12 - INSURANCE
Any person, firm, or corporation Licensee authorizes to work upon the City's property, including any subcontractor, shall be deemed to be Licensee's agent and shall be subject to all the applicable terms of this Agreement. Prior to entry upon or occupation of City's property by such agents, Licensee shall provide City with satisfactory evidence in the form of certificates of insurance that it and its contractors or other agents who will obtain access to the Garage 45 of 1111
5 pursuant to this Agreement are insured in accordance with the following, which insurance shall remain in effect throughout the term of this Agreement and shall be at the sole cost and expense of Licensee (or its agents).

Prior to the start of the work, if any, or entry onto the Garage, Licensee agrees to procure and maintain, and to require its contractor(s) to procure and maintain, at its (or its contractors') sole cost and expense (and to provide to City's reasonable satisfaction that it remains in effect throughout the Agreement) the kinds of insurance described below:

A. Workers' Compensation and Employers' Liability Insurance.

Licensee shall secure the payment of workers' compensation in accordance with the provisions of Section 3700 of the California Labor Code (and any amendments thereto or successor acts or statutes) with Statutory Limits and Licensee shall furnish City with a certificate evidencing such coverage.

The Licensee shall also maintain Employer's Liability coverage with minimum limits of One Million Dollars ($1,000,000).

Licensee shall furnish City with its certificate(s) of insurance required hereunder prior to the commencement of work. Licensee shall endeavor that its policy will not be cancelled or have coverage reduced without thirty (30) days’ prior written notice.

B. Commercial General Liability Insurance.

Licensee shall, at its own cost and expense, also procure and maintain Commercial General Liability Insurance.

Insurance shall provide bodily injury and property damage coverage with a limit of at least Two Million Dollars ($2,000,000) each occurrence and a general aggregate limit of at least Four Million Dollars ($4,000,000). This insurance shall include but not be limited to premises and operations; contractual liability covering the indemnity provisions contained in this Agreement; personal injury; collapse, and underground coverage, products and completed operations, and broad form property damage.

Prior to commencing work or entering onto the Garage, Licensee shall file its certificate(s) of insurance and endorsement (if any) with the City Manager evidencing coverage.

Said certificate(s) of insurance shall stipulate:
(1) Licensee shall, where commercially reasonable, require the insurance company(ies) issuing such policy(ies) to give written notice to the City Manager of any material alteration, or reduction in aggregate limits, if such limits apply; and provide at least thirty (30) days' notice of cancellation.
(2) That the policy(ies) is(are) primary insurance and the insurer(s) providing such policy(ies) shall be liable thereunder for the full amount of any loss or claim which Licensee is liable for under this Section, up to and including the total limit of liability, without right of contribution from any other insurance effected or which may be effected by City.
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6 (3) 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 Licensee. The policy(ies) shall also stipulate: Inclusion of the City as an additional insured shall not in any way affect its rights either as respects any claim, demand, suit or judgment made, brought or recovered against Licensee. Said policy(ies) shall protect Licensee and the City in the same manner as though a separate policy had been issued to each, but nothing in said policy(ies) shall operate to increase the insurance company's liability as set forth in its policy(ies) beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured.

C. Automobile Insurance. Licensee shall, at its own cost and expense (or at its contractor’s sole cost and expense), procure and maintain automobile liability insurance providing bodily injury and property damage with a combined single limit of at least One Million Dollars ($1,000,000) per occurrence for any auto, or if the Licensee has not owned auto, hired and non-owned autos. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment owned or hired by Licensee to the extent coverage may be excluded from general liability insurance.

D. Property Insurance. Licensee shall, at its own cost and expense, procure, and maintain property insurance to protect its interest in the property to be used in performance of this Agreement and the City's interest in materials or property affected by the installation, covering all risks of physical loss or damage to such equipment and property. The coverage under such policy shall have limits of liability adequate to protect the value of the equipment and property to be installed, which shall be reasonably determined by Licensee.

E. Other Insurance Requirements.
(1) Term. The General Liability, Workers’ Compensation and automobile insurance required under this Section 12 shall remain in force until all work to be performed, if any, is satisfactorily completed, all of Licensee's personnel and equipment have been removed from City property, and the work has been formally accepted. The property insurance shall remain in force for the term of this Agreement. The failure to procure or maintain required insurance and/or an adequately funded self-insurance program will constitute a material breach of this Agreement.

All policies will be issued by insurers acceptable to the City, except as other stated herein. Upon evidence of financial capacity satisfactory to City, Licensee's obligation hereunder may be satisfied in whole or in part by adequately funded selfinsurance. (2) Insurance Companies: Insurance companies must be admitted in California, be in good standing with the California Department of Insurance and have an A.M. Best's rating of at least A:Vll (or equivalent), except to the extent Licensee satisfies its insurance obligations herein through its Captive Insurer (as hereinafter defined) or through another vehicle of self-insurance.
(3). Self-Insured Retention and Deductible Proof of insurance: Prior to the commencement of work, if any, under this Agreement, Licensee shall disclose any self47 of 1111 7 insured retention, and any deductibles must be stated on certificates of insurance, and the certificate of insurance and endorsement must be sent to and approved by City. (4) Waiver of Subrogation: Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

F. Notwithstanding any contrary provision herein, so long as Licensee hereunder is the original Licensee or an Affiliate (as hereinafter defined), Licensee (or an Affiliate) may cause the insurance required to be carried herein to be issued by a duly licensed captive insurance company owned by or under common ownership or control with the Licensee or an Affiliate (the “Captive Insurer”), if and so long as: (i) the Captive Insurer complies with applicable regulatory requirements of, and is in good standing with, the state in which it is domiciled and is able to provide insurance coverage for Licensee in the state in which the Premises is located; (ii) Licensee’s tangible net worth equals or exceeds One Hundred Million Dollars ($100,000,000); and (iii) the Captive Insurer ensures the availability of funds to cover all losses required to be insured against by Licensee hereunder.

If the Captive Insurer fails to comply with applicable regulatory requirements of and maintain such good standing with the state in which it is domiciled or is unable to provide insurance coverage for Licensee in the state in which the Premises is located, if Licensee fails to maintain the tangible net worth set forth above or if any of the above requirements for Licensee to utilize the Captive Insurer are not satisfied, Licensee shall immediately procure the insurance coverages required in this section in a manner otherwise permissible herein until such requirements are satisfied.

With respect to (and only to the extent of) any insurance issued by the Captive Insurer, the insured Licensee shall not be required to name any person or entity (including, without limitation, City or City’s lender(s)) as an additional insured or loss payee as long as the Captive Insurer provides a certificate of insurance evidencing the insured Licensee’s coverage in accordance with the requirements of this section and that: (A) includes wording that the Captive Insurer will respond to the indemnification and holdharmless provisions of this Lease, and defend City, subject to the insurance policy terms, limitations, and exclusions; and (B) provides the same insurance protection that would be provided to City if the insurance was provided by a third party insurer with coverage satisfying all of the requirements of this Lease (except the additional insured or loss payee requirement and any rating requirement). The Captive Insurer shall provide coverage on an occurrence basis.

Section 13 -DEFAULT; ENFORCEMENT OF AGREEMENT
Any breach by Licensee of its obligations hereunder shall be grounds for City to terminate this Agreement without liability upon the delivery of five (5) days’ written notice.

Licensee further agrees that upon the delivery of five (5) days’ written notice, it shall, upon City's request, promptly cease operations in and remove all vehicles from the Parking Spaces. Any breach by City of its obligations hereunder shall be grounds for Licensee to terminate this 48 of 1111
8 Agreement without liability upon the delivery of five (5) days’ written notice. The parties respectively acknowledge and agree that no remedy conferred upon or reserved to either party is intended to be exclusive of any other available remedies, and each respective party shall be entitled to full and adequate other relief both at law and in equity to enforce the other respective party’s obligations.

Section 14 - ASSIGNMENT
This Agreement shall not be assignable by Licensee without the explicit written approval of City, which approval shall not be unreasonably withheld, provided, however, that Licensee may assign the rights granted herein to a parent, successor, subsidiary, joint venture, or affiliate of Licensee now or hereinafter existing ("Affiliate"), by only providing notice to City of such assignment as set forth below. However, this Agreement shall be binding on successors and assigns and shall be disclosed to assignee. Assignee shall unconditionally acknowledge and agree to be bound by this Agreement in writing to the City within thirty (30) days of assignment or it terminates without further action. If Licensee assigns this agreement to any Affiliate, Licensee shall provide City with written notice of such assignment within ten (10) business days of such assignment.

Section 15 - ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties.

Section 16 - SEVERABILITY
If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the parties shall negotiate in good faith to replace any such covenant, agreement, or portion found to be null and void.

Section 17 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet and confer within thirty (30) days of a written request by either party to resolve any dispute hereunder. The parties shall mediate the dispute amongst themselves in good faith, and if any dispute is not mutually resolved within sixty (60) days of the parties’ initial meet and confer conference, as such period may be mutually extended, both parties shall have the right to pursue all remedies afforded to them at law and in equity to resolve the dispute. Each party shall bear its own costs of mediating any dispute in accordance with this Section 17. The cost of mediation shall be borne equally by the parties.

Section 18 - GOVERNING LAW AND VENUE
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9 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.

Section 19- INDEPENDENT PARTY
Licensee shall at all times be considered an independent party hereunder, and neither Licensee nor its employees, agents, or representatives shall, under any circumstances, be considered employees of City, a partner with City, or an agent of City; and City shall not be legally responsible for negligence or other wrongdoing, either intentional or unintentional, by Licensee or Licensee's employees, agents or representatives.

This Agreement is not intended, and shall not be construed, to create any association, joint venture, agency relationship, or partnership between the parties or to impose any such obligation or liability upon either party. Neither party shall have any right, power, or authority to enter into any agreement or undertaking for, or act as or be an agent or representative of, or otherwise bind, the other party.

Section 20 - THIRD-PARTY MODIFICATIONS
This Agreement shall be subject to such changes or modifications as may be required or authorized by any regulatory body or commission, except the City’s City Council or commissions, in the exercise of its lawful jurisdiction and any modification, revision, renewal, or extension of this Agreement shall so state.

Section 21 -TERMINATION
This Agreement may be terminated by either party, at any time, upon the delivery of thirty (30) days’ prior written notice to the other party.

Section 22 - NOTICE
All notices and payments given or which may be given pursuant to this Agreement shall be in writing and transmitted by United States Postal Service, or by private delivery systems, or by private delivery systems as follows:

To CITY: Alex Khojikian
City Manager
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
With a copy to:

City Attorney
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
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10 To LICENSEE: If sent by USPS:

Sutter Health Facility & Property Services
Attn: Director, Real Estate
PO Box 817
Roseville, CA 95661
If personal delivery and all overnight
couriers such as UPS and FedEx (nonpayment):

Sutter Health Facility & Property Services
Attn: Director, Real Estate
2300 River Plaza Drive
Sacramento, CA 95833
All with a copy to:

Email:

[email protected]

Section 23 - CONFLICTS
In the event of any conflict between the terms of this Agreement and Exhibit A, the terms of this Agreement shall govern.

Section 24 - DEFINITIONS
"Business Day" means any calendar day, except a Saturday, Sunday, and any Day observed as a legal holiday by City. For the purposes hereof, if the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as an official holiday by City, the time for performance shall be extended to the following Business Day. “Day'' means any calendar day, unless a Business Day is specified. For the purposes hereof, the time in which an act is to be performed shall be computed by excluding the first Day and including the last.
"Law" or "Laws" means any judicial decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, administrative order, certificate, order or other requirement of any municipal, county, state, federal or other Agency having joint or several jurisdiction over the parties to this Agreement, in effect either at the time of execution of this Agreement or at any time during the location of the Garage in the Public Right-of-Way, including, without limitation, any regulation or order of an official entity or body.
“Tenant” or “Tenants” means individuals or entities that occupy commercial space at Licensee’s facilities in the City of San Mateo and may include the Sutter Bay Medical Foundation and physicians. Licensee shall provide a list of its Tenants to the City from time to time upon request.
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11 [SIGNATURE PAGE FOLLOWS]:
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12 IN WITNESS WHEREOF, CITY OF SAN MATEO and SUTTER BAY HOSPITALS have executed this Agreement the day and year first above written.

CITY OF SAN MATEO LICENSEE: SUTTER BAY
HOSPITALS, a California
nonprofit public benefit
corporation, dba Mills-Peninsula
Medical Center
Alex Khojikian
City Manager
Date Darian Harris
Chief Executive Officer
Mills-Peninsula Medical Center
Date

APPROVED AS TO FORM
Prasanna W. Rasiah
City Attorney
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13 EXHIBIT A

SCOPE OF ACTIVITIES

1. Location, Number of Parking Spaces. City will make available to Licensee the following number of parking spaces on the 5th floor of the Garage.

Number of Parking Spaces Facility Name and Address
60 Second and El Camino Garage
8 2nd Avenue, San Mateo, CA 94401

2. Signage and Striping. Upon obtaining any approvals necessary in accordance with City’s sign ordinance, Licensee shall have the right to place “Hospital” or other trade name signage used by Licensee or any Affiliate. At a minimum, City agrees that Licensee may mark off reserved parking spaces assigned to Licensee by mutually agreed upon signage for the Parking Spaces. Each reserved Parking Space may require 54 of 1111
14 a single post to be installed for the purpose of mounting the parking signs. Licensee may also stencil reserved “hospital” spaces with stenciling. Licensee shall also place signage stating, “Park at your own risk.”

3. Parking Space Availability and Use. The location of the Parking Spaces assigned to the Licensee shall be mutually agreed upon by the parties. The Parking Spaces made available to the Licensee will be used by Licensee for the purpose of providing parking for the Tenants and employees of Licensee. Licensee, its Tenants, and its employees shall have right to use the Parking Spaces, including without limitation the right to park and operate the spaces. City shall provide Licensee, its Tenants, its employees, and its third-party personnel with 24x7x365 unrestricted access to the parking spaces and shall otherwise provide the amenities it affords to other parking users.

4. Licensee shall have the right to install and operate, at its sole cost and expense, certain automated security gates within the Garage at any entrance or exit of the Garage with approval City and review of plan.

5. All work done at the Garage would require prevailing wage including contractors.

6. Licensee shall be responsible for any possessory interest tax from the County.

7. Capitalized terms not otherwise defined herein this exhibit shall have the same meaning as set for in the Agreement to which this exhibit is attached. 55 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 25-10035 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: June 16, 2025
SUBJECT:

Fiscal Year 2025-26 General Liability and Property Insurance — Purchase Authorization RECOMMENDATION:

Authorize a staff committee comprised of the City Manager, the Finance Director, and the City Attorney to select the most cost-effective program to insure the City's general liability, property risks, and Library; and authorize the City Attorney to execute all required documents to purchase the selected insurance for fiscal year 2025-26.

BACKGROUND:

For the past five years, the City Council has authorized a staff committee comprised of the City Manager, the Finance Director, and the City Attorney to select the most cost-effective program to insure the City’s general liability and property risks and authorized the City Attorney to execute all required documents to purchase the selected insurance. The request for Council to authorize a committee in fiscal year 2020-21 was to allow the City to enroll in an organization called Public Risk Innovations, Solutions, and Management (PRISM), formerly known as the California State Association of Counties (CSAC) Excess Insurance Authority. PRISM is a joint powers authority comprised of dozens of government agencies that provides coverage up to $25 million above a $1 million Self-Insured Retention (SIR) per occurrence, and a $1 million Individual Member Corridor Deductible (IMCD) that erodes over the course of the fiscal year in exchange for a premium discount for the excess liability insurance policy.

This remains a challenging insurance market. On the one hand, the property insurance market has improved such that its premium for property insurance will change this year by an estimated -0.4 percent to 4.8 percent, versus the 11.94 percent increase that occurred in 2024. However, the premium increase for excess liability coverage is estimated at 35.8 percent to 46.1 percent, primarily due to the state of the insurance market. As always, the fluid circumstances of property coverage and cyber excess renewal are currently under review by the staff committee.

City of San Mateo 2025-2026 Insurance Budget Estimates
Coverage Expiring
Premium
Renewal
Premium
2025-2026
Budget
Low
Estimate
2025-2026
Budget High
Estimate
% Change
Low
Estimate
% Change
High
Estimate
Library DIC $84,030 $84,030 $89,996 $98,567 7.1% 17.3%
Excess Liability $1,696,283 $2,391,000 $2,303,000 $2,479,000 35.8% 46.1% Property, Boiler &
Machinery,
Environmental &
Cyber (APIP)
$1,147,186 $1,099,777 $1,142,139 $1,202,251 -0.4% 4.8%
Crime Insurance $10,003 $10,629 $10,503 $11,003 5.0% 10.0% 56 of 1111

CITY OF SAN MATEO
Property
(Bridges)
$151,530 $177,745 $177,745 $177,745 17.3% 17.3%
SAM $19,501 $20,964 $20,476 $21,451 5.0% 10.0%
San Mateo-Foster
City Public
Financing
Authority
(Liability)
$23,578 $25,935 $24,756 $27,114 5.0% 15.0%
Total: $3,132,111 $3,810,080 $3,768,615 $4,017,131 20.3% 28.3% In February 2025, the City Attorney’s Office received the fiscal year 2025-26 Insurance Budget Estimates and PRISM Premium Estimates, followed by updated estimates in May 2025. Generally, the estimates are provided as a range rather than an exact number. For the purposes of this staff report, the renewal premiums listed above represent an average of the low and high budget estimates. Except however, the premium for the APIP property renewal is $1,099,777 ($72,428 less than the estimate), the crime insurance premium is $10,629 (marginally less than the estimate) and this year's premium for the Library's DIC insurance coverage was renewed in March 2025 for $84,030. The renewal premium estimates currently total $3,810,080, which is below the budget high estimated total of $4,017,131. Regardless, the staff committee is given broad authority to obtain insurance coverage even if the estimate is somewhat more than the budget high estimate.

The staff committee is recommending that Council authorize the committee to select the most cost-effective solution continuing into fiscal year 2025-26 as circumstances remain challenging and unusual. The City Attorney would then execute all of the documents necessary to obtain that insurance. Included in this evaluation would be liability insurance and property insurance (including insuring the City’s critical bridges), and excess cyber liability, if deemed necessary.

In addition, the Main Library's Difference in Conditions (DIC) including Flood and Earth Movement/Building Ordinance/ICC/Demo coverage is renewed annually in March. This year's premium for the Library's DIC insurance coverage was renewed in March 2025 for $84,030 as noted above. The budget high estimate for this coverage is $98,567, which will be renewed in March 2026.

BUDGET IMPACT:

The City paid approximately $3.11 million for general liability and property insurance (including bridges, cyber, and crime) for fiscal year 2024-25. The renewal premium for 2025-26, including Library DIC is estimated to be $3,810,080. The proposed fiscal year 2025-26 budget assumed $4.1 million for insurance premiums, therefore no modifications to appropriations are required.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020
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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: 10-2031 File ID: 25-10091 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Finance Department
MEETING DATE: June 16, 2025
SUBJECT:

Fiscal Year 2024-25 Year-End Supplemental Budget Adjustments – Approval RECOMMENDATION:

Adopt a Resolution approving year-end supplemental budget adjustments for fiscal year 2024-25.

BACKGROUND:

As part of the City’s annual year-end financial close process, staff reviews all funds and departments to identify any supplemental budget needed. This year-end review identified the following adjustments to ensure budget accuracy and compliance with spending limits:
• Comprehensive General Liability Internal Service Fund (Fund 880) – Add $600,000 for legal costs related to claims and litigation activities.
• Interfund Transfer from the Construction Service Fund to the General Fund – Transfer $278,000 from the Construction Service Fund to reimburse the General Fund for overhead related to staff time spent on development projects.

The City’s budget sets legal spending limits based on the best available information at the time the budget is developed.

However, actual revenues and expenditures can differ due to unforeseen events. Year-end budget adjustments, such as those proposed here, are a standard part of closing out the fiscal year to ensure the budget accounts for unexpected events, reflect actual activity, and remains in compliance with legal requirements.

BUDGET IMPACT:

The proposed budget adjustments include (1) increasing the operating budget of the Comprehensive General Liability Internal Service Fund (Fund 880) by $600,000, and (2) approving infer-fund transfer of $278,000 from the Construction Service Fund to the General Fund.

ENVIRONMENTAL DETERMINATION:

This FY 2024-25 year-end budget adjustment report 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 for FY 2024-25 Year-End Budget Adjustments 58 of 1111

CITY OF SAN MATEO

STAFF CONTACT
Karen Huang, Finance Director
[email protected]
(650) 522-7110
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)
APPROVING YEAR-END BUDGET ADJUSTMENTS FOR FISCAL YEAR 2024-25 WHEREAS, as part of the City’s annual year-end financial close process, staff reviews all funds and departments to identify any necessary budget adjustments to ensure the City remains in compliance with legal spending limits; and
WHEREAS, this year-end review has identified several supplemental budget adjustments required to align budgeted appropriations with actual expenditures and interfund transfers for Fiscal Year 2024-25; and WHEREAS, the proposed adjustments include appropriations and transfers necessary to reflect actual operational needs, address unanticipated expenditures, and ensure budgetary compliance at year-end;

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

1. This City Council action is not subject to CEQA review 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)).

2. The following budget appropriation and interfund transfer for fiscal year 2024-25 are approved:
a) Increase the supplemental appropriation for the Comprehensive General Liability Internal Service Fund by $600,000 to cover legal costs related to claims and litigation activities. b) Approve an interfund transfer of $278,000 from the Construction Service Fund to the General Fund to recover overhead costs for staff time spent on development projects. 60 of 1111

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: 19-6131 File ID: 25-10054 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 16, 2025
SUBJECT:

Poplar Creek Golf Course Well Drilling Project — Contract Approval RECOMMENDATION:

Adopt a Resolution authorizing a transfer of $215,423 from the Golf Course Upgrades FY 18-19 Project (618280) to the Golf Course Well Drilling Project (618278) for a total project budget of $718,794. Award a contract to GeoCon Consultants, Inc. in the amount of $511,000; establish a 15 percent contingency reserve of $76,650 for a total amount not to exceed $587,650; authorize the Director of Parks and Recreation to execute the contract in substantially the form presented and issue change orders up to the contingency amount.

BACKGROUND:

Poplar Creek Golf Course has one operational well to irrigate the majority of the 105-acre golf course. In years past, this irrigation well has been temporarily inoperable due to various issues related to its aging infrastructure. The well casing and the submersible pump have been repaired multiple times over the past several years. The well is 25 years old and is no longer producing the amount of water to maintain operational needs. The well was installed in 1999 and was confirmed to produce 452 gallons per minute (GPM). Currently, the well is only producing 80-100 GPM. Any loss of turf would be expensive to replace and would negatively impact the guest experience on the course. Drilling a second well would be beneficial, as it would ensure a reliable source of water to meet our operational needs effectively. The existing irrigation system pumps the water from these ponds out to the golf course.

The Parks and Recreation Department, with assistance from the Public Works Department, released a request for proposals (RFP) in July 2024 and received three proposals:
• GeoCon Consultants, Inc. - $511,000
• Luhdorff & Scalmanini Consulting Engineers - $729,772 • Arsenal Well Drilling, Inc. - Incomplete Bid
The recommendation is to award GeoCon Consultants, Inc. (GeoCon) the contract to provide consulting services and install the irrigation well. The above quote from GeoCon Consultants, Inc. does not include the installation cost of the above ground infrastructure to move the water from the well into the onsite retention ponds or the well pump electrical connections which are required for this project. These portions of the project are considered general construction, and staff will solicit bids for this work separately.

GeoCon Consultants, Inc. submitted the proposal with the lowest cost and after conducting interviews, staff determined GeoCon provided the best comprehensive package. Staff recommends awarding the well drilling contract to GeoCon Consultants, Inc.
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CITY OF SAN MATEO
BUDGET IMPACT:

The well drilling capital improvement project #618278 has a budget of $503,371. With the transfer of $215,423 from the Golf Course Upgrades 2018-19 project #618280, there will be sufficient funding for this project.

ENVIRONMENTAL DETERMINATION:

This award of contract 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). In accordance with CEQA Guidelines Section 15304, the underlying project of drilling a well is categorically exempt from CEQA because it results in a minor alteration of land. The onsite retention ponds, which serve the irrigation system, will remain the same size during this project. The new irrigation well will not exceed the previously approved water withdrawal from the aquifer. It will only draw the amount of water needed to maintain the levels in the retention ponds.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract

STAFF CONTACT
Kevin Kobayashi, Golf Services Manager
[email protected]
(650) 522-7512
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)
APPROPRIATING $215,423 FROM THE GOLF COURSE UPGRADES 2018-19 PROJECT (#618280) TO THE GOLF COURSE WELL DRILLING PROJECT (#618278) FOR AN AGREEMENT WITH GEOCON CONSULTANTS, INC.

WHEREAS, the Golf Course Irrigation Well Project is designed to provide an additional source of well water to irrigate the 105-acre Poplar Creek Golf Course and provide a back-up source of water in the event that the current well requires repairs; and
WHEREAS, on August 1, 2024, the City received a Professional Service and Construction Fee Proposal from GeoCon Consultants, Inc. for $511,000; and
WHEREAS, City staff desires to establish a 15% contingency in the amount of $76,650, to account for unanticipated increases due to unknown subsurface conditions.; and WHEREAS, the total project budget, including materials and construction support services, is $652,650 and additional funding of $215,423 is required to fully fund the project.

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

1. This budget appropriation 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). In accordance with CEQA Guidelines Section 15304, the underlying project of drilling a well is categorically exempt from CEQA because it results in a minor alteration of land. The onsite retention ponds, which serve the irrigation system, will remain the same size during this project. The new irrigation well will not exceed the previously approved water withdrawal from the aquifer. It will only draw the amount of water needed to maintain the levels in the retention ponds.

2. A transfer of $215,423 from the Golf Course Upgrades FY18-19 Project (618280) to the Golf Course Well Drilling Project (618278) is approved.
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This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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CONTRACT FOR PROFESSIONAL SERVICES AND CONSTRUCTION OF

THE POPLAR CREEK GOLF COURSE IRRIGATION WELL
This Contract is by and between:

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Geocon Consultants, Inc.
6671 Brisa Street
Livermore, CA 94550
Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

1.01 Work
A. Work includes both the design and construction of a new irrigation well and destruction of an existing irrigation well and the provision of 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. It is understood Contractor shall procure a subcontractor(s) for the construction phase of this Project. Contractor shall ensure its subcontractor(s) used to construct the Project comply with the provisions of this Contract.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents, but more specifically in the Contractor’s Proposal attached hereto as Exhibit “A” and incorporated herein by reference. The Project is generally described as follows:

1. POPLAR CREEK GOLF COURSE IRRIGATION WELL PROJECT which includes the design, management, and installation of a test boring well, irrigation well, and removal of an abandoned irrigation well, 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 1700 Coyote Point Dr, 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. 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 64 of 1111
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Page 2 of 33 ends

Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

2. Engineer: City of San Mateo Public Works Director or his authorized representative.

3. 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.

4. 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. Stephanie Piñon, Senior Engineer, City of San Mateo

2.01 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, or Engineer. 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:
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Page 3 of 33 ends

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

D. 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.

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

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

1. This Contract.

2. Request for Proposals.

3. Instructions.

4. Contractor’s Proposal.

5. Performance bond.

6. Payment bond.

7. Addenda.

8. Exhibits to this Contract (enumerated as follows):
a. Exhibit A – Scope of Work/Fee Schedule
b. Exhibit B – Insurance Requirements.
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9. The following which may be delivered or issued on or after the Effective Date of the Contract:
a. Work Change Directives.
b. Change Orders.
c. Field Orders.

ARTICLE 2 - CONTRACT DOCUMENTS

2.01 Intent of Contract Documents
B. 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.

C. 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.

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

E. 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.

2.02 Reporting and Resolving Discrepancies
F. 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 67 of 1111
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conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

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

A. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contractor’s Proposal 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 to the extent specifically incorporated by reference as a Contract Document and applicable to Contractor’s scope of work; or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

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

3. In the event of a conflict that cannot be resolved by interpreting the Contract Documents as a single, integrated document and giving effect to each provision therein, the Contract Document higher in precedence shall control and supersede the Contract Documents lower in precedence in accordance with the following listing arranged from the highest to the lowest in precedence:
a. Change Order.
b. Addenda.
c. Contract.
d. Technical Specifications included as an Exhibit to this Contract. e. Drawings included as an Exhibit to this Contract.
f. Owner Standard Specifications.
g. Owner Standard Drawings.
h. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier to the extent specifically incorporated by reference as a Contract Document.
i. 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).
j. Notice to Bidder.
k. Instruction to Bidder.
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ARTICLE 3 - CONTRACT TIMES

3.01 Contract Times
A. The Work will be substantially completed on or before September 30, 2025 and completed and ready for final payment on or before December 31, 2025, except as otherwise mutually agreed between the parties.

3.02 Delays in Contractor’s Progress Relating to Construction 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.

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

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

ARTICLE 4 - CONTRACT PRICE

4.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, on a time and materials basis, not-to-exceed $511,000.00 without prior written authorization, for all Work.

B. For any additional Work authorized by Owner, Owner shall pay Contractor in accordance with the rates set forth in Contractor’s Schedule of Fees pursuant to Exhibit A.

ARTICLE 5 - BONDS AND INSURANCE

5.01 Bonds
A. Before starting constructed-related Work, Contractor shall furnish a performance bond and a payment bond from surety companies that are duly licensed or authorized to issue bonds 69 of 1111
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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

6.01 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 A.

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence
B. 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.

C. 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.

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

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

6.02 Other Work at the Site
F. 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. 70 of 1111
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7.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

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

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

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

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

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

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

B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and RPR, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, 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 71 of 1111
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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 in the construction of the Work. 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 for construction related work.

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

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.

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 for construction related work. In accordance with Labor Code Section 1771.4, the contractor 72 of 1111
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must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

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

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

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

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

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

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

D. To the extent applicable to Contractor’s scope of work, 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 Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.10 Shop Drawings, Samples, and Other Submittals
A. Contractor shall review and coordinate the shop drawing and samples with the requirements of the Work and the Contract Documents and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information.
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B. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

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

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

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

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

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

H. Shop drawings are not Contract Documents.

7.10 Representations
A. Contractor represents to Owner that all Work will be in accordance with the Contract Documents.

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

7.12 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.

B. For Work relating to design professional services, Contractor agrees to hold harmless and indemnify Owner, RPR, its elected and appointed officials, employees, and agents from and against loss, liability, damage, and expense caused by Contractor’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to reimburse the defense expenses of Owner, RPR, and its employees against any such claims. Contractor’s duty to indemnify shall 74 of 1111
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survive expiration or early termination of this Contract. In no event shall the cost to defend charged to Contractor exceed Contractor’s proportionate share of fault.

ARTICLE 6 - OWNER’S RESPONSIBILITIES

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

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

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

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

E. The Owner shall be responsible for performing inspections and tests required by applicable codes, unless so delegated to Contractor.

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

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

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

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

ARTICLE 7 - RPR’S STATUS DURING CONSTRUCTION

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

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

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

RPR will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.
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D. RPR has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents.

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

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

ARTICLE 9 - CHANGES IN THE WORK

9.01 Authority to Change the Work
D. 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.

9.02 Change Orders
E. 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.

F. 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 10 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

10.01 Differing Conditions Process
G. 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 76 of 1111
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respect to an emergency) until receipt of a written statement permitting Contractor to do so.

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

1. Review the subsurface or physical condition in question;

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

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

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

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

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

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

ARTICLE 11 - CLAIMS AND DISPUTE RESOLUTION

11.01 Claims Process
H. 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.

I. 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.

J. 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.

K. 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.

11.02 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 77 of 1111
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selected by a blind draw. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reach by the parties but not more than 60 days, unless the maximum time is extended by the parties.

ARTICLE 8 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

8.01 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.

8.02 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 9 - PAYMENTS TO CONTRACTOR

9.01 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.

9.02 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 78 of 1111
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Contractor. Contractor shall provide supporting documentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment.

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

14.02 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 negligent conduct in the performance of the Work, incurred costs, losses, or damages on account of Contractor’s conduct in the performance of the Work.

14.03 Contractor’s Warranty of Title
A. For all Work that is not professional services, Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

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

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

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

14.05 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 79 of 1111
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incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

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

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

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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

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

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

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

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

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

ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION

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

14.02 Owner May Terminate for Cause
C. 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. 80 of 1111
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B. If Contractor defaults in its obligations, then after giving Contractor and any surety ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to:

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

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

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

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

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

15.02 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.

15.03 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 30 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. 81 of 1111
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ARTICLE 10 - CONTRACTOR’S REPRESENTATIONS

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

1. Contractor is responsible for the professional quality, technical accuracy and coordination of all work furnished by Contractor under this Contract. Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its work.

2. Contractor is skilled in the professional calling necessary to perform the work agreed to be done under this Contract and that Owner 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 Owner does not operate as a release of Contractor from said obligation

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

4. 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.

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

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

7. 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.

8. 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.

9. 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.

10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 82 of 1111
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11. 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.

12. Contractor represents 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 Contract.

13. It is expressly agreed that in the performance of the professional services required under this Contract, Contractor shall at all times be considered an independent Contractor as defined in Labor Code Section 3353, under control of the Owner 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 Owner while providing services under this Contractor.

ARTICLE 16 - MISCELLANEOUS

16.01 Cumulative Remedies
B. 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.

16.02 No Waiver
C. 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. 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 Contract or of any applicable law or ordinance.

16.03 Survival of Obligations
D. All representations and 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.

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

16.05 Controlling Law and Venue
F. This Contract is to be governed by the law of the state of California and, in the event of litigation, venue will be in the County of San Mateo.
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17.06 Notices
A. All notices shall be in writing, and delivered in person, or transmitted by certified mail, postage prepaid. Notices required to be given to Owner or Contractor shall be addressed as appears in the signature block at the end of this Contract.

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

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

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

17.10 Warranty
For all Work that is not professional services, 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. 84 of 1111
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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 Parks and Recreation Title:

Address for giving notices: Address for giving notices:
330 West 20th Avenue 6671 Brisa Street
San Mateo, CA 94403 Livermore, CA 94550
License No.: 716050
(where applicable)

APPROVED AS TO FORM
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EXHIBIT A

SCOPE OF SERVICES/FEE SCHEDULE
Proposal No. SA-24-1374-S-EV Rev. 1
August 1, 2024
Revised May 13, 2024

VIA ELECTRONIC MAIL
City of San Mateo Public
Works Department
330 West 20th Avenue
San Mateo, CA 94403
Attention: Stephanie Piñon, PE
Subject: PROPOSAL FOR IRRIGATION WELL DESTRUCTION AND REPLACEMENT

POPLAR CREEK GOLF COURSE

SAN MATEO, CALIFORNIA
Ms. Piñon:

In accordance with your request, we are pleased to provide the City of San Mateo with this revised proposal for destruction of an irrigation well and installation of a replacement irrigation well at the Poplar Creek Golf Course in San Mateo, California. This revised proposal is based on discussions between Geocon and the City of San Mateo on May 10, 2024 and supersedes the scope of services outlined in our original submittal dated February 20, 2024.

PROJECT BACKGROUND
Poplar Creek Golf Course (the site) is a City-owned golf course that is currently irrigated by groundwater sourced from one irrigation well located south of the site. A second well is required to meet the site’s water demand. There is an abandoned well onsite that is required to be destroyed prior to incorporating the second well into the irrigation water system.

The abandoned well is approximately 192 feet deep with an 8–inch diameter stainless steel well casing screened from 87 – 187 feet. The last depth to water measurement was 14.35 feet below top of case. Based on public records, the existing well is approximately 300 feet deep with a 10-inch diameter stainless steel casing screened from 164 to 290 feet.

Water is pumped from the irrigation well into retention ponds and then distributed throughout the site via a sprinkler system. Peak water usage is during the summer months with an estimated peak water usage of 350,000 gallons per day.
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Revised Proposal for Irrigation Well Destruction and Replacement Geocon Proposal No. SA-24-0091-S-EV Rev. 1 - 24 - August 1, 2024 Revised May 13, 2025
Water sourced from the existing on-site well and proposed well will be exclusively used for irrigation.

It will not be used for drinking water or sanitation.

The purpose of our services is to provide hydrogeological consulting services for a new irrigation well, destruction of an abandoned irrigation well, and investigation of the condition of the existing well.

SCOPE OF SERVICES
Task 1 –Project Management, Subcontractor Coordination, and Performance Bond The project manager will submit milestone progress reports including summary of completed activities, proposed activities for milestone, issues affecting project delivery, scope, schedule, or budget, consultants’ actions to mitigate issues, summary of project decisions, updated project schedule, budget status, percent of work complete and cost to complete remaining work, and other important project information. The Project manager and/or the contract manager will attend both virtual and in-person meetings with the City.

Geocon will retain subcontractors for water well drilling and pump installation, downhole geophysical surveys, utility location, and disposal services.

Per the request of the City of San Mateo, Geocon will procure a performance bond to ensure the borehole drilling and subsequent borehole abandonment or well construction is performed in general accordance with San Mateo County Environmental Health Services (SMCEHS) and California Department of Water Resources (DWR) requirements. The performance bond term will be one year and is included in this proposal. Performance bond extensions beyond one year, if desired, will be procured via change order. It is important to note that the performance bond is not intended to cover items beyond Geocon’s control such as well yield, water quality, etc.

Task 2 – Site Investigation
Task 2a – Records Review
We will review records from City of San Mateo, San Mateo County Environmental Health Services (SMCEHS), San Mateo County Office of Sustainability, and California Department of Water Resources (DWR).

Task 2b – Permitting
We will prepare a Water Well Application for the installation of an agricultural well and pay the fee to the SMCEHS.

A hydrogeologic study will be an assessment of the potential for operation of the new well to interfere with the production and functioning of existing wells and the potential for operation of the new well to cause subsidence that would adversely impact or damage nearby infrastructure. They hydrogeologic study will meet the requirements under Executive Orders N-7-22 and N-3-23, issued by Governor Newsom in 2022 and 2023, respectively. As such, the hydrogeologic study will also function as the Licensed Professional Report required under the cited Executive Orders for new well permit applications. Per the applicable provisions of the Executive Orders, the hydrogeologic study must conclude that extraction of groundwater from the new well:
• Is not likely to interfere with the production and functioning of existing nearby wells; and 87 of 1111
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Revised Proposal for Irrigation Well Destruction and Replacement Geocon Proposal No. SA-24-0091-S-EV Rev. 1 - 25 - August 1, 2024 Revised May 13, 2025
• Is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

Task 2c – Site Reconnaissance
Geocon, Guardino Well Drilling (Guardino), and Advanced Geological Services (AGS) will visit the site prior to mobilization. Guardino and Geocon will work with City staff to establish a route for the drill rig and supporting truck and equipment that will minimize impact to the vegetation and ground surface.

Geocon and City staff will agree on the boring location and mark it with a stake. Geocon and Guardino will mark for underground service alert (USA 811) and submit the ticket at least 3 business days prior to drilling.

Task 2d – Utility Survey
AGS will provide subsurface utility mapping services. AGS will survey the area within a 50-foot radius of the proposed pilot hole and within a 50-foot radius of the existing irrigation well. We selected this radius to allow flexibility in case the proposed pilot boring will need to be relocated due to utilities or other underground obstacles.

AGS will utilize the following methods to locate subsurface utilities:
• Radiofrequency (RF) device and Transmitter
• Ground Penetrating Radar (GPR)
• M-Scope
Found utilities or any other subsurface objects will be marked in the field with pin flags. AGS will record their locations using a handheld GPS. AGS will produce an electronic data delivery file with the results of the utility survey. Geocon will generate a plan sheet showing the location of utilities and other subsurface features to be included in the report (Task 4e).

Task 2e – Pilot Hole Drilling
Guardino will advance the pilot hole at the site in accordance with DWR California Well and SMCEHS standards. Guardino will use truck-mounted, mud- rotary drilling equipment and advance the test hole to a maximum target depth of 400 feet with a borehole diameter of 8 inches.

We will observe the test hole drilling, collect and log samples of the drill cuttings, and document the conditions encountered during drilling. Lithological logging will be performed by a California Professional Geologist. We will maintain a daily field log of the test hole drilling and associated activities, record depth to water. We will collect lithologic samples approximately every 10 feet logging and sieve analysis, if needed. We will monitor and record the concentration of total dissolved solids in the circulated drilling mud using a handheld field meter.

Upon completion of the pilot hole, Stewart Well Logging will perform a downhole geophysical survey.

Survey parameters will include long and short normal resistivity, spontaneous potential, and gamma.

The results (the electric log) will be reviewed by a Geocon California Certified Hydrogeologist. Results of the electric log will provide estimated concentration of total dissolved solids in the water bearing zones.
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Based on those results, Guardino and Geocon’s on-site Professional Geologist will submit a preliminary well design to Geocon’s Certified Hydrogeologist for approval. The approved well design, lithological log, and e-log will be submitted to the appropriate stakeholders at City of San Mateo for approval.

Once approved, we will proceed to Task 3.

If a test hole is determined to produce water of insufficient quantity, unsuitable quality, or has other unforeseen problems, it will be abandoned in accordance with SMCEHS permit requirements. The minimum well yield to justify construction of a well is approximately 350 gallons per minute (gpm).

For the purposes of this proposal, we have not included costs for test hole abandonment and will utilize funds from Task 3 to cover the costs of abandonment.

Disposal of discharged water is described in Task 2g.

Task 2f – Sieve Analysis (if needed)
We do not anticipate the need for grain size analysis for filter pack selection. We have included this task if the need arises.

We assume 5 samples will be submitted for grain sized analysis. Geocon will perform grain size analysis to #200 sieve by method American Society for Testing and Materials (ASTM) D6913. Geocon’s accredited laboratory in Rancho Cordova will perform sieve analysis. Samples will be run on a rush turn-around time of 4 days.

Task 2g – Disposal of Soil Cuttings and Drilling Mud
Guardino will utilize a mud shaker to separate the soil cuttings from the drilling mud during drilling.

Guardino will place soil cuttings into a 20 cubic-yard soil bin stationed adjacent to the drilling area. At the completion of drilling, the drilling mud will be placed in dewatering bins.

Samples of the cuttings and drilling fluid will be sampled by the field geologist and submitted to Torrent Laboratory for the following analysis:
• Leaking Underground Fuel Tank 5 metals by EPA 6010B;
• VOCs by EPA 8260B;
• SVOCs by EPA 8270C; and
• Gasoline, diesel, and oil range organics by EPA 8260B.

Samples will be transported to Torrent in a cooler with ice under chain-of-custody procedures. Upon receipt of the laboratory results, we will submit to Intrinsic Transportation, Inc. (Intrinsic) for transport and disposal.

Intrinsic will transport the soil cuttings and drilling mud to Recology Hay Road Landfill in Vacaville. We assume the soil cuttings and drilling mud can be disposed of as non-hazardous waste. 89 of 1111
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Task 3 – Well Construction, Development, and Sampling
Task 3a – Well Construction
Guardino will ream the boring using boring using mud rotary drilling methods, install a well casing, filter pack, and sanitary seal per state water well standards. For this task we assume the following well construction details:
• 20 feet of 20-inch diameter mild steel conductor casing to be cemented in; • 200 feet of 10-inch diameter SDR17 PVC blank well casing; • 200 feet of 10-inch diameter SDR17 PVC screened well casing; • Centralizers at intervals that comply with DWR well standards; • 300 feet of 8x16 filter pack sand;
• 100 feet of 10.3 sack cement for a 2-inch annular seal; and • 4-foot by 4-foot by 6-inch cement well pad.

Final well design will vary and will be based on the outcome of Task 2. However, we do not anticipate a well deeper than 400 feet.

Task 3b – Well Development
Depending on conditions encountered, Guardino will develop the well by using surging, air lifting, brushing, and/or pumping. Guardino will utilize additives such as Mud Knox (a dispersant), clay remover, and chlorine as needed. During development, Geocon will record field parameters including pH, electrical conductivity, total dissolved solids, turbidity, and temperature. Well development will be considered complete when water quality parameters are stable as defined by the EPA. We assume well development will take 20 hours to complete.

When well development is complete, we will collect a water sample and submit it under chainofcustody to Torrent Laboratory to analyze for the following analyses:
• Total dissolved solids by Standard Method (SM) 2540C; • Calcium, chloride, fluoride, potassium, magnesium, sodium, and sulfate by EPA 200/300 series; • Hardness by SM 2340B;
• Total, bicarbonate, carbonate, and hydroxide alkalinity by SM 2320B; • Nitrate as N by EPA 300;
• Specific Conductance by SM 2510B; and
• Total Drinking Water Metals (aluminum, antimony, arsenic, barium, beryllium, boron, cadmium, chromium, copper, iron, lead, manganese, mercury, nickel, selenium, silver, thallium, vanadium, and zinc) by EPA 200/300 series.

Analysis will be completed on a standard turn-around time.

Task 3c – Disposal of Well Development Water
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This task is the same as Task 2g.

Task 4 – Temporary Pump Installation, Yield Testing, and Permanent Pump Installation Task 4a – Temporary Pump Installation and Yield Testing We will prepare and submit SMCEHS Pump Test Permit Application and pay the fee.

Guardino will install a temporary pump rated for 500 gallons per minute (gpm), temporary power, totalizer, sounding tube, and discharge hose or pipe. We will estimate the well’s long-term production rate (yield) by performing a step-drawdown test, a 12-hour constant-rate test, and a 12-hour recovery test. Water level will be collected by a transducer equipped with a data logger.

During testing, Geocon will record field parameters including pH, electrical conductivity, total dissolved solids, turbidity, and temperature. Due to construction of the existing well, we will not monitor water levels in the existing well. However, the existing well must be shut off during the test.

We assume that water generated during yield testing can be discharged on site into a holding pond to use as irrigation water. If not, we will dispose the discharged water as described in Task 2g. However, a change order will be required.

Task 4b – Final Water Quality Test
At the completion of recovery test, we will purge at three well volumes and collect the final water quality sample which will include the following analyses described in Task 3b.

Analysis will be completed on a standard turn-a-round time.

We assume that water generated during purging testing can be discharged on site into a holding pond to use as irrigation water. If not, we will dispose of the discharged water as described in Task 2g.

Task 4c – Permanent Pump Selection
Geocon will calculate specific capacity of the new well and local aquifer characteristics. Calculations will be performed by a California Professional Geologist and reviewed by a Certified Hydrogeologist.

Results and analysis will be submitted to Guardino for pump selection.

Geocon will present pump selection options with a cost estimate for installation to relevant City stakeholders.

For the cost estimate we assume the following pump specifications:
• 6" submersible pump with 460-volt motor rated for 500 gallons per minute; • Pump will set at 360 feet with 4” PVC Certa-lok drop pipe; • 1-inch sounding tube (for future groundwater monitoring compliance); • #4 submersible pump cable; and
• 100-amp pump panel with starter, fuses, and relays, and discharge fittings mounted on a wood backboard.
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A totalizer is not included in this cost estimate as irrigation piping specifications are unknown at the time of preparing this proposal. We will incorporate the cost of a totalizer as part of Task 5.

Task 4d – Permanent Pump Installation
Pump installation will proceed when the City project staff approve the pump specifications and cost estimate in writing. Upon receiving approval of pump selection in writing, Geocon will oversee Guardino’s installation of the permanent pump and chlorination.

Guardino will demonstrate to City staff the use of the pump and electrical connections.

The electrical connection from the pump the control box is included in the pump connection. The City is responsible for the permanent electrical connection.

Task 4e – Documentation and Reporting
We will prepare a report summarizing the results of the pilot hole drilling including copies of associated permits, exploratory test hole boring log, well construction details, pump test data and analysis, laboratory reports, and well completion reports required by the California Department of Water Resources.

We will also include recommendations for well maintenance and monitoring.

Task 5 – Plans and Cost Estimate for Above Ground Infrastructure Geocon will retain Brigantino Irrigation, Inc of Hollister, California to develop design criteria and assumptions for the above ground infrastructure connecting the new irrigation well to the irrigation pond. Brigantino Irrigation, Inc will prepare the deliverables including a plan sheet, specification, and cost estimate.

Task 6 – Destruction of Inactive Irrigation Well
Task 6a – Permitting
We will prepare a well destruction workplan and Subsurface Drilling Permit Application, pay the associated permit fee to SMCEHS.

Task 6b – Well Destruction
Guardino will retain McMillan’s Well Service, LLC (McMillan) for blast perforation services. Guardino will remove all piping and tooling from inside the well and around the well pad. Guardino will then set a clean 2” tremie pipe to the bottom of the well. McMillan will deploy depth-discrete explosive charges packed with projectiles connected to detonating cord from the bottom of the well casing to 10 feet below surface at approximate 10-foot intervals. Guardino will pump neat cement to approximately 5 feet below grade (dependent on condition of the well casing). McMillan will detonate the explosives charges and verify the charges donated. Guardino will resume pumping neat cement until the top of the cement is approximately 5 feet below ground surface. Guardino will excavate 5 feet below grade remove and dispose of well head features and return to rough grade. Any well head items that Guardino cannot dispose of, Intrinsic will dispose of as non-hazardous waste. 92 of 1111
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We anticipate Task 6b and Task 3a to be completed in a single mobilization. Disposal costs are included in Task 2g.

Task 6c – Documentation and Reporting
Guardino and Geocon will submit the required well destruction documentation to DWR and SMCEHS.

We prepare a well destruction letter summarizing well destruction activities for the City of San Mateo.

COST ESTIMATE
Scope of Services Cost Estimate
TASK 1 - Project Management and Coordination $19,860
TASK 2 - Site Investigation $115,504
TASK 3 - Well Construction, Development, and Sampling $218,069 TASK 4 – Temporary Pump Installation, Yield Testing, and Permanent Pump Installation $102,926 TASK 5 – Plans and Cost Estimate for Above Ground Infrastructure $7,170 TASK 6 – Destruction of Inactive Irrigation Well $47,382 Total: $510,911
We appreciate the opportunity to provide you with this revised proposal for this project. Please contact us if you have any questions concerning this proposal or if we may be of further service.

Sincerely,
GEOCON CONSULTANTS, INC.

Lauren E.

Short, PG
Project Geologist
Attachment: Cost Estimate Worksheet
Accepted Legal Agreement (Clean Copy)
Accepted Legal Agreement (Redline Copy)
Richard Day, PG, CEG, CHG
Senior Geologist/ President
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EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS
ARTICLE 1 - MINIMUM SCOPE AND LIMIT OF INSURANCE

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

1.02 Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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 $1,000,000 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. Surety Bonds as described below.

E. Professional Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

F. 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.

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

1.04 Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, and employees; 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 94 of 1111
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

ARTICLE 2 - OTHER INSURANCE PROVISIONS

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

A. The City, its officers, officials, and employees 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 Auto Liability, General Liability, and Pollution liability claims, 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, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, or employees shall be excess of the Contractor’s insurance and shall not contribute with it.

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

2.02 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.

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

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

2.03 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. 95 of 1111

2.04 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.

2.05 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.

2.06 Subcontractors
A. To the extent applicable to the subcontractors’ scope of work and trade, 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.

2.07 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.

2.08 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. 96 of 1111

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: 10-6143 File ID: 25-9998 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 16, 2025
SUBJECT:

East Hillsdale Park Playground Improvements Project – Construction Management Services Contract Award RECOMMENDATION:

Award a contract to 4LEAF, Inc. (Consultant) for construction management services for the East Hillsdale Park Playground Improvements Project (Project); on a time and expense reimbursement basis for actual work performed, in an amount of $200,000; authorize a contingency amount of $30,000, for a total amount not to exceed $230,000; and authorize the Parks and Recreation Director to execute the contract, in substantially the form presented.

BACKGROUND:

The Parks and Recreation Department does not have sufficient staff resources to inspect and oversee all construction activities, therefore requiring third-party construction management and inspection to augment city resources. On February 25, 2025, a request for proposals was issued for construction management services for the playground improvements project at East Hillsdale Park.

The scope of work for construction management services includes managing all communication between the City and the contractor during the construction of the playground improvements, providing construction management and inspection services, ensuring that the contractor constructs the project in compliance with the contract documents, the conditions of the City’s construction permit, monitoring the construction schedule, ensuring tree protection and preservation compliance, negotiating change order requests, reviewing contractor’s application for payment, providing inspections reports, close-out services, and other construction support services.

Staff received a total of six (6) proposals from 4LEAF, Inc., Alpha CM, CM Consolidated, Consor PMCM, Inc., MNS Engineers, Inc., and Roebbelen Management, Inc. Consultants were evaluated on several key components as part of the proposal process including project understanding, experience with similar projects, the technical ability of key staff, proposed construction management services, and corresponding fee schedule. Four of the six proposals were found to be incomplete because of missing services, resumes or fee schedules. Two proposals were found to be complete with all requested services and information. Upon further evaluation, the proposal from 4LEAF, Inc. was found to be the most responsive. Past client references provided by 4LEAF were vetted by staff and received positive referrals. For the East Hillsdale Park Playground Improvements Project, staff recommend awarding a contract for construction management services to 4LEAF, Inc. on an hourly rate plus expense reimbursement basis for actual work performed, in an amount of $200,000 and establish a 15 percent contingency of $30,000, for a total amount not to exceed $230,000.

BUDGET IMPACT:

There are sufficient budget funds to cover the construction management services.

ENVIRONMENTAL DETERMINATION:
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CITY OF SAN MATEO
This contract for construction management services is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment (Public Resources Code Section 21065).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Contract

STAFF CONTACT
King Leong, Sr. Project Manager
[email protected]
(650)522-7542
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AGREEMENT WITH 4LEAF, INC.

FOR PROFESSIONAL CONSULTANT SERVICES FOR

EAST HILLSDALE PARK PLAYGROUND IMPROVEMENTS PROJECT
This Agreement, made and entered into this day of April 22, 2025, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and 4LEAF, INC., a corporation (“CONSULTANT”), whose address is 2126 Rheem Drive, Pleasanton, CA 94588.

RECITALS:

A. CITY desires certain construction management services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 99 of 1111
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on June 16, 2025 and be completed on December 31, 2026.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $200,000 pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

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

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

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

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation. 101 of 1111
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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

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

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

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 102 of 1111
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

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

To CITY: Joanne Magrini
City of San Mateo
330 W 20th Ave.,
San Mateo, CA 94403
To CONSULTANT: 4LEAF, Inc.

Attn: Gene Barry
2126 Rheem Drive,
Pleasanton, CA 94588
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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IN WITNESS WHEREOF, CITY OF SAN MATEO and 4LEAF, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Joanne Magrini
Parks and Recreation Director
Date Gene Barry
Its Authorized Agent
Vice President
If a Corporation, can be either 1)
President or 2) Vice President
plus an additional corporate
officer (i.e., Secretary, Treasurer)
who shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Mazarin Vakharia
Assistant City Attorney
Date Kevin Duggan
President / Secretary
Date
Attachments:

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

SCOPE OF SERVICES
The Scope of Service contemplated for the East Hillsdale Park Playground Improvements Project include, but is not limited to the following:

1. Construction Management and Inspection Services.
a. Act as construction project coordinator and the point of contact for all communications and interaction with the contractor, affected local agencies and design consultant. b. Coordination with the City’s Project Manager.
c. Provide administrative support including, but not limited to, maintaining project files, convening necessary meetings, providing meeting notes, monthly progress reports, photographic documentation, pay application reviews/negotiations and on-site observation. d. Provide, administer, and use web-based Project software site for purposes of hosting and managing Project communication and documentation until Final Completion. e. Ensure all permits are pulled and inspections are conducted. ▪ Construction permit and renewal of expired permits.
f. Inspect and ensure Contractor’s compliance of
▪ tree protection measures and fencing.
▪ erosion Control BMP’s and SWPPP
▪ construction site fencing and safety protocols.
g. Review scheduled submittals and provide schedule management support. h. Ensure product and deferred submittals are submitted and processed in a timely manner. i. Oversee the RFI process.
j. Evaluate, negotiate, recommend, and prepare change orders. k. Perform field inspection activities, monitor contractor’s performance and enforce all requirements of applicable codes, specifications, and contract drawings. l. Oversee quality control and materials testing.
m. Ensure all special inspections including structural, geotechnical, soils and materials testing, as required by the project are scheduled and completed.
n. Ensure all play equipment are installed per manufacturer’s instructions and pass safety inspections performed by a certified by a Certified Playground Safety Inspector. o. Schedule, manage, perform and document all field and laboratory testing services as provided in project specifications.
p. All reports, calculations, measurements, test data and other documentation shall be prepared on forms specified by or otherwise acceptable to the City.
q. Review and monitor the construction schedule. Prepare weekly reports documenting the progress of construction. Take photographs and videotape recordings of the construction progress on a regular basis.
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r. Prepare and recommend progress payments.
s. Identify potential claims and make recommendations to resolve said claims. t. Daily reports, extra work diaries, materials testing reports, and other reports shall be submitted to the City.
u. Provide final punch-list inspection services and project closeout activities, including preparation of the final construction project report.
v. Turn over all As-builts and conformed construction documents to the City. w. Provide close-out support including site furniture, fixtures and equipment installations, punch list management, O&M manuals, as-built reference documentation review, final release of retention pay review and warranty work management.

2. Hazardous Materials Compliance Services.

Consultant to provide coordination for regulatory compliance for removal, containment, abatement, and disposal of hazardous materials including regulated asbestos containing materials and piping, lead containing paints, smoke detectors which may contain a radioactive element or contaminated soil. Services to be provided shall include
a. Pre-Abatement and Post-Abatement Submittal Review. Review of all contractor submittals related to asbestos and lead abatement, including work plans, safety procedures, and material specifications, verify that each submittal complies with applicable regulations and project specifications before work begins, and provide written recommendations for adjustments required to address any noted discrepancies or issues. After the abatement work is completed, review all final submittals, including clearance testing results and project closeout documents, confirm that the abatement work has been completed in accordance with the approved specifications and that all necessary documentation is in order.
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EXHIBIT B

FEE RATES
Construction Management Services
Invoices shall be submitted by the 20th day of the following month of services.

BASIS OF CHARGES
A. Rates shown assume projects under this contract will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the project.

B. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated August 2024.

C. Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for the project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS142 form. We are not assured the apprenticeship committee will be able to provide a suitable/qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be at a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector issued August 2024 were used to determine the range of Calendar Year 2024 hourly rates for Public Works Inspector Apprentice.

D. All invoicing will be submitted monthly.

E. Overtime and Premium time will be charged as follows:
- Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime 1 (over 8 hours M-F or Saturdays) 1.35 x hourly rate - Overtime 2 (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate - Overtime 3 (over 8 hours Sun or Holidays) 2.35 x hourly rate F. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.

G. Subconsultant invoices will be assessed a 10% Administrative Processing Fee.

H. Project-related mileage for inspections will be billed at the allowable IRS Rate.

I. Payment due on receipt. All payments over 30 days will be assessed as a 1.5% interest charge.

J. Intentionally deleted.

K. Intentionally deleted.

L. In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s nonexempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

M. If 4LEAF is requested or otherwise required to conform to Client’s alternative workweek schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. If 4LEAF’s affected employment group approves an AWW election and the same is registered, overtime compensation/reimbursement shall not be required.
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Inspections
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INSURANCE – Intentionally deleted
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Hazardous Materials
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Certified Arborist
Certified Playground Safety Inspector
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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

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

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

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it. 116 of 1111
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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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

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

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

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
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Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 118 of 1111
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-6143 File ID: 25-9999 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 16, 2025
SUBJECT:

East Hillsdale Park Playground Improvements Project – Approval RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure for awarding a purchase contract with Miracle Playsystems (Vendor) for the purchase of playground equipment, for the East Hillsdale Park Playground Improvements Project (Project) in the amount of $191,246.54; authorize a contingency amount of $19,124.65 for a total amount not to exceed $210,371.19; and authorize the Parks & Recreation Director to execute the contract in substantially the form presented.

BACKGROUND:

In 2020, a survey was conducted to identify what the community would expect to see from a potential playground update at East Hillsdale Park. The preference from the surrounding residents was for a consolidated location for a new play area on the Northern side of the park, with separate play areas for toddlers and older kids, no restroom and no BBQs. With the neighborhood preference in mind, the Parks and Recreation Department solicited several designs for consideration prior to the preparation of construction plans to be used for public bidding.

On October 28, 2021, a virtual community meeting was held where residents reviewed the design alternatives and related documents. There was consensus amongst attendees strongly suggesting that the designs be reconsidered with a "less is better" approach.

In January 2022, a follow up community meeting was held to present the revised play area design along with alternative play equipment designs and answered general questions about the park tree plan and park infrastructure. Each of the three alternative play equipment designs were prepared by a different play equipment manufacturer. The community’s preferred play equipment design was Hags Equipment, by Miracle Playsystems. In addition, the community noted concerns with the existing irrigation system, poor stormwater drainage and the deteriorated condition of the perimeter pathway around the park. These issues would be studied in the design development phase and addressed in the final set of construction documents.

In March 2022, staff provided a project update to the Park & Recreation Commission and presented the community preferred play equipment design. A majority of the Commissioners were in support of the Hags Equipment by Miracle Playsystems.

In 2024, construction documents were completed by the design consultant, Callander Associates Landscape Architects.

The playground improvements scope of work included the protection of existing trees, demolishing existing play equipment and pathways, excavation and grading, installing new playground equipment, new play area safety surfacing, new pathway paving, adding more pathway lighting and switching to LED lamps, improving the stormwater drain system, 128 of 1111

CITY OF SAN MATEO
site furnishings, synthetic turf, irrigation and landscaping. The city will purchase the new play equipment and provide it to the Contractor to install as part of their scope of work.

Construction cost savings would be achieved by utilizing an alternative purchasing procedure to purchase the playground equipment directly from the Vendor, securing a discounted price and avoiding a contractor mark-up. The Vendor is a participating vendor with Sourcewell, a purchasing cooperative for educational, governmental and non-profit agencies, thereby ensuring a competitive price and saving time and resources for participating agencies. For this reason, it is in the best interest to use an alternative purchasing procedure pursuant to San Mateo Municipal Code Section 3.60.070(h)(3) in this case.

Based on the above, staff recommends for City Council to adopt a Resolution approving an alternative purchasing procedure for awarding a purchase contract to Miracle Playsystems, for playground equipment, in the amount of $191,246.54. Staff also recommend establishing a 10 percent contingency reserve in an amount not to exceed $19,124.65 to address any unanticipated items that may arise due to market volatility, inflation, or installation, for a total budget not to exceed $210,371.19.

BUDGET IMPACT:

There are sufficient budget funds available for the Project to cover the purchase of the playground equipment and contingency reserve.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.). The purchase of the play equipment by the city will not cause a physical change to the environment.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Proposed Contract

STAFF CONTACT
King Leong, Sr. Project Manager
[email protected]
(650)522-7542
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CITY OF SAN MATEO
RESOLUTION No. __ (2025)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR A PURCHASE CONTRACT WITH MIRACLE

PLAYSYSTEMS FOR PLAYGROUND EQUIPMENT FOR THE EAST HILLSDALE PARK PLAYGROUND IMPROVEMENTS

PROJECT
WHEREAS, cost savings would be achieved by purchasing playground equipment from Miracle Playsystems (Vendor) for the East Hillsdale Park Playground Improvements Project, to be installed by the contractor; and
WHEREAS, Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, the Vendor is a participating vendor with Sourcewell, which is a purchasing cooperative for educational, governmental and non-profit agencies, thereby ensuring a competitive price and saving time and resources for participating agencies; and
WHEREAS, purchasing directly from the Vendor, through Sourcewell, the City will receive a discounted price, and avoid a contractor’s cost mark-up; and
WHEREAS, the City would purchase the play equipment, to be installed by the contractor; and WHEREAS, based on these circumstances, staff recommends approval of the purchase of the play equipment from the Vendor because it is in the best interest of the City.

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

1. 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.)

2. In accordance with Municipal Code section 3.60.070(h)(3), the purchase of the playground equipment from the Vendor, a participating vendor with Sourcewell, is in the City’s best interest. 130 of 1111
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ATTACHMENT 1

PURCHASE CONTRACT

FOR PLAYGROUND EQUIPMENT

FROM MIRACLE PLAYSYSTEMS
This Purchase Contract (“Contract”), made and entered into this day of June 16, 2025, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and MIRACLE PLAYSYSTEMS, a Corporation (“VENDOR”).

RECITALS:

A. CITY desires to purchase play equipment hereinafter described.

B. CITY desires to engage VENDOR to provide the play equipment by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, 330 West 20th Ave., San Mateo, CA 94403 Attn: King Leong, or emailed to the following email address:
[email protected].
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery. Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.

SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract. All shipments shall be delivered and unloaded at the project site at 123 31st Avenue Ave., San Mateo, 94403. Transportation charges shall be shown as a separate item on the invoice.

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

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

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims. The VENDOR’S duty to indemnify shall survive expiration or early termination of this Agreement. 132 of 1111
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

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

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

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

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

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

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

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

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

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

To CITY: Joanne Magrini
City of San Mateo
330 West 20th Ave.

San Mateo, CA 94403
To VENDOR: Miracle Playsystems
Attn: Jean Tyan
6114 La Salle Ave., #463
Oakland, CA 94611
SECTION 21 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

CITY OF SAN MATEO VENDOR
Joanne Magrini
Director of Parks & Recreation
Date Kit Stevens
President
Miracle Playsystems
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
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EXHIBIT A
137 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-6121 File ID: 25-10026 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 16, 2025
SUBJECT:

Citywide Median Island Mulching — Agreement
RECOMMENDATION:

Approve an agreement with JetMulch, Inc., for the application of mulch to 153 median islands in the amount of $326,727; authorize a 10 percent contingency of $32,627, for a total amount not to exceed $359,354; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The City of San Mateo has 411 medians, islands, and rights-of-way. Staff identified 153 medians in need of mulching, primarily to reduce weed growth and dependence on herbicides for weed control. Additionally, mulching improves moisture retention, which supports plant survival and helps prevent soil erosion.

On April 7, 2025, staff issued a request for proposals to provide mulch for medians throughout the City including: 59 priority one and 94 second priority medians. Staff received a total of two proposals from JetMulch and West Coast Arborist. Staff evaluated the proposals based on the firms' understanding of the work involved, prior experience with similar work, quality and technical ability of the proposed staff, and the per unit price. Staff recommends awarding an agreement to JetMulch due to the quality and price of their proposal. The selected vendor, JetMulch, meets the requirements of SB1383.

The initial agreement term is through January 30, 2026. Work is to be billed on a “per island” unit basis, which is $2,135.47.

BUDGET IMPACT:

There are sufficient funds for this work in the Tree Planting Project (#610008).

ENVIRONMENTAL DETERMINATION:

This project is exempt from CEQA because it can be seen with certainty that the application of mulch will not have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).

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

ATTACHMENTS
ATT 1 – Agreement

STAFF CONTACT
Timothy Heartquist, Managing Arborist
[email protected]
(650) 522-7425
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AGREEMENT WITH THE JETMULCH, INC

FOR MEDIAN ISLAND MULCHING SERVICES
This Agreement, made and entered into this day of____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and JETMULCH, INC. a corporation, ("CONTRACTOR"), whose address is 2901 Park Ave., Suite D-3 Soquel, CA 95010.

RECITALS:

A. CITY desires certain median island mulching services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these median island mulching 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 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.
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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.

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 the date of execution and be completed on January 30, 2026.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in the amount of $326,727.50, pursuant to rates stated in Exhibit B, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to 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. 141 of 1111
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SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

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

SECTION 12 - INSURANCE
CONTRACTOR shall procure and maintain for the duration of the contract the insurance specified in Exhibit C 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. 142 of 1111
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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 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. 143 of 1111
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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: Timothy Heartquist
Managing Arborist
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: JetMulch, Inc
Ryan Gamboa
2901 Park Ave., Suite D-3
Soquel, CA 95010
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the City of San Mateo and JetMulch, Inc executed this Agreement on the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Mario Gamboa
President
JetMulch, Inc
Date

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

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

SCOPE OF SERVICES
The work consists of applying mulch to a total of 153 median islands throughout the City of San Mateo to the specifications and locations listed below. The Contractor will provide documentation of adherence to the requirements for mulch procurement as outlined in SB1383 All mulch/ woodchips shall be provided by the Contractor.

Mulch should be clean and recycled local tree waste chips or similar.

No mulch shall be installed within one foot of tree trunks, regardless of tree diameter.

Mulch shall not be installed in a manner that causes it to spill out onto the surrounding roads.

No equipment shall be driven within the drip zone of any tree.

Mulch shall be applied at a depth of no less than three (3) inches and no more than four (4) inches, measured from the soil surface.

Groundcover plants shall not be completely covered by mulch. However, any bare areas within and around groundcover plantings shall be mulched.

Mulch shall be applied around existing shrubs, ensuring that shrub stems emerging from the soil are not buried. Mulch shall be kept clear of the shrub base to prevent moisture-related damage.

Priority one islands shall be completed first, followed by priority two islands. 146 of 1111
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EXHIBIT A

SCOPE OF SERVICES- LOCATIONS
PRIORITY_ID PRIORITY NOTES MEDIAN_COUNT
1 2 3rd and Crystal Springs (Eaton Park Way) 1
8 1 Carmel Circle 1
13 1 El Camino Real median islands from 2nd to 21st 11 medians 12 23 2 San Mateo Parks 65
40 1 Bridgepoint Parkway Median and Median Islands on Chess Drive by Home Depot and Hilton. Medians on Fashion Island Blvd. West and East side of Mariners Island 24 medians
25 46 1 East side Delaware St. from 16th Ave. canal to Concar Ave. and medians on Charles & Betty Street entrance medians to 19th Ave.

Park. Median on Concar East of Grant and the planting strip North Side on Concar Ave. from Grant St. to end by Hayward Park 8 59 2 Palm islands from 3rd to Cary Avenue (on Norfolk) 3 60 2 S Bayshore (Beacon to Newbridge). 1
65 2 South Amphlett Blvd Btwn Concar Dr and Haddon Dr (across from Marriott)
1 73 1 Borel Ave (ROW) 1
77 2 DeAnza Blvd (sidewalks, center medians, 4 traffic triangles) 9 81 1 El Camino median from 27th to 37th and 41st Ave 4
82 1 Ensenada Median and ROW 1
83 1 Fernwood 1
85 1 Hacienda & 31st Ave 2
95 1 Melissa Court 3
103 2 Yew St ROW 1
106 2 Bay Meadows Area medians and planters from Fairgrounds fence to sound wall on Saratoga Ave. Including Annapolis, Trinity, Bermuda and McClellan Cull-De-Sacs from Delaware St. to Hillsdale Blvd. 10 114 2 Laurie Meadows Dr Btwn Wood Bridge and West of Suzie St 3 124 1 Bay Meadows, Landing Green - Section 1 1
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EXHIBIT B

PAYMENT RATES
Payment to be made to JetMulch, Inc. in an amount not to exceed $326,727.50 (a per-island price of $2,135.47), upon satisfactory completion of work.
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. 149 of 1111
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Rev 9/22
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 150 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 36-3133 File ID: 25-10039 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 16, 2025
SUBJECT:

Worker Resource Center and Amendment for 171 N Amphlett Blvd. – Operations and Lease Agreements RECOMMENDATION:

2. Approve an agreement with Samaritan House to provide services to operate the Worker Resource Center, for a threeyear term, in the amount of $195,000 annually for a total amount of $585,000, and authorize the City Manager to execute the agreement in substantially the form presented; and

3. Approve Amendment No. 2 to the lease agreement with Sakai Family Partnership for the property at 171 North Amphlett Boulevard in the amount of $279,900 and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

In the late 1990s, to address complaints related to day workers congregating in the downtown area of San Mateo and soliciting work, the City Council directed staff to study and find a solution to this issue. After months of interviews with day laborers, local merchants, and residents, and after years of study with community members and law enforcement responding to these calls, staff recommended that a center be created for day laborers to seek work in a safer location.

In 2003, the City Council approved an agreement with Samaritan House to create and operate a Worker Resource Center (WRC) at a City-owned lot on 5th Avenue, where the WRC matched job seekers with job providers. The City later groundleased the lot to MidPen Housing for construction of the Kiku Crossing affordable housing development. Beginning in 2020, the City leased space at 171 North Amphlett Boulevard (171 N. Amphlett Blvd.) for the WRC, a location where workers are able to walk or bike from their homes. City Council received a presentation at a Council meeting on May 19, 2025, where Reyna Sandoval, Food and Community Programs Director, gave an overview of the core services provided at the WRC, now in the 22nd year of continuous operation.

The City has, since 2003, renewed two-year agreements with Samaritan House to operate the WRC. The current operations agreement (Operations Agreement), funded at $195,000 per fiscal year, ends on June 30, 2025. Samaritan House seeks, and City staff recommends, an Operations Agreement renewal. Given the long history of collaboration with Samaritan House and consistency of services they provide for the WRC, staff proposes entering into a new Operations Agreement for a period of three years, from July 1, 2025, through June 30, 2028, to be funded at the current level of $195,000 per fiscal year. This would total $585,000 for the full three-year term. While the Operations Agreement does not require an annual renegotiation, staff proposes that Samaritan House and staff provide an annual update to the City 151 of 1111

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Council on the status of the WRC to keep City Council informed and address any programmatic changes that may be needed. Additionally, as costs increase over time, it may be necessary to amend the not-to-exceed amount during the Operations Term agreement. In this case, staff would return to City Council for approval of an amendment.

Services Provided Under the Agreement
The WRC provides a place for workers and businesses and homeowners seeking casual labor to meet on Monday through Friday from 7 AM to 3 PM, and Saturdays from 7 AM to noon. Workers that arrive at the WRC register with staff, listing their names, cellphone number and work skills, such as manual labor, gardening, painting or carpentry. Business owners or homeowners seeking casual labor that come to the WRC register with staff, list the skillsets they seek, and staff matches their work requests with workers.

At the WRC, Samaritan House also provides job application assistance, English as a Second Language (ESL) instruction, meals, and referrals to other Samaritan House programs for health, dental, and clothing needs. In addition to WRC-specific operations, Samaritan House leverages its resources as a Core Service Agency for San Mateo County, which provides emergency safety-net assistance to County residents. Samaritan House receives a subgrant of federal Community Development Block Grant (CDBG) funds from the City ($14,100 in FY 24-25) to support these programs.

Worker Resource Center Location
The City is currently in a lease agreement with Sakai Family Partnership for the facility located at 171 N. Amphlett Blvd., at the cost of $5,628 per month, plus common area maintenance (CAM) expenses of approximately $577 per month. Rent and CAM expenses have increased approximately 3 percent per calendar year, and under the lease, the City is responsible for electrical, plumbing and interior repairs.

The facility is aging, and the WRC has had several ad hoc repairs, such as emergency plumbing and rodent removal, those repairs have cost the City approximately $400 to address each matter (costing approximately $1,000 per year). In addition, the City pays for Recology waste removal, debris box, and locks for approximately $1,190 per month. The current lease at 171 N. Amphlett expires on August 31, 2025.

The City’s leasing agent conducted a due diligence search for other viable lease options and ultimately, amending the current lease for a three- year extension was the most viable option for Samaritan House to continue operating the WRC.

The City requested, and the Lessor assented, to the following additional facility improvements not in the original lease agreement, at the Lessor’s own expense, for a three-year lease to (1) epoxy the concrete floor; (2) install a window in the loft for better air flow; (3) repair or replace the vents/fans in the two restrooms; and (4) allow the WRC to use a water spigot in the front of the building to clean the premises. The current rental rate would be kept the same for the first year of the extension term ($5,627.54 per month at no net loss, with 3 percent annual increases), plus CAM, (starting at $577 per month with approximately 3 percent annual increases). The rent total for a three-year period is $208,730. The approximate cost of CAM fees is $21,401 for a three-year period. The cost of trash collection and miscellaneous maintenance expenses for a three-year period is estimated at $49,740. A total of $279,900 is needed to lease the property for three years.

BUDGET IMPACT:

The three-year Operations Agreement is in the amount of $195,000 per fiscal year, for a total of $585,000. The program was previously funded entirely under the City’s General Fund. However, to reduce reliance on General Funds, staff proposes to fund the agreement at $165,000 from the General Fund (Fund 100) and $30,000 from General Fund Housing Set Aside Funds (Fund 130) annually.

The cost to lease the facility at 171 N. Amphlett Blvd for three years will be $208,730. In addition to the lease, the common area maintenance (CAM) fee is estimated at $21,430 and the cost for monthly trash collection is estimated at $49,740 for the three-year period, so a total appropriation of $279,900 is needed to cover the costs related to the three-year lease.

This results in a total appropriation of $864,900 to operate the Worker Resource Center for the next three years.

The proposed 2025-26 Samaritan House budget for the WRC is $379,516 and maintains the same overall distribution of 152 of 1111

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costs as the budget included in the current contract. The City’s contribution of $195,000 would cover 70 percent of the total program costs, while the Samaritan House General Fund would support 28 percent, with the remaining 2 percent of funding provided by outside contributions.

The WRC operations budget is broken down into personnel expenses and operating expenses that include meals, technology, housekeeping, and various supplies. The Center has two full time client-facing staff, for a total operations staff of 2.4 FTE. In addition, 0.2 FTE is budgeted for on-call personnel. The majority of operating expenses are allocated to program supplies and meals (48 percent) and housekeeping (38 percent).

ENVIRONMENTAL DETERMINATION:

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

All meeting noticing requirements were met.

ATTACHMENTS:

Att 1 – Proposed Resolution
Att 2 – Agreement to Provide Services to Operate the Worker Resource Center 2025-28 Att 3 – Amendment No. 2 to the Lease Agreement for 171 North Amphlett Boulevard STAFF CONTACT:

Van Diggans, Housing Specialist II
[email protected]
(650) 522-7229
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROPRIATING FUNDS FOR THE OPERATION OF THE WORKER RESOURCE CENTER AND LEASE FOR COMMERCIAL SPACE AT 171 NORTH AMPHLETT BOULEVARD WHEREAS, since 2003 to the present, Samaritan House has operated the San Mateo Worker Resource Center (WRC), a facility that connects day laborers in the City with potential employers; and WHEREAS, the City supports the WRC via an operations agreement with Samaritan House and provides the facility out of which the WRC is operated; and
WHEREAS, the City and Samaritan House agree to continue operating the WRC for an additional threeyear term (July 1, 2025 through June 30, 2028) with a City contribution of $195,000 per year, for a total cost of $585,000 for three years; and
WHEREAS, on August 4, 2020, the City Council approved a one-year lease (Lease) of the commercial space located at 171 North Amphlett Boulevard (171 N. Amphlett), and the Lease contained an option to extend the Lease Term for up to three additional twelve-month periods, with an increase in the monthly rent of threepercent per twelve-month period; and WHEREAS, the Parties to the Lease agreed to extend the Lease Term in 2021, 2022 and 2023; and WHEREAS, on August 8, 2024, the Parties to the Lease agreed to extend the Lease for an additional oneyear term in a First Amendment per City Council Resolution No. 74 (2024); and WHEREAS, the Parties to the Lease agree to sign a Second Amendment to Lease to extend the term for a period of three years, from September 1, 2025 to August 31, 2028, with a monthly rental rate of $5,627.54 for the first year and a three-percent annual increase for the second and third years of the Lease; and WHEREAS, the facility at 171 N. Amphlett also requires payment of common area maintenance fees of $577 per month, subject to an approximate three percent annual increase; payment of trash collection fees to Recology of approximately $1,190 per month; and miscellaneous maintenance costs of approximately $1,000 per year; and
WHEREAS, the total costs to lease the facility at 171 N. Amphlett, with the associated fees and maintenance costs, for a three-year period are estimated to be $279,900; and WHEREAS, the Operations Agreement with Samaritan House will cost $195,000 per year, for a total of $585,000 for the three-year term; and
WHEREAS, the total cost to operate the WRC, including the Operations Agreement, Lease, common area maintenance, trash collection and miscellaneous maintenance, is estimated to be $864,900 for the three-year term.

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

1. This fund appropriation is not a project subject to CEQA because it is an organizational or administrative activity that will not impact the environment (CEQA Guidelines Section 15378(b)(5)). 154 of 1111

2. The appropriation of $279,900 from the General Fund (Fund 100) to pay the monthly rent and associated costs for the facility at 171 N. Amphlett for three years is approved.

3. The appropriation of $495,000 from the General Fund (Fund 100) and $90,000 from the Housing Set-Aside Fund (Fund 130), for a total appropriation of $585,000 to pay Operations Agreement with Samaritan House to operate of the Worker Resource Center for a three-year term is approved.

4. The total appropriation to support the Worker Resource Center for the next three-year term is $864,900.
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San Mateo City CouncilJune 16, 2025

San Mateo City Council
June 16, 2025