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Agenda Packet - CC - 2022.05.16 Regular Meeting
City of Burlingame BURLINGAME F, Meeting Agenda - Final City Council Monday, May 16, 2022 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 On September 16, 2021, Governor Newsom signed into law AB 361 which allows a local agency to meet remotely when: The local agency holds a meeting during a declared state of emergency 2. State or local health officials have imposed or recommended measures to promote social distancing 3. Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees On March 21, 2022, the City Council adopted Resolution Number 036-2022 stating that the City Council and Commissions will continue to meet remotely for at least thirty days for the following reasons: 1. There is still a declared state of emergency 2. The State recommends that individuals in public spaces maintain social distancing and wear masks 3. The City can't maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners, in their meeting spaces Pursuant to Resolution Number 036-2022, the City Council Chambers will not be open to the public for the May 16, 2022 City Council Meeting. Members of the public may view the meeting by logging into the Zoom Webinar listed below. Additionally, the meeting will be streamed live on YouTube and uploaded to the City's website after the meeting. Members of the public may provide written comments by email to publiccomment@burlingame.org. Emailed comments should include the specific agenda item on which you are commenting. Note that your comment concerns an item that is not on the agenda. The length of the comment should be commensurate with the three minutes customarily allowed for verbal comments which is approximately 250-300 words. To ensure that your comment is received after that time, but cannot guarantee such emails will be read into the record. Any emails received after the 5:00 p.m. deadline which are not read into the record, will be provided to the City Council after the meeting. Online City of Burlingame Page 1 Printed on 5/12/2022 City Council Meeting Agenda - Final May 16, 2022 1. CALL TO ORDER - 7:00 p.m. - Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 819 7018 2273 Passcode:904175 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 819 7018 2273 Passcode:904175 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Update from the Youth Advisory Committee (YAC) b. Presentation on Generation Voter 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approval of City Council Meeting Minutes for the May 2, 2022 Regular City Council Meeting Attachments: Meeting Minutes City of Burlingame Page 2 Printed on 511212022 City Council Meeting Agenda - Final May 16, 2022 b. Adoption of a Resolution Approving a $327,803 Professional Services Agreement with Wilsey Ham for the Burlingame Terrace Subdivision Water Main Replacement Project and Authorizing the City Manager to Execute the Agreement Attachments: Staff Report Resolution Professional Services Agreement Protect Location Map C. Adoption of a Resolution ADDrovina the Procurement of an Aerial Lift Vehicle for the Citv's Fleet System as Part of the FY 2021-22 Vehicle Replacement Program in the Amount of $409,069.63 Attachments: Staff Report Resolution Proposals d. Adoption of Resolutions Initiating Proceedings to Renew the Levy and Collection of Assessments for the Downtown Burlingame Avenue Streetscape Improvement Project for Fiscal Year 2022-23 Attachments: Staff Report Resolution Initiatina Proceedinas for Lew & Collections Resolution Approving Annual Report for FY 2022-23 Updated Engineer's Report FY 2022-23 Resolution Declaring Intention to Levy & Collect Assessments Staff Report - April 2, 2012 Staff Report - May 21, 2012 e. Adoption of a Resolution Authorizing the Request to the Metropolitan Transportation Commission for the Allocation of FY2022-23 Transportation Development Act Article 3 Pedestrian/Bicycle Protect Funding Attachments: Staff Report Resolution C/CAG Resolution 22-23 Adopting the San Mateo County TDA Article 3 Prograr f. Adoption of a Resolution Authorizing the Deletion of One Vacant Recreation Coordinator 1/11 Position and the Addition of One Recreation Supervisor Attachments: Staff Report 0--- I. ,+;-- City of Burlingame Page 3 Printed on 511212022 City Council Meeting Agenda - Final May 16, 2022 g. Adoption of a Resolution Authorizing the City Manager to Execute a One -Year Agreement with Maze & Associates Accountancy Corporation to Serve as the City of Burlingame's Independent External Financial Auditors for Fiscal Year Ending June 30, 2022, with an Option to Extend for One Additional Year Attachments: Staff Report Resolution Engagment Letter h. Adoption of a Resolution to Continue Conducting City Council and Commission Meetings Remotely Due to Health and Safety Concerns for the Public Attachments: Staff Report Resolution Executive Order N-29-20 Executive Order N-08-21 AB 361 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Adoption of a Resolution Authorizing the City Manager to Execute a Three -Year Service Agreement for Information Technology Managed Services from Eaton Associates with an Option to Extend the Agreement as Needed Attachments: Staff Report Resolution Professional Service Aareement 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and the Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT City of Burlingame Page 4 Printed on 511212022 City Council Meeting Agenda - Final May 16, 2022 Notice: Any attendees who require assistance, a disability related modification, or language assistance in order to participate in the meeting should contact Meaghan Hassel -Shearer, City Clerk, by 10:00 a.m. on Monday, May 16, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any individual who wishes to request an alternate format for the agenda, meeting notice, or other writings that may be distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Monday, May 16, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. NEXT CITY COUNCIL MEETING Regular City Council Meeting - June 6, 2022 VIEW REGULAR COUNCIL MEETING ONLINE www.burlingame.org/video Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection via www.burlingame.org or by emailing City Clerk Meaghan Hassel -Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the City's website or through email, contact the City Clerk at (650) 558-7203. City of Burlingame Page 5 Printed on 511212022 CITY BURLINGAME wE 6. BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on May 2, 2022 1. CALL TO ORDER Agenda Item 8a Meeting Date: 05/16/2022 A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Fire Chief Barron. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Ortiz reviewed upcoming events in the city. 6. PRESENTATIONS a. PROCLAMATION RECOGNIZING THE WORK OF THE BAY AREA LEOS CLUB ON THEIR PLASTIC RECYCLING Mayor Ortiz read the proclamation recognizing the work of the Bay Area Leos Club on their plastic recycling. 1 Agenda Item 8a Meeting Date: 05/16/2022 Joy Yeo and Lauren Hong from the Bay Area Leos Club thanked the City and the community for their efforts to recycle plastic. b. PROCLAMATION RECOGNIZING MAY 2022 AS MENTAL HEALTH AWARENESS MONTH Mayor Ortiz read the proclamation recognizing May 2022 as Mental Health Awareness Month. 7. PUBLIC COMMENTS, NON -AGENDA Lindsay Raike, from the organization Warm Water Wellness, spoke in favor of reopening the Mickelson Wellness Pool. Pam Hayman, from the organization Warm Water Wellness, spoke in favor of reopening the Mickelson Wellness Pool. 8. APPROVAL OF CONSENT CALENDAR Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were removed from the Consent Calendar. Councilmember Beach made a motion to adopt the Consent Calendar; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CIY COUNCIL MEETING MINUTES FOR THE APRIL 4, 2022 REUGLAR MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the April 4, 2022 Regular Meeting. b. APPROVAL OF MEETING MINUTES FOR THE APRIL 18, 2022 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the April 18, 2022 Closed Session. c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE APRIL 18, 2022 REGULAR MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the April 18, 2022 Regular Meeting. 2 Agenda Item 8a Meeting Date: 05/16/2022 d. ADOPTION OF AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE POLICY AND ADDING THE POLICY TO THE BURLINGAME POLICE DEPARTMENT POLICY MANUAL; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(B)(3) City Attorney Guina and Chief of Police Matteucci requested Council adopt Ordinance 2005. e. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO CRATUS INC. IN THE AMOUNT OF $2,287,000 FOR THE GLENWOOD PARK SUBDIVISION WATER MAIN IMPROVEMENTS PROJECT, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. IN THE AMOUNT OF $329,590 FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECTS f. Public Works Director Murtuza requested Council adopt Resolution Number 040-2022 and Resolution Number 041-2022. g. ADOPTION OF A RESOLUTION AMENDING THE CITY OF BURLINGAME'S CONFLICT OF INTEREST CODE TO REVISE THE LIST OF DESIGNATED OFFICIALS AND EMPLOYEES City Clerk Hassel -Shearer requested Council adopt Resolution Number 042-2022. 9. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME MASTER FEE SCHEDULE FOR FISCAL YEAR 2022-23 Finance Director Yu -Scott stated that staff was asking Council to approve the Master Fee Schedule for Fiscal Year 2022-23. Mayor Ortiz opened the item up to public comment. No one spoke. Vice Mayor Brownrigg made a motion to adopt Resolution Number 043-2022; seconded by Councilmember Colson. The motion passed unanimously by roll call, 5-0. b. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS IMPROVEMENT ASSESSMENTS FOR FISCAL YEAR 2022-23 Finance Director Yu -Scott noted that at the April 4, 2022 Council Meeting, Council adopted a resolution of intention to set the 2022-23 Fiscal Year Broadway Area Bid Assessments at the May 2, 2022 Council Meeting. Agenda Item 8a Meeting Date: 05/16/2022 Finance Director Yu -Scott asked City Clerk Hassel -Shearer if the City received any protests. City Clerk Hassel -Shearer responded that the City received no protests. Finance Director Yu -Scott stated that after discussions with Broadway BID President John Kevranian, the following three items would be removed from Exhibit A: 1. Planned hotel concierge tour 2. Design and custom -make 10 bike racks with the Broadway Arch logo 3. Hotel Book full -page advertising with Explorer Publishing Mayor Ortiz opened the item up for public comment. No one spoke. Councilmember Colson made a motion to adopt Resolution Number 044-2022; seconded by Councilmember Beach. The motion passed unanimously by roll call, 5-0. 10. STAFF REPORTS a. AUTHORIZE THE MAYOR TO SEND A LETTER IN RESPONSE TO LETTER RECEIVED FROM YIMBY LAW AND GREENBELT ALLIANCE REGARDING THE HOUSING ELEMENT UPDATE CDD Gardiner explained that the City Council received a letter dated April 21, 2022 from YIMBY Law and Greenbelt Alliance regarding the Annual Housing Element Update. He stated that the letter cited three years of residential building permit history, and based on that data, made conclusions regarding the City's zoning capacity. CDD Gardiner stated that the City's proposed response letter outlines flaws in the YIMBY Law/Greenbelt Alliance methodology and provides a more complete overview of the City's housing production. He noted that staff has communicated with colleagues in other San Mateo County municipalities, and other jurisdictions received similar letters. He added that the conclusion that YIMBY Law/Greenbelt Alliance reached regarding zoning capacity was the same in each city's letter. CDD Gardiner stated that staff met with the authors of the letter. He added that also present at these meetings were representatives from The Housing Leadership Council and the Peninsula for Everyone Organization. He noted that he believed that the meetings were productive. CDD Gardiner stated after the agenda with the proposed letter was published, staff revised the letter to strengthen it and provide additional clarity. Councilmember Colson asked if the housing advocates were confused in the meeting. CDD Gardiner responded that the intention of the meeting was to communicate the Burlingame message. Councilmember O'Brien Keighran thanked staff for taking the time to meet with the housing advocates. She explained that the housing advocates didn't do their research, and that the City doesn't need to be reminded 4 Agenda Item 8a Meeting Date: 05/16/2022 what the obligations are, as the City has been working on this for years. She noted that Burlingame has exceeded its RHNA numbers. She added that it would be beneficial for the housing advocates to attend the Council meetings to hear of the work that the City has undertaken in the past few years. Mayor Ortiz asked if the YIMBY Law/Greenbelt Alliance letter was a form letter with minor adjustments. CDD Gardiner replied that he believed that this was the case. He added that he found it odd that all the letters drew the same conclusion. Councilmember Beach asked if the housing advocates left the meetings enthusiastic about the City's efforts or if they had any lingering questions. CDD Gardiner replied that a Greenbelt Alliance representative seemed supportive. He added that he had asked for the housing advocates' support and for them to work with the City. He stated that Greenbelt Alliance has supported Burlingame projects that meet their objectives and mission. Mayor Ortiz opened the item up to public comment. No one spoke. Vice Mayor Brownrigg thanked staff for taking the time to write a well -crafted response. Councilmember Colson stated that Greenbelt Alliance only has one project on their website that they have endorsed, 1766 El Camino. She noted that housing advocates should attend Council meetings to learn about the projects that are in the pipeline. Mayor Ortiz voiced frustration that the City works hard to create housing in the community, and the public responds by saying either that the City is allowing too much development or that the City isn't allowing enough development. Councilmember O'Brien Keighran made a motion to send a letter to YIMBY Law and Greenbelt Alliance in response to their letter to the City Council dated April 21, 2022; seconded by Vice Mayor Brownrigg. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no announcements. Councilmember Colson mentioned that June 14 and 15 are the opening and celebration of the new Community Center. 12. FUTURE AGENDA ITEMS Vice Mayor Brownrigg wanted to agendize discussion of a state ballot initiative to reduce plastic in the environment; seconded by Mayor Ortiz. 5 Agenda Item 8a Meeting Date: 05/16/2022 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlin ag me.org. 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 7:45 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 0 aV STAFF REPORT AGENDA NO: 8b MEETING DATE: May 16, 2022 To: Honorable Mayor and City Council Date: May 16, 2022 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Weizhi Cheng, Associate Engineer — (650) 558-7258 Subject: Adoption of a Resolution Approving a $327,803 Professional Services Agreement with Wilsey Ham for the Burlingame Terrace Subdivision Water Main Replacement Project and Authorizing the City Manager to Execute the Agreement RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving a professional services agreement with Wilsey Ham for professional engineering services related to the Burlingame Terrace Subdivision Water Main Replacement Project, City Project No. 84893, in the amount of $327,803 and authorizing the City Manager to execute the agreement. BACKGROUND The Water System Capital Improvement Program (CIP) identified the existing water mains in the Burlingame Terrace Subdivision as a high priority project to replace aging potable water mains. This is the fourth phase of a four -phased project to replace approximately 6,650 linear feet of a combination of four -inch, six-inch, eight -inch, and twelve -inch cast iron water mains with new polyvinyl chloride (PVC) and ductile iron pipes. The existing cast iron pipes were installed approximately 100 years ago and have served beyond their intended service life. This project will also replace water service lines, fire hydrants, valves, and other water system appurtenances in the project area. The Burlingame Terrace Subdivision Water Main Improvement project will focus on water infrastructure improvements on Acacia Drive, Edgehill Drive, Paloma Avenue, Fairfield Road, Palm Drive, Sanchez Avenue, and Walnut Avenue. The new water infrastructure will improve the water flow capacity in the water mains, thereby improving the water volume and pressure to the community as well as the water quality. This project will also include the design and replacement of up to 50 existing water service lines outside of the project area as shown in the project map. These service lines have served beyond their intended design life span and need replacement. 1 Resolution Approving a Professional Services Agreement with May 16, 2022 Wilsey Ham for the Burlingame Terrace Water Main Improvements DISCUSSION In August 2017, staff issued an RFP to a list of qualified engineering firms for improvements along El Camino Real between Sanchez Avenue and Barroilhet Avenue, and adjacent subdivisions. Eight qualified firms submitted proposals. After a comprehensive review and ranking of the proposals, staff selected the consulting firm of Wilsey Ham as the top-ranking firm for this multi -phase project because of their high understanding of the overall project, project approach, and quality of proposal. This is the final phase of this project. Staff negotiated a scope of professional services for the project with Wilsey Ham in the amount of $327,803. The following is a brief summary of the scope of professional design services, which is described in detail in Exhibit A of the Professional Services Agreement. • Perform pre -design investigation including field surveying, potholing, and utility location to prepare project base map. • Prepare 35% design submittal including preliminary horizontal layout of the pipeline alignments, site visit, and preliminary engineer's estimate. • Prepare 50% design submittal including preliminary pipeline alignments, construction details, draft specifications, coordination with other utilities, pothole plan, and preliminary engineer's estimate. • Prepare 95% design submittal including coordination with the City, updating pipeline plan and profiles to 95% completion, preparing a draft bid package, and updating the engineer's estimate. • Complete and submit 100% design including addressing City comments, finalizing specifications, finalizing cost estimate, completing 100% contract documents, and performing a quality assurance and quality control review of the contract documents. • Prepare plan sheets from City GIS base maps to show up to 50 water service line replacements, addresses, water service lines, curbs, property lines, and satellite background imagery. These are old water service lines located outside the water main replacement project area. • Repackage previous design plans that were not constructed based on new construction budget. • Provide bidding assistance including attending a pre -bid meeting, answering contractor questions, and preparing addenda. • Perform project management functions including attending meetings, site visits, and agency coordination. Upon completion of the project engineering design and preparation of construction documents, the construction is scheduled to begin in the summer of 2024 and be completed by spring of 2025. FISCAL IMPACT The following are the estimated costs relative to the project development: 2 Resolution Approving a Professional Services Agreement with May 16, 2022 Wilsey Ham for the Burlingame Terrace Water Main Improvements Consultant Design Services $327,803 Contingency (15%) $49,171 Staff Administration $15,026 Total $392,000 There are adequate funds available in the FY 2021-22 Water Enterprise Fund to complete the project. Exhibits: • Resolution • Professional Services Agreement • Project Location Map 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A $327,803 PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM FOR THE BURLINGAME TERRACE SUBDIVISION WATER MAIN REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT NO. 84893 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS, ORDERS and DETERMINES AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above, in the form attached hereto. 2. The City Manager is authorized to sign said agreement on behalf of the City of Burlingame. 3. The City Clerk is instructed to attest such signature. Ricardo Ortiz, Mayor I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 161h day of May, 2022 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES WITH WILSEY HAM FOR THE BURLINGAME TERRACE SUBDIVISION WATER MAIN REPLACEMENT PROJECT CITY PROJECT NO. 84893 THIS AGREEMENT is entered into this day of )2022, by and between the City of Burlingame, State of California, herein called the "City", and WILSEY HAM engaged in providing PROFESSIONAL ENGINEERING DESIGN services herein called the "Consultant". RECITALS A. The City is considering conducting activities for consultant engineering services for design services for the Burlingame Terrace Subdivision Water Main Replacement Project, City Project No. 84893. B. The City desires to engage a professional engineering consultant to provide design services because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide professional engineering services such as conduct ground surveys; locate utilities; generate a project topographic base map; prepare plans, specifications and estimate; prepare a potholing plan; incorporate previous design plans into new construction document package; provide assistance during bidding process; service line replacements, and as detailed in "Scope of Services" of the attached Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of all work by December 31, 2024. Page 1 of 8 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $327,803.00; and payment shall be based upon City approval of each task. Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Page 2 of 8 Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Brandon Davis, Executive Vice President. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Kevin Okada, P.E., Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Brandon Davis, Executive Vice President Wilsey Ham 3130 La Selva Street, Suite 100 San Mateo, CA 94403 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is Page 3 of 8 brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: One million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage in a form at least as broad as ISO Occurrence Form CG 0001. Page 4 of 8 ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than two million dollars ($2,000,000) each claim/aggregate sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Page 5 of 8 15 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail, has been given to the City (10 days for non-payment of premium). Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage: Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, employees, authorized agents and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which Page 6 of 8 arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed under the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 18. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Page 7 of 8 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame "Consultant" Lisa K. Goldman Wilsey Ham: City Manager Print Name: Title: Approved as to form: City Attorney — Michael Guina ATTEST: City Clerk - Meaghan Hassel -Shearer Page 8 of 8 EXHIBIT A December 17, 2021 Mr. Kevin Okada, P.E. Senior Civil Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94010 WILSEY:E HAM Engineering, Surveying & Planning Re: Proposal for Professional Engineering Design Services for Burlingame Terrace Neighborhood Water Main Improvements (ECR Area Phase 4) , City Project No. 84893 Dear Mr. Okada, On behalf of Wilsey Ham, I am pleased to submit this proposal to the City of Burlingame for design of the water main project referenced above. We are confident that we have a very good understanding of the scope of work and have a proposed project approach that is cost effective while providing the essential information to minimize change orders. Wilsey Ham has an experienced and responsive staff that will provide a high quality of service to the City. Proposed Design Team I will serve as the Supervising Engineer for our project team, providing input on design issues and playing a major role in the quality control reviews. I have the ultimate responsibility to the City to ensure that the City is happy with our services and work products. Cameron Leitch will serve as our Project Manager/Project Engineer. In this capacity, he will guide all of the day-to-day aspects of the project. As the Project Engineer for many of the recent Water and Sewer Projects, he has a very good understanding of the City's design standards and project development process. Cameron will be our primary contact with the City. Darrin Mock is proposed as our Assistant Project Engineer, supporting the design and preparation of the construction drawings and bid documents. Darrin is the Assistant Project Engineer who worked on the last several Water Main Improvement Projects. Project Understanding The City has issued an RFP for the design of Water Main Improvements along El Camino Real from Sanchez Avenue to Barroilhet Avenue and within the Glenwood Park, Burlingame Heights, Burlingame Terrace and Burlingame Park Subdivisions; totaling almost five miles of roadway. The project is programmed to be designed and constructed in four phases over Multiple years. Due to rising construction costs, some streets designed in earlier phases of the project were removed from the scope of the construction package and `shelved' for inclusion in a later phase(s). The City anticipates repackaging these streets as part of the effort for this phase. The construction of improvements may be extended into future years if there is not sufficient budget to construct all of the improvements in the program year. The improvements on EL Camino Real are under construction. Wilsey Ham is currently finalizing the design for the Glenwood Park Neighborhood and is mid -way through the ■ Main:650.349.2151 Fax:650.345.4921 ■ 3130 La Selva Street, Suite 100, San Mateo, CA 94403 wilseyham.com December 17, 2021 Kevin Okada, P.E. Page 2 Burlingame Park design. It is our understanding that the City would like to begin design of the Burlingame Terrace Neighborhood Water Main Improvements. This includes the streets shown in yellow on the attached map from the RFP. To better understand the scope of the project, we have walked the full length of each street to observe and photograph the site conditions. We have also reviewed the City's GIS maps showing the approximate water, sewer and storm drain locations. From our observations, we have identified some design constraints that will need to be properly addressed to achieve a successful project. Our staff has also prepared a preliminary layout for the new water mains in each project phase to assist us in developing our scope of work and to illustrate our initial design thoughts. A summary of our observations and comments on the alignments are shown below. The alignments are included at the end of this proposal for your information. The alignments will need to be adjusted once the utility locations are surveyed and we have a more accurate understanding of the site constraints. Phase 4 - Burlingame Terrace and Burlingame Park Subdivisions (6,650 LF) The 60" SFPUC water line from Phase 2 extends into this Phase along Walnut Ave, presenting similar issues for alignment. Two of the subject streets (Paloma and Fairfield) are adjacent to McKinley Elementary School. Our field review of the area coincided with the end of the school day and we noted increased traffic, lack of parking and heavy pedestrian usage. Coordination of construction with the school calendar will be an important aspect of this phase. Walnut Ave - City main aligned in park strip under tree drip -line. SFPUC 60" in parking zone. December 17, 2021 Kevin Okada, P.E. Page 3 Preliminary Alignment Thoughts On most streets, we have preliminarily aligned the new water on the opposite side of the road from the existing water to provide separation from the sewer. Additionally, the alignment may be better on the south side of the street along Walnut to avoid the 60" SFPUC line and to avoid the drip -lines of the existing trees along the existing waterline alignment. The alignment of the new City water main will need to be sufficiently far away to provide continued protection/support of the existing 60" mains during the trenching of the new line. All new alignments discussed above are contingent upon the location of PG&E gas facilities and the accurate location of all utilities. Service Line Replacements The State has notified the City to begin replacement of select aging water services. To accomplish this the City plans to incorporate replacement of older service lines in areas where there is no current plan to update the mains into the Water CIP. The City's current approach is to replace 50 of these services with this project. The location of these 60 services will be determined as the project develops; however, for the purposes of this proposal we assume the service replacements will be grouped together by location and relatively local to each other as opposed to select random replacements throughout different, separated parts of the City. Project Approach and Scope of Services In light of our project understanding, the RFP requirements and our site observations, Wilsey Ham proposes the following Project Approach and detailed Scope of Services for each task. Task 1 - Pre -Design Investigation — Survey, Utility Locates, Potholing, Base Mapping The surveys to prepare the base mapping will be prepared by ground surveys due to the tree canopies and need to pick up utility markings. The ground surveys will be performed after the utility locator marks the utility locations for water, gas, electric and communications. Sewer and storm drain manholes will be located and dipped to verify the invert elevations. To minimize costs, the surveyors will shoot the curbs, pavement crown elevations, edge of sidewalk and all visible utility structures and markings. Driveways will be approximately shown for reference using Google Earth imagery and field observations and tree locations will be field coordinated by our engineering staff. All potholing will be performed after City comments on 50% design are received and after the City has approved the proposed water main alignments and pothole plan. We have also included a 10-day supplemental survey budget to be used during the 95% Phase to collect potholes and to obtain additional/supplemental information that may be needed as the design evolves. The scope of work in this task is detailed below along with our assumptions. 1. Attend a project kickoff meeting with City. 2. Perform records research and collect record utility maps 3. Perform a survey traverse using GPS, install control points. Reduce data and compute survey control. 4. Perform utility location and mark streets for gas, electric, communications and water. 5. Perform topographic surveys and base mapping at 1" = 20" using ground surveys. The base maps will be planimetric on 24" x 36" sheets. 6. Add approximate right of way lines to mapping from record information. December 17, 2021 Kevin Okada, P.E. Page 4 7. Add topography and utility locates to create base maps. 8. Preform Quality Assurance/Quality Control review. 9. Pothole utilities at potential conflict areas per the approved potholing plan during the 95% design stage. We have included approximately 17 potholes with hot mix asphalt T- Cut patch. 10. Perform supplemental topographic survey (at 95% design stage) to pick up utility potholes and design information. Deliverable: Project topographic base map Task 2 - 35% Plans, Specifications and Estimate We will focus on determining the best alignment of the new water mains during this task. Many factors will influence our recommendation including avoidance of conflicts with existing utility facilities, simplicity of layout, minimization of costs, and constructability. If there are alignment options, we will show them both for the City's consideration. A cost estimate will be prepared to get an early idea if the entire extent of the main can be constructed within the City's budget. The scope of work in this task is detailed below. 1. Layout horizontal locations of water mains and main connection stubs to side streets on the topographic base sheets. 2. Perform a site visit to review site conditions. 3. Prepare a project title sheet and project notes. 4. Prepare a preliminary construction cost estimate. 5. Submit the 35% plans, estimate package to City for their review. 6. Attend a job walk with the City to review the site discuss their comments and required revisions. 7. Revise and resubmit the plans and estimate to reflect the revised layouts. Deliverables: 2 sets of 35% Plans and the preliminary estimate. Task 3 - 50% Plans, Specifications and Estimate This task involves the advancement of the plans, specifications and estimate in the phases described above. A potholing plan will be proposed to accompany the 50% PS&E submittal so that we can identify any conflicts early in the 95% design phase before the expending too much budget. We will perform an initial quality control review during this phase to make sure the plans and specifications are well coordinated. The scope of work in this task is detailed below. 1. Prepare plan view sheets (no profiles at 50%). 2. Perform a site visit to review design issues. 3. Coordinate with outside utility companies. 4. Develop the title sheet and notes sheet. 5. Prepare detail sheets. 6. Update the construction cost estimate and make phasing modifications in the event that the estimated project cost exceeds the budget. 7. Prepare list of technical specifications based on the City's standard water specifications. December 17, 2021 Kevin Okada, P.E. Page 5 8. Coordinate design/progress with City. 9. Prepare pothole plan. 10. Perform a QA/QC review and make associated revisions. 11. Submit the 50% PS&E package to City for their review. 12. Attend a meeting with the City to discuss their comments and desired revisions. Deliverables: 2 sets of the 50% Plans, specifications, estimate and pothole plan Task 4 - 95% Plans, Specifications and Estimate This task involves the development of the plans, specifications and estimate with all of the information needed to construct the project. All design issues will be resolved and utility conflicts will be checked by potholing. The estimate will be detailed with individual bid items to provide the City with the flexibility during construction to make changes as desired while paying for only competitively bid unit prices. We will perform an internal quality control review during this phase to make sure the plans and specifications are well coordinated. The scope of work in this task is: 1. Incorporate 50% Design Comments from City. 2. Advance design to 95% level of completion. 3. Prepare profile views. 4. Site visits as needed to review design issues. 5. Coordinate with utility companies 6. Update the construction cost estimate/bid schedule. 7. Prepare technical specifications. 8. Coordinate design/progress with City. 9. Prepare contract book "Front End", including Invitation, General and Special Provisions. 10. Perform a QA/QC review and make revisions as necessary. 11. Submit the 95% plans, specifications and estimate package to City for their review. 12. Attend a meeting with the City to discuss their comments and desired revisions. Deliverables: 2 sets of the 95% Plans, specifications, and estimate Task 5 - 100% Plans, Specifications and Estimate This task will focus on incorporating the City's review comments on the 95% PS&E, and performing our final quality control review. The 100% PS&E package will be bid ready after completion of this task. The scope of work in this task is detailed below. 1. Perform the final revisions to the plans, specifications and estimate to address the City's review comments and perform final quality control review. 2. Re -submit final package to City for approval. 3. Coordinate design/progress with City. Deliverables: 2 sets of the 100% Plans, specifications, estimate and bid package for reproduction of the bid sets December 17, 2021 Kevin Okada, P.E. Page 6 Task 6 — Service Line Replacements (up to 50) Task 6 includes: 1. Prepare plan sheets from City GIS base mapping to show the 50 service replacements and addresses, water infrastructure, curbs, property lines and background satellite imagery. 2. Prepare a table of addresses for replacements and details for service replacements to be included in the details sheets. Deliverables: Additional plan sheets, details and bid items to be incorporated into the PS&E. Task 7 — Repackage Previous Design Plans As discussed we have included a budget allowance for repackaging the water mains previously designed and then `shelved' for future construction. This budget will be used to update sheet numbering, detail references, notes, title blocks, estimates, specifications, minor design changes, etc. in order to include these `shelved' designs in a current plan set. Deliverables: Previous Design Plans Incorporated into new Construction Document Package. Task 8 - Bid Services Wilsey Ham will provide assistance during the bidding process to ensure that questions from contractors are answered. If changes or additional information is necessary as a result of contractor inquiries, bid addenda will be issued as required to clarify the design intent. The scope of work in this task is detailed below. 1. Attend the pre -bid meeting and answer contractor questions. 2. Respond to contractor Question's & issue bid addenda as necessary. Deliverables: Bid addenda as necessary Assumptions and Exclusions The following assumptions and exclusions were made in the preparation of this proposal in effort to define our scope of work. 1. The RFP identified the required diameter for each new water main, so we understand that water system modeling is not required in our scope of work. 2. The desired pipe material is specified as either PVC or ductile iron. From our experience working on City water projects, we are familiar with the typical applications for each pipe material and the standard corrosion protection measures implemented by the City when ductile iron pipe is used. Therefore, we have not included any services for corrosion investigations or design. 3. We have included a reasonable amount of potholing budget for each project. If through the design process it is agreed by the City that additional potholing should be conducted, additional fees will be required. Pothole HMA T-Cut patch warranty is 2 years, HMA cold patch warranty is 1 year. December 17, 2021 Kevin Okada, P.E. Page 7 4. Only those tasks specifically described herein are included in this proposal. Any other requested work will be performed on a time and materials basis. Fee and Schedule Wilsey Ham's fee for the foregoing described Scope of Services is estimated to be approximately $327,803 on a time and materials basis in accordance with the attached Charge Rate Fee Schedule. We will not exceed this amount without your prior authorization. Work can be completed on a mutually agreed upon schedule. The time of performance will commence upon execution of this agreement and will end June 30, 2024. Authorization You may authorize Wilsey Ham to proceed in accordance with this proposal and the City of Burlingame's Contract Provisions by returning a City standard contract. Work will commence upon receipt of a City purchase order and a Notice to Proceed. We appreciate the opportunity to participate on your project. Very truly yours, WILSEY HAM A California Corporation *O,WLL90'- , Brandon Davis Executive Vice President RCE: C61024 Attached: Fee Estimate 2022 Charge Rate Fee Schedule Map from RFP Preliminary Alignment Layouts City of Burlingame Burligame Terrace Neighborhood Water Main Improvements - City Project xxxxx Fee Proposal 12/17/2021 Brandon Bruce Cameron Darrin Paul PRINCIPAL SUPERVISING SENIOR ENGINEER SENIOR 2 PERSON REIM- TOTAL TOTAL ENGR./SRVR. ENG/SURV ENGINEER II 1 DESIGNER SURVEY CREW 1 SUB- BURSABLE WH TOTAL WH LABOR 1 TASK DESCRIPTION $275 HRS $247 HRS $221 HRS $197 HRS $173 HRS $284 HRS CONSULTANTS EXPENSES LABOR$ ALL$ HOURS Burl igame Terrace and Burlingame Park Subdivisions 1. Pre -Design Investigation Survey, Utility Locates, Potholing, Base Mapping 1 Kick-off 1,100 4 884 4 50 1,984 2,034 8 2 Records Research and Utility Maps 275 1 1,768 8 2,043 2,043 9 3 Control Surveys 1,482 6 221 1 1,384 8 6,816 24 432 9,903 10,335 39 4 Utility Mark -out by AGS 663 3 13,800 663 14,463 3 5 Topographic Surveys 1,976 8 2,076 12 29,536 104 1,872 33,588 35,460 124 6 Approximate Right-of-way from Record 988 4 1,384 8 2,372 2,372 12 7 Base -mapping 1,482 6 6,920 40 8,402 8,402 46 8 QA/QC 1,482 6 1,482 1,482 6 9 Potholing by Exaro (@ start of 95%) 275 1 442 2 35,075 717 35,792 3 10 Supplemental Survey- 2 days (@ Start of 95%) 247 1 442 2 5,680 20 360 6,369 6,729 23 1,650 6 7,657 31 4,420 20 11,764 68 42,032 148 48,875 2,714 67,523 119,112 273 Subtotal 2. 35% Plans and Estimate 1 Layout Water Mains 550 2 3,094 14 3,940 20 7,584 7,584 36 2 Site Visit 1,105 5 1,576 8 50 2,681 2,731 13 3 Title Sheet 221 1 197 1 173 1 591 591 3 4 Preliminary Estimate 275 1 884 4 1,576 8 2,735 2,735 13 5 Submit 275 1 442 2 394 2 1,111 1,111 5 6 Job Walk with City 1,326 6 3,940 20 5,266 5,266 26 7 Revise/Resubmit Plans, Estimate 550 2 1,768 8 1,970 10 4,288 4,288 20 8 QA/QC 1,100 4 1,100 1,100 4 2,750 10 8,840 40 13,593 69 173 1 50 25,356 25,406 120 Subtotal 3. 50% PS&E 1 Prepare Plan View Sheets 825 3 3,094 14 3,940 20 2,768 16 10,627 10,627 53 2 Perform Site Visit to review design issues 1,326 6 1,182 6 25 2,508 2,533 12 3 Coordinate Utilities 1,768 8 1,768 1,768 8 4 Develop Title Sheet and Notes 221 1 346 2 567 567 3 5 Prepare Detail Sheets 221 1 692 4 913 913 5 6 Update Cost Estimate 275 1 884 4 1,576 8 1,038 6 3,773 3,773 19 7 Specifications Listing 221 1 394 2 615 615 3 8 Design Coordination 1,100 4 884 4 1,984 1,984 8 9 Prepare pothole Plan 275 1 1,768 8 788 4 2,076 12 4,907 4,907 25 10 QA/QC Review 1,375 5 1,768 8 1,576 8 1,384 8 6,103 6,103 29 11 Submit 50% PS&E w/ Pothole Plan 275 1 442 2 394 2 346 2 200 1,457 1,657 7 12 Meet with City 825 3 663 3 25 1,488 1,513 6 4,950 18 13,260 60 9,850 50 8,650 50 250 36,710 36,960 178 Subtotal WILSEYN HAM Engineering, Surveying & Planning City of Burlingame Burligame Terrace Neighborhood Water Main Improvements - City Project xxxxx Fee Proposal 12/17/2021 Brandon Bruce Cameron Darrin Paul PRINCIPAL SUPERVISING SENIOR ENGINEER SENIOR 2 PERSON REIM- TOTAL TOTAL ENGR./SRVR. ENG/SURV ENGINEER II DESIGNER SURVEYCREW SUB- BURSABLE WH TOTAL WH LABOR TASK DESCRIPTION $275 HRS $247 HRS $221 HRS $197 HRS $173 HRS $284 HRS CONSULTANTS EXPENSES LABOR $ ALL $ HOURS 4. 95% PS&E 1 Incorporate 50% Design Comments from City 1,100 4 3,536 16 4,728 24 3,460 20 12,824 12,824 64 2 Advance Design to 95% Level 1,650 6 6,188 28 9,456 48 8,650 50 25,944 25,944 132 3 Prepare Profile Views 6,188 28 9,062 46 15,250 15,250 74 4 Perform Site Visit to review design issues 884 4 1,576 8 50 2,460 2,510 12 5 Coordinate Utilities 1,768 8 1,768 1,768 8 6 Update Cost Estimate/Bid Schedule 825 3 3,536 16 3,546 18 7,907 7,907 37 7 Prepare Technical Specifications 1,650 6 3,536 16 2,364 12 7,550 7,550 34 8 Design Coordination 825 3 1,326 6 591 3 2,742 2,742 12 9 Prepare Front End Specs 550 2 1,768 8 1,576 8 1,384 8 5,278 5,278 26 10 QA/QC Review 4,400 16 3,094 14 3,152 16 2,768 16 13,414 13,414 62 11 Submit 90% PS&E w/ Pothole Plan 221 1 394 2 346 2 300 961 1,261 5 12 Meet with City 663 3 591 3 25 1,254 1,279 6 Subtotal 11,000 40 32,708 148 37,036 188 16,608 96 375 97,352 97,727 472 5. 100% PS&E 1 Finalize PS&E to address comments 1,100 4 3,094 14 3,940 20 2,768 16 10,902 10,902 54 2 Submit Final Bid Package (100% PS&E) 442 2 394 2 346 2 450 1,182 1,632 6 3 Design Coordination 884 4 788 4 25 1,672 1,697 8 1,100 4 4,420 20 5,122 26 3,114 18 475 13,756 14,231 68 Subtotal 6. Service Line Replacements (up to 50) 1 Service Line Replacement Plan 550 2 884 4 1,182 6 1,730 10 100 4,346 4,446 22 2 Details and Address Table Subtotal 550 2 884 4 1,576 8 1,903 11 100 4,346 4,446 22 7. Repackage Previous Design Plans 1 Repackage Previous Design Plans Allowance 1,650 6 4,420 20 7,880 40 10,380 60 670 24,330 25,000 126 Subtotal 1,650 6 4,420 20 7,880 40 10,380 60 670 24,330 25,000 126 8. Bid Services 1 Attend Pre -bid Meeting 825 3 663 3 50 1,488 1,538 6 2 Coordination and Addenda 825 3 1,326 6 1,182 6 50 3,333 3,383 15 1,650 6 1,989 9 1,182 6 100 4,821 4,921 21 Subtotal Grand Total 25,300 92 7,657 31 170,941 321 176,239 387 152,592 304 42,032 148 48,875 1 4,734 1274,194 327,803 1,280 Notes: 1. The amounts may vary between tasks and individuals but the Grand Total amount will not be exceeded without approval of the Client. 2. Total AII$ includes subconsultants and reimbursable costs. 3. Hourly rates effective through December 31, 2022 and subject to revision annually thereafter. 4. All positions may not be shown. If a position is not shown the Charge Rate Fee Schedule will govern. WILSEYN HAM Engineering, Surveying & Planning EXHIBIT A Phase 4 - Burlingame Terrace Neighborhood Water Main Improvements P ,r JG� \ O i \� q l- ty���eoROGO NFGCpep 4 C Nz- -1 i �P Q- �Q n Pv CITY OF HILLSBOROUGH Z 0 Phase 1 - El Camino Real (5300 LF) Z o z � Phase 2 - Burlingame Heights and q Burlingame Park Subdivisions (6300 LF) �Aq Phase 3 - Glenwood Park Subdivision F ��y ➢� and Neighborhood (6720 LF) 9L \ Phase 4 -Burlingame Terrace Neighborhood (6650 LF) — — -- City Limit ) \ 12/17/2021 "I �\\\\\S�r �O O�� \ I LH INVISIBL — E� _ X H INV�SIBL_ _ RIED JT. L BU W _ t — W W I / I W _ W , / W W W W ---------------------- I I -- -- - -- - -- - PHASING KEY W _ W Ink a �- PHASE 1 - EL CAMINO REAL (3300LF) P, ad 7 Q _ _ / / / PHASE 2 - BURLINGAME HEIGHTS AND BURLINGAME ' PARK SUBDIVISIONS 6300LF I \ , v \ _ PHASE 3 - GLENWOOD PARK SUBDIVISION AND NEIGHBORHOOD (6720LF) W PHASE 4 - BURLINGAME TERRACE AND BURLINGAME I / — — PARK SUBDIVISIONS (6650LF) — z _ �Co m / — _ REVIEWED FOR CONFORMANCE WITH CITY OF BUR INGA E STANDARDS AND REQUIREMENTS APPROVAL FOR CONSTRUCTI I SUBJECT TO THE INFORMATION SHOWN HEREIN. THE CITY OF BURLI AME AND THE Q \ / I ' II I I I ' / / _ THAT UNDERMAY SIGNEEDXIS ARE ON OTHESE PPLANISLE FOR ANY ERR \ S OR OMISSIONS _ J / / ART MORIMOTO ASSISTANT PUBLIC WORKS DIRECTOR ! DATE _ — _ R.C.E. NO. 42634,E \ EXPIRES 03-31 —2012 ,ItLEGEND Project Mgr.: WILSEY HAM CITY O F BURLINGAME DESIGNED UNDER THE DIRECTION OF: SHEET Project Eng.: SAN MATEO COUNTY CALIFORNIA co Engineering, Surveying & Planning EXISTING WATER LINE Designer: m Checked By: 3130 La Selva Street, Suite 100 SOUTH EL CAMINO AREA EXISTING STORM DRAIN LINE Drawn By: San Mateo, CA 94403 WATER MAIN IMPROVEMENTS DESIGN: DATE: 650.349.2151 DRAWN: DATE: EXISTING SANITARY SEWER LINE wilse ham.com PRELIMINARY ALIGNMENTS cP NO. DATE ISSUE / REVISION DESCRIPTION BY BY DATE Y WH PROJ. NO. 140—XXX # CHECKED: DATE: PROJECT LOCATION MAP BURLINGAME TERRACE SUBDIVISION WATER MAIN REPLACEMENT PROJECT CITY PROJECT NO. 84893 BOG wq�eo O MgTF Gp� J� Ropo wFGp � q C �o �F11 9 �' war 0 q VF y PJ� ,� you AFSFgst (V C� 92T9 FY �P1 �G ND ♦� � � \ Ao P� 9L� �920 �,� / pF C 4,1 ORE 2l �Q 4 Jam" �Q S Q / CITY OF HILLSBOROUGH Phase 4 - Burlingame Terrace Subdivision Water Main Replacement Project (6,650 LF) ------- City Limit HWT WALE A iix& BURLINGAME STAFF REPORT AGENDA NO: 8c MEETING DATE: May 16, 2022 To: Honorable Mayor and City Council Date: May 16, 2022 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Michael Heathcote, Deputy Director of Public Works Operations — (650) 558-7670 Subject: Adoption of a Resolution Approving the Procurement of an Aerial Lift Vehicle for the City's Fleet System as Part of the FY 2021-22 Vehicle Replacement Program in the Amount of $409,069.63 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the procurement of an Aerial Lift vehicle for the City's fleet inventory for a total price of $409,069.63. BACKGROUND The Fleet Division of the Public Works Department is responsible for vehicle maintenance services of the City's fleet and for managing the Vehicle Replacement Program in a sustainable and effective manner to ensure the City's fleet is in good operating condition. The Fleet Division has identified the existing 2009 aerial lift vehicle used by the Parks Department as due for replacement. The existing vehicle will be replaced by a new International MV607 with Altec Model LR8-60RM articulating over center aerial device with JEMS LE hybrid system. As part of the City's Climate Action Plan (CAP) to lower greenhouse gasses, staff performed a comprehensive analysis of available electric vehicles (EV) for replacing the fleet's traditional gas and diesel powered vehicles. For this vehicle, a hybrid option was chosen for the auxiliary operations, which power the areal lift portion of the truck without having the diesel fuel engine running. DISCUSSION Staff solicited competitive proposals from aerial lift manufacturers. It is important to note that there are very few manufacturers that produce the aerial lift. The City received two bid proposals, one from Altec in the amount of $409,069.63 with all requested features, and another from Terex in the amount of $203,317 with limited features. Staff reviewed the proposals and found that Altec provided all of the features that satisfy the needs of the Parks Department, in addition to providing the hybrid auxiliary operation option to lower greenhouse emissions. Although Terex's proposal was lower, it did not meet the operational needs of the Parks Department. The Terex model does 1 Resolution Approving the Procurement of One Vehicle for the City's Fleet System May 16, 2022 not have a 90-degree platform rotation, which is essential for tree trimming operations. Additionally, staff performed a reference check of the Terex model, and the reviews related to operations and reliability of the equipment were not favorable. The Altec model provides the platform rotation, which allows staff to safely reach branches of trees that would otherwise not be accessible. Additionally, staff has been using the Altec aerial lift for a while, trusts its reliability, and is familiar with operating the equipment. With the hybrid system, the vehicle engine will automatically shut off to prevent vehicle idle, which will reduce diesel exhaust emissions, noise, fuel, engine maintenance, and engine wear and tear. The hybrid system's 8.8 kWhr batteries will allow the tree crew to operate the aerial lift up to six hours continuously. Estimates show fuel savings of 1,944 gallons a year and a reduction of 19.5 metric tons of CO2 emissions annually. Altec's proposal of $409,069.63 for the aerial lift truck with the hybrid option is $109,069.63 over the previously estimated budget of $300,000. The cost increase is due to supply shortages, inflation, and delay in manufacturing. Additionally, this vehicle will not be ready and delivered until mid-2026. FISCAL IMPACT The City Council has previously approved $300,000 for the replacement of this aerial lift vehicle as part of the FY 2021-2022 budget from the Equipment Maintenance Replacement Fund. Staff requests the City Council approve an additional $109,069.63 for the purchase of this vehicle with the hybrid system. The total amount to be appropriated for this purchase is $409,069.63 from the Fleet capital outlay, which has adequate funds to purchase this equipment. Exhibits: • Resolution • Proposals 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE PROCUREMENT OF AN AERIAL LIFT VEHICLE FOR THE CITY'S FLEET SYSTEM IN THE AMOUNT OF $409,069.63, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROCUREMENT WHEREAS, the Fleet Division of the Public Works Department is responsible for vehicle maintenance services of the City's fleet, and for managing the Vehicle Replacement Program in a sustainable and effective manner to ensure the City's fleet is in good operating condition; and WHEREAS, the Fleet Division has identified an existing 2009 aerial lift vehicle used by the Parks Department as due for replacement; and WHEREAS, staff solicited competitive proposals and received two proposals, one from Altec in the amount of $409,069.63 with all requested features, and another from Terex in the amount of $203,317 with limited features; and WHEREAS, the proposal from Terex was lower but did not meet the operational needs of Parks staff due to its lack of a 90-degree platform rotation, which is essential for tree trimming operations, and upon further review the Terex model did not result in favorable reviews related to operations and reliability of the equipment; and WHEREAS, Altec's proposal meets the needs of Parks staff, including the platform rotation that allows staff to safely reach branches of trees that would otherwise not be accessible and provides a hybrid auxiliary operation option to lower greenhouse gas emissions; and WHEREAS, staff recommends procuring the 2026 International MV607 with Altec Model LR8-60RM articulating over center aerial device with JEMS LE hybrid system. NOW, THEREFORE, BE IT RESOLVED, and ORDERED, that Altec submitted a proposal that meets the needs of City staff and will help reduce the City's carbon footprint, and their proposal is approved and adopted; and BE IT FURTHER RESOLVED that the proposal for said purchase in the amount of $409,069.63 is accepted, and the City Manager or her designee is authorized to execute the procurement. Ricardo Ortiz, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16t" day of May, 2022, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk Altec Proposal Quote Number: 837234-5 fi m Opportunity Number: 1630112 Altec Industries, Inc. Sourcewell Contract #: 012418-ALT Date: 12/10/2021 Quoted for: City of Burlingame Customer Contact: Phone: / Email: Quoted by: Mike Blackmon Phone: 919-528-8058 / Email: mike.blackmon@altec.com Altec Account Manager: Steven Ankney REFERENCE ALTEC MODEL Sourcewell Price LR856RM I Overcenter Articulating Aerial Device Insulated $179,294 (A.) SOURCEWELL OPTIONS ON CONTRACT (Unit) 1 ------------ LR856RM-EDC1 Engine Start/Stop With Secondary Stowage System $3,114 21 LR856RM-US60 60' Boom Height (LR860-RM) $1,963 3 (Al.)SOURCEWELL OPTIONS ON CONTRACT General 1 LTC LOWER TOOL CIRCUIT $467 2 SPOT6 Remote Spot Light, LED, Permanent Mount, With Wireless Remote (QTY 2) $1,774 3 SPOT4 SIX (6) POINT STROBE SYSTEM (LED) $1,015 4 VCAM Backup Camera System $1,092 5 JEMS-LE JEMS LE Jobsite Anti -Idle - Compatible with AA, AN, AM, L, LR, and TA Models $50,920 6 JEMS-EOAC JEMS Engine -Off Air Conditioning $4,762 7 JEMS-EOH IJEMS Engine -Off Heat $701 81 JEMS-LE-JC IJEMS LE Mobile/Jobsite Charge $5,216 91 JEMS-ACPC IJEMS 25ft Adapter Cord for 110-120VAC For Plug -In Charging $589 SOURCEWELL OPTIONS TOTAL: $250,907 (B.) OPEN MARKET ITEMS (Customer Requested) 11 UNIT 24" x 30" Plat. w/ Tilt/Rotate, Speed Control, Heavy Duty Cylinders, Hybrid Pre $15,203 2 UNIT & HYDRAULIC ACC Frame Mounted Hydraulic Tank ILO Contract Tank $3,627 3 BODY Custom Aluminum Flatbed and T-Box with Extra Storage Boxes ILO Contract Body $19,466 4 BODY & CHASSIS ACC Frame Rail Storage, Fire Extinguisher, Triangle/Flare kit, Combo Hitch, Alum Cab Guard $4,462 5 ELECTRICAL Custom Lighting, Directional Light Bar, PDM (Required for Engine Start/Stop) $12,088 6 FINISHING JEMS Ext. Warranty (HVIP Requirement) and 12 Month Access $3,200 7 CHASSIS MY2026 300HP International MV607 ILO Contract Chassis $10,339 81 OTHER JAItec MY2025 Pricing $21,148 OPEN MARKET OPTIONS TOTAL: $89,533 SUB -TOTAL FOR UNIT/BODY/CHASSIS: $ 340,440.00 MY 2025 to 2026 Difference Estimate: $ 27,235.00 CA Doc/Admin Fees: $ 125.00 Estimated Taxes (9.5%): $ 34,929.13 CA Tire Fee: $ 10.50 Delivery to Customer at $2.20 / mile: $ 6,330.00 TOTAL FOR UNIT/BODY/CHASSIS: $ 409,069.63 "Pricing valid for 45 days" NOTES PAINT COLOR: White to match chassis, unless otherwise specified WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for travel charges (Mobile Service) Limited Lifetime Structural Warranty. Chassis to include standard warranty, per the manufacturer. TO ORDER: To order, please contact the Altec Account Manager listed above. CHASSIS: Per Altec Commercial Standard DELIVERY: No later than XXX days ARO, FOB Customer Location TERMS: Net 30 days BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In -Service Training with Every Order. TRADE-IN: Please ask your Altec Account Manager for more information BUILD LOCATION: Creedmoor, NC Chassis pricing should be considered budgetary only and is subject to change when specific model year pricing becomes available from the OEM. Sourcewell - Burlingame LR8-60RM 837234-5 NOTE: ALL COMPARTMENTS SHOWN WITH OUTSIDE DIMENSIONS. (ACCESS OPENING IS NARROWER UNLESS OTHERWISE SPECIFIED.) 12' TRAVE BASE FRAM UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - CHASSIS MAKER: INTERNATIONAL CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. NOTE: ANY CHANGES MAY AFFECT PRICE RETURN OF APPROVAL PRINT REQ'D BY BY: DATE: _ RA" Dl=nFQTO I 14 F:TC.14T REVISIONS REV I DESCRIPTION I DATE I DRA EC # ORG I A nn A All I A I 1 1r-AMrM Mf-% STOW in CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND ARE "9 Q Altec Industries, Inc. NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS o 210 Inverness Center Drive DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE Birmingham, AL 35242 SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE TITLE: RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO PROPOSAL DRAWING USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT **ALTEC BODY MODEL** RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS & SHARP "a E DATE SHEET scA E size NUMBER REV EDGES, ALL DIMENSIONS ARE IN INCHES. DRAWN BY: J.PLAXTON oai2ai2o2i 1 OF g j :32 2 991269632 A CAD SOFTWARE: SOLIDWORKS. CHECKED BY: NOTE: CS COMPARTMENT WIDTHS SAME AS SS. OVAL STROBE EACH SIDE PLATFORM ACCESS LADDER PLATFORM REST I" 1 V L/ I LPl r _J EACH SIDE /_M A M 11 RAB HANDLES SIDE ACCESS RIGID STEP (LOWEST FA INSTALL) PVC SHOVEL STORAGE X3 FRONT SUPPORTS W/ STROBES EACH SIDE GRILL MOUNTED STROBES EACH SIDE CONE HOLDER ]EMS A/C ENCLOSURE JEMS BATTERY ENCLOSURE O/R PAD HOLDER W/ PENDULUM RETAINERS EACH SIDE UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND ARE NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT Q Altec Industries, Inc. o 210 Inverness Center Drive Birmingham, AL 35242 TITLE: * PROPOSAL DRAWING ALTEC BODY MODEL CHASSIS MAKER: INTERNATIONAL NOTE: ANY CHANGES MAY AFFECT PRICE RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 RETURN OF APPROVAL PRINT REQ'D BY: - BY: DATE: NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS & SHARP EDGES, ALL DIMENSIONS ARE IN INCHES. CAD SOFTWARE: SOLIDWORKS. NAME DATE SHEET SCALE e NUMBER Rev DRAWN BY: P`AXTON 04,28,2O OF 8 1:32 2 991269632 A CHECKED BY: I - H2 STROBE W/ BRUSH GUARD UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - CHASSIS MAKER: INTERNATIONAL CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 REMOTE SPOT LIGHT BACKUP CAS FRAME Ri ICC Bl SAFET COMBO LJr LLB r-l1V I LL I Il 1 APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. NOTE: ANY CHANGES MAY AFFECT PRICE RETURN OF APPROVAL PRINT REQ'D BY: BY: DATE: V, IRM iT CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND AREr9i Q o Altec Industries, Inc. NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS 210 Inverness Center Drive DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE Birmingham, AL 35242 SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE TITLE: RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO PROPOSAL DRAWING USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT **ALTEC BODY MODEL** RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS & SHARP NAME I DATE I SHEET i SCALE I SIZE I NUMBER I REV EDGES, ALL DIMENSIONS ARE IN INCHES. DRAWN BY: I J.Pl-,kXTON oa zB zozl 3 OF 8 1 .2Jr 2 991269632 A CAD SOFTWARE: SOLIDWORKS. CHECKED BY: NOTE: T-BOX SS COMPARTMENT DEPTH IS 26.511 & THE CS IS 18". 95 1/2" UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - CHASSIS MAKER: INTERNATIONAL CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. NOTE: ANY CHANGES MAY AFFECT PRICE RETURN OF APPROVAL PRINT REQ'D BY: BY: DATE: f-T r1 A /"/"re-f- \A/ / LJrAFM\l L-rAL/L r\/-%%-f\ [ DTH CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND AREr9i Q o Altec Industries, Inc. NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS 210 Inverness Center Drive DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE Birmingham, AL 35242 SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE TITLE: RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO PROPOSAL DRAWING USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT **ALTEC BODY MODEL** RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS & SHARP NAME I DATE I SHEET i SCALE I SIZE I NUMBER I REV EDGES, ALL DIMENSIONS ARE IN INCHES. DRAWN BY: I J.Pl-,kXTON oa zB zozl 4 OF 8 1.3� 2 991269632 A CAD SOFTWARE: SOLIDWORKS. CHECKED BY: UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - CHASSIS MAKER: INTERNATIONAL CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. NOTE: ANY CHANGES MAY AFFECT PRICE RETURN OF APPROVAL PRINT REQ'D BY: BY: DATE: CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND ARE Q o Altec Industries, Inc. NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS 210 Inverness Center Drive DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE Birmingham, AL 35242 SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE TITLE: RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO PROPOSAL DRAWING USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT **ALTEC BODY MODEL** RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. NAME DATE NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS &SHARP SHEET SCALE SIZE NUMBFR REV EDGES, ALL DIMENSIONS ARE IN INCHES. DRAWN BY: RuxTON oa zB zozl 5 OF 8 1:37.5 1 2 991269632 A CAD SOFTWARE: SOLIDWORKS. CHECKED BY: I - UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - CHASSIS MAKER: INTERNATIONAL CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. NOTE: ANY CHANGES MAY AFFECT PRICE RETURN OF APPROVAL PRINT REQ'D BY: BY: DATE: y t � � ti* r ' �1w " IN CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND AREr9i Q o Altec Industries, Inc. NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS 210 Inverness Center Drive DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE Birmingham, AL 35242 SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE TITLE: RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO PROPOSAL DRAWING USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT **ALTEC BODY MODEL** RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS & SHARP NAME I DATE I SHEET SCALE I SIZE NUMBER REV EDGES, ALL DIMENSIONS ARE IN INCHES. IDRAWN BY: I J.Pl-,kXTON oa zB zozl 6 OF 8 ;37.5 2 991269632 A CAD SOFTWARE: SOLIDWORKS. CHECKED BY: UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - CHASSIS MAKER: INTERNATIONAL CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. NOTE: ANY CHANGES MAY AFFECT PRICE RETURN OF APPROVAL PRINT REQ'D BY: BY: DATE: CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND ARE Q o Altec Industries, Inc. NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS 210 Inverness Center Drive DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE Birmingham, AL 35242 SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE TITLE: RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO PROPOSAL DRAWING USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT **ALTEC BODY MODEL** RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. NAME DATE NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS &SHARP SHEET SCALE SIZE NUMBFR REV EDGES, ALL DIMENSIONS ARE IN INCHES. DRAWN BY: RuxTON oa zB zozl 7 OF 8 1:37.5 1 2 991269632 A CAD SOFTWARE: SOLIDWORKS. CHECKED BY: I - UNIT: LR8-60 SUBBASE HEIGHT: - BODY CROSSMEMBERS: - FLATBED CROSSMEMBERS: - CHASSIS MAKER: INTERNATIONAL CHASSIS MODEL: HV607 CHASSIS YEAR: 2022 APPROVAL PRINT STAMP ❑ APPROVED ❑ APPROVED AS NOTED ❑ NOT APPROVED, CHANGE AS NOTED, RESUBMIT FOR APPROVAL. NOTE: ANY CHANGES MAY AFFECT PRICE RETURN OF APPROVAL PRINT REQ'D BY: BY: DATE: CONFIDENTIAL: THIS DRAWING AND ITS CONTENTS ARE THE PROPRIETARY AND CONFIDENTIAL INFORMATION OF ALTEC INDUSTRIES, INC., AND ARE mg, Q o Altec Industries, Inc. NOT TO BE REPRODUCED, COPIED, OR PUBLICLY DISCLOSED. IF THIS 210 Inverness Center Drive DRAWING IS PROVIDED TO A SOMEONE OUTSIDE ALTEC, IT IS DONE Birmingham, AL 35242 SO FOR THE LIMITED PURPOSE OF ASSISTING THAT RECIPIENT WITH A TECHNICIAL OR PRODUCT ISSUE. IN RECEIVING THIS DRAWING, THE TITLE: RECIPIENT AGREES TO MAINTAIN IT IN CONFIDENCE AND NOT TO PROPOSAL DRAWING USE IT BEYOND THE PURPOSE PREVIOUSLY STATED. RECIPIENT **ALTEC BODY MODEL** RUN NO.: AGREES NOT TO REPRODUCE, COPY, OR PUBLICLY DISCLOSE THIS DRAWING AND ITS CONTENTS. NOTES: DO NOT SCALE THIS PRINT, REMOVE ALL BURRS & SHARP NAME I DATE I SHEET SCALE I SIZE NUMBER REV EDGES, ALL DIMENSIONS ARE IN INCHES. IDRAWN BY: I J.Pl-AXT0N oa zB zozl 8 OF $ :37.5 2 991269632 A CAD SOFTWARE: SOLIDWORKS. CHECKED BY: Terex Proposal TEREX0 CUSTOMER ORDER ACKNOWLEDGEMENT Terex Utilities, Inc. - 3140 15th Avenue SE - Watertown, SD 57201- Phone: 605-882-4000 Revision 3 Date: 12/6/2021 Sourcewell 2022 Pricing Contract Number: 012418-TER (Ref. Quote #QU14229 - XTPro60 ORA) Quote Number: QU16792 Unit: XTPRO 60 CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 (650)558-7335 Attention: RICH HOLTZ Baseline Price (Ref. QU14229): $161,849 Open Market Items (Ref. QU16792): $41,468 Grand Total Each: $203,317 See Attached Options Page: Prices are subject to change until shipment. Applicable taxes and surcharges will be added. Taxes, shipping & handling and lead times are estimates and subject to change. Quoted prices are based on total quoted package and subject to change if all items not purchased. All prices quoted are in U.S. dollars unless otherwise specified. Payment by cash or certified check only. Chassis payment is due upon chassis receipt at our facility. Quote withdrawn after 30 days. Please ensure the accuracy of the specifications and drawings you provide. Changes made after receipt of order may incur additional charges. If you are trading equipment in, you warrant that: You have good title to the trade-in; it is free of all liens and encumbrances; all information you have provided related to the trade-in is true and correct. Terex purchased chassis through Terex preferred International Dealer will include at no additional cost a special tow package for 12 months/unlimited mileage to nearest International Dealership for a warrantable failure. Coverage limited to $550 per incident. Roadside assistance call 1-800-448-7825 Terex purchased chassis through Terex preferred Freightliner Dealer will include at no additional cost a special tow package for 12 months/unlimited mileage/KM extended towing coverage $550 cap FEX applies. Roadside assistance call 1-800-FTL-HELP Notes: 1) Delivery Terms are: CPT Destination 2) Terms: Net 30 days 3) Delivery days from receipt of order shall be 360 + Buyer hereby agrees to purchase the products in this quotation, subject to acceptance by Seller. Buyer has read and agrees to Seller's Terms and Conditions of Sale. Terex Utilities Inc. Accepted By: J9 &CPPc Sales Coordinator PO Number: ✓Yiaffiew .lVla!,o Account Manager &WARNING Cancer and Reproductive Harm www.P65 Wam1 ngs.ca.gov. Quantity: Grand Date: Options Date 12/6/21 Quote(s) # QU16792 Customer Name CITY OF BURLINGAME Customer PO # No. Description Selling Price Options: 1 Viatec 14.4 System $51 379 ❑ Add Option 2 $0 ❑ Add Option 3 $0 ❑ Add Option 4 $0 ❑ Add Option 5 $0 ❑ Add Option 6 $0 ❑ Add Option 7 $0 ❑ Add Option 8 $0 ❑ Add Option 9 $0 ❑ Add Option 10 $0 ❑ Add Option 11 $0 ❑ Add Option 12 $0 ❑ Add Option 13 $0 ❑ Add Option 14 $0 ❑ Add Option ® TEREX.. Total: Utilities TERMS AND CONDITIONS OF SALE TEREX SOUTH DAKOTA, INC./TEREX UTILITIES, INC. U.S. and CANADA (except Quebec) 1. Terms and Conditions. The provision by Seller to Buyer of any Equipment or Parts (collectively referred to as "Products") shall be exclusively governed by these Terms and Conditions of Sale ("Terms and Conditions") and Seller's sales order acknowledgement (collectively referred to as "Agreement"). This Agreement cancels and supersedes any and all terms and conditions previously issued by Seller and shall remain in effect unless and until superseded in writing by Seller. Acceptance of an order for Products by Seller shall be deemed to constitute a binding agreement between the parties pursuant to these Terms and Conditions and Buyer agrees that the order may not thereafter be countermanded or otherwise changed without the explicit prior written consent of Seller. No other terms and conditions shall apply, including the terms of any purchase order submitted to Seller by Buyer, whether or not objected to by Seller or whether or not such terms are inconsistent or conflict with or are in addition to these Terms and Conditions. These Terms and Conditions shall be deemed accepted by Buyer if any of the following occurs: (i) if confirmed by Buyer, (ii) if undisputed by Buyer within ten (10) days after receipt, or (iii) if Seller delivers Products to Buyer. Any communication construed as an offer by Seller and acceptance thereof is expressly limited to these Terms and Conditions. The Products are intended for industrial/commercial use by professional contractors and their trained employees and are not intended for use by consumers. 2. Terms of Payments. Payment for Products purchased by Buyer shall be made in accordance with any of the following terms, provided they have been previously arranged with and expressly approved by Seller in writing: (1) cash in advance; (2) confirmed, irrevocable letter of credit established in such amount and form and at such time and at such bank as shall be approved by Seller in respect of each order; (3) credit account purchases for which payment will be due and payable on net thirty (30) day terms, plus service and other charges applicable to past due amounts in accordance with Seller's written notices; or (4) other payment arrangements expressly approved by Seller in writing prior to or at the time the order is placed. If any Buyer credit account purchase is not paid in accordance with Seller's credit payment terms, in addition to any other remedies allowed in equity or by law, Seller may refuse to make further shipments without advance payment by Buyer. Nothing contained herein shall be construed as requiring Seller to sell any Products to Buyer on credit terms at any time, or prohibiting Seller from making any and all credit decisions which it, in its sole discretion, deems appropriate for Seller. Seller shall have the right, at its option, to charge interest on all amounts not paid when due and Buyer agrees to pay such interest calculated on a daily basis, from the date that payment was due until the Seller receives payment in full, at the rate of 1.5% per month or the maximum rate permitted by applicable law. Unless otherwise agreed in writing between Seller and Buyer, Seller may, in its sole discretion, increase or decrease the price of any Product, as Seller deems reasonably necessary, at any time prior to shipment and invoice Buyer for the same. If Buyer orders the chassis through Seller, the chassis payment is due upon receipt of chassis by Seller and the balance owed for the completed unit is due in accordance with agreed upon payment terms. When supplied by Buyer, Seller will inspect the chassis upon receipt and will notify Buyer of any chassis mounted components (including but not limited to fuel tanks, air tanks, battery boxes and exhaust systems) that require relocation. Buyer will be invoiced for such work upon completion of the finished Equipment. 3. Taxes and Duties. Unless otherwise noted, prices quoted do not include taxes or duties of any kind or nature. Buyer agrees that it will be responsible for filing all tax returns and paying applicable tax, duty, export preparation charge and export documentation charge resulting from the purchase of the Products. In addition, in the event any other similar tax is determined to apply to Buyer's purchase of the Products from Seller, Buyer agrees to indemnify and hold Seller harmless from and against any and all such other similar taxes, duties and fees. All prices quoted are U.S. dollars unless otherwise specified. The amount of any present or future taxes applicable to the sale, transfer, lease or use of the Products shall be paid by Buyer; or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate satisfactory to the applicable taxing authority proving that no such tax is due and payable upon such sale, transfer, lease or use. 4. Title, Property, Risk and Delivery. Unless otherwise stated in writing, for all intra-continental United States shipments, all prices and delivery are FCA, point of manufacture (Incoterms 2020); for all other shipments, all prices and delivery are FAS, named port of shipment (Incoterms 2020). Title and all risk of loss or damage to Products shall pass to Buyer upon delivery, as per Incoterms 2020. Any claims for loss, damage or delay in transit must be entered and prosecuted by the Buyer directly with the carrier, who is hereby declared to be the agent of the Buyer. Seller shall not be liable for any delay in performance of this agreement or delivery of the Products, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by a force majeure event described in Section 20 herein or any other cause beyond Seller's control. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within five (5) days after Buyer's receipt of shipment. Seller's responsibility for shipment shall cease upon delivery of the Products to the place of shipment, and all claims occurring thereafter shall be made to or against the carrier by Buyer. Delivery shall generally be 240 to 270 days after receipt by Seller of a signed Order, provided that, where applicable: (1) Seller receives the chassis a minimum of 90 days prior to scheduled delivery, (2) drawings are timely sent by Buyer and the approved drawings are returned to Seller by Buyer by the requested date, (3) all vendor -supplied components and Buyer -supplied accessories are received by Seller by the date necessary to comply with scheduled delivery. Seller shall not be liable for any delay in performance of this agreement or delivery of the Products, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by a force majeure event described in Section 20 herein or any other cause beyond 2 - Terex Utilities, Inc. Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 15 March 2021 Seller's control. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within fifteen (15) days after Buyer's receipt of shipment. Seller's responsibility for shipment shall cease upon delivery of the Parts and or Equipment to the place of shipment, and all claims occurring thereafter shall be made to or against the carrier by Buyer. 5. Delays Caused By Buyer. In the event of a delay in shipment or delivery due to delay by Buyer in furnishing delivery instructions, arranging a method of payment satisfactory to Seller, submitting valid import permits or licenses, or any other delay caused by Buyer or at Buyer's request, if the Products are not shipped or delivered within five (5) days from the first date they are ready to be shipped or delivered, then Seller shall be entitled to charge, as compensation, any additional costs incurred related to such delay. If the Products are not shipped or delivered by the date which is ten (10) days from the first date they are ready to be shipped or delivered, then Buyer's order shall be deemed cancelled and Seller may, in its sole discretion, sell such Products to another buyer without any liability or responsibility to Buyer whatsoever. Seller shall have the right to keep payments on account already received from Buyer, and the difference between the sales price (increased by any other and all further costs, including but not limited to attorney's fees and expenses, storage and other costs, and interest accrued thereon) and the price received from another buyer shall constitute a debt of Buyer and bear interest at the same rate set forth in Section 2 herein. Seller shall be entitled to claim for any further damages suffered as a consequence of Buyer's breach of its obligations hereunder. 6. Cancellation. Prior to delivery to place of shipment, a Product order may be cancelled only with Seller's prior consent and upon terms indemnifying Seller from all resulting losses and damages. Seller shall have the right to cancel and refuse to complete a Product order if any term and/or condition governing this agreement is not complied with by Buyer. In the event of cancellation by Seller, or in the event Seller consents to a request by Buyer to stop work or to cancel the whole or any part of any order, Buyer shall, in the event that Seller asks Buyer to do so, make reimbursement to Seller, as follows: (i) any and all work that can be completed within thirty (30) days from date of notification to stop work on account of cancellation shall be completed, shipped and paid in full; and (ii) for work in progress and any materials and supplies procured or for which definite commitments have been made by Seller in connection with the order, Buyer shall pay such sums as may be required to fully compensate Seller for actual costs incurred, plus fifteen percent (15%). Buyer may not cancel any order after Seller's delivery to place of shipment. Orders for "Special" Equipment may not be cancelled after acceptance, except by Seller. Items of "Special" Equipment are those that differ from standard Seller specifications, have a limited market, or incorporate specifications that have been determined for a specific application. Determination of whether an item of Equipment is "Special" shall be made by Seller in its sole discretion. 7. Inspection and Acceptance. Buyer agrees that it shall inspect the Products immediately after receipt and promptly (in no event later than fifteen (15) days after receipt) notify Seller in writing of any non -conformity or defect. Buyer further agrees that failure to give such prompt notice or the commercial use of the Products shall constitute acceptance. Acceptance shall be final and Buyer waives the right to revoke acceptance for any reason, whether or not known by Buyer at the time of such acceptance. The giving of any such notice by Buyer shall automatically cause the provisions of Seller's warranty to apply and govern the rights, obligations and liabilities of the parties with respect to such nonconformity or defect, provided under no circumstances shall rejection give rise to any liability of Seller for incidental or consequential damages or losses of any kind. Seller shall not be bound by any agent's, employee's or any other representation, promise or inducement not set forth herein. Seller's catalogues, technical circulars, price lists, illustrations, drawings and any other similar literature are for Buyer's general guidance only and the particulars contained in them shall not constitute representations by Seller and Seller shall not be bound by them. 8. Warranty for New Products. Seller warrants its new Equipment and Parts manufactured and sold worldwide, to be free, under normal use and service, of any defects in material or workmanship for a period of twelve (12) months from the date of delivery (as limited by Seller's Limited Product Warranty); provided that Buyer sends Seller written notice of the defect within thirty (30) days of its discovery and establishes that: (i) the Equipment has been operated and maintained in strict compliance with Seller's operating and maintenance manuals ; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction of Buyer, its agents or employees and (2) a new machine registration certificate has been completed, signed and delivered to the Seller within thirty (30) days of the Equipment's "in-service" date. If requested by Seller, Buyer must return any defective Product to Seller's manufacturing facility, or other location designated by Seller, for inspection, and if Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. Failure to give written notice of defect within such period shall be a waiver of this warranty and any assistance rendered thereafter shall not extend or revive it. Accessories, assemblies and components included in the Products of Seller, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. This warranty shall not cover any item on which serial numbers have been altered, defaced or removed. Maintenance and wear parts are not covered by this warranty and are the sole maintenance responsibility of Buyer. This warranty is limited to the original purchaser or end -user if sold to a distributor, and is not assignable or otherwise transferable without written agreement of Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER'S PART. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's Products. This 3 - Terex Utilities, Inc. Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 15 March 2021 warranty shall not apply to any of Seller's Products or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by either party shall operate to extend or revive this limited warranty without prior written consent of Seller. 9. Warranty for Used Equipment. Used Equipment sold hereunder is sold on an "AS IS, WHERE IS, WITH ALL FAULTS" BASIS WITH NO WARRANTIES WHATSOEVER, EXCEPT AS TO TITLE, UNLESS OTHERWISE SPECIFICALLY AGREED IN WRITING BY BUYER AND SELLER. SELLER ASSUMES NO RESPONSIBILITY FOR THE CONDITION, SAFETY, LEGAL COMPLIANCE, OR USABILITY OF THE USED EQUIPMENT AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USED EQUIPMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION OF THE USED EQUIPMENT, NOR THE SUFFICIENCY OF ANY WARNINGS, INSTRUCTIONS OR MANUALS PROVIDED WITH THE USED EQUIPMENT. Seller recommends and Buyer acknowledges that Buyer should contact the original manufacturer to obtain all available information for the used Equipment, including but not limited to product manuals, warnings, safety bulletins, recall notices, and instructional placards before using the used Equipment. Seller shall not be responsible for providing such information. Buyer agrees not to assert any claims against Seller with respect to the used Equipment or its use. Buyer agrees that it shall inspect the used Equipment prior to issuance of a purchase order for such Equipment and acknowledges that it is not relying upon any photographs, images, videos, representations, statements or other assertions made by Seller with respect to the used Equipment's condition, but is relying upon its own knowledge and/or inspection of the used Equipment. 10. Remedies for Breach. IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, THE PARTIES AGREE THAT SELLER'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES OF REPAIR OR REPLACEMENT (AT SELLER'S SOLE DISCRETION) OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. In no event shall any repair or replacement of any defective equipment covered by the Seller's warranty extend the length of the warranty beyond the period specified in Section 8 herein. 11. Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, SELLER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR, AND SPECIFICALLY DISCLAIM, ANY LIABILITY FOR ANY: (A) LOST PROFITS AND/OR BUSINESS INTERRUPTION (WHETHER DIRECT OR INDIRECT); AND (B) INDIRECT, INCIDENTAL, CONSEQUENTIAL (WHETHER DIRECT OR INDIRECT) OR OTHER DAMAGES OR LOSSES OF ANY KIND WHATSOEVER, including, without limitation, labor costs, lost profits, loss of use of other equipment, third party repairs, personal injury, emotional or mental distress, improper performance or work, penalties of any kind, loss of service of personnel, or failure of Products to comply with any federal, state, provincial or local laws, regardless of whether arising from a breach of contract, or warranty, legal claims or otherwise. Nothing in this Section shall operate to exclude Seller's liability for death or personal injury when directly related to Seller's negligent act or omission. 12. Limitation of Actions. Any action for breach of this agreement must be commenced within one (1) year after the cause of action has accrued. 13. Specification Changes. In the event Seller incurs additional expense because of changes in specifications or drawings previously approved by Buyer, or in the event Seller is required to modify the ordered Equipment, perform any additional work or supply any additional Products, the additional expense shall be added to the purchase price. Buyer must submit to Seller a revised purchase order specifying any and all requested changes. Upon receipt of Buyer's revised purchase order, Seller shall have the right, in its sole discretion, to accept or reject any changes in specifications requested by Buyer. 14. Trade-in Offers. Trade-in offers are subject to Seller's inspection and acceptance of the equipment, which must have been maintained to U.S. Department of Transportation operating and safety standards. All accessories on the equipment, including without limitation jibs, winches, pintle hooks and trailer connectors, must remain with the equipment unless otherwise agreed by Seller and Buyer in writing. Seller reserves the right to cancel any trade-in offers or agreements if these conditions are not met, or if Buyer has misrepresented any information about the trade-in unit. 15. Insurance. Until the purchase price of any Products is paid in full, the Buyer shall provide and maintain insurance equal to the total value of the Equipment delivered hereunder against customary casualties and risks; including, but not limited to fire and explosion, and shall also insure against liability for accidents and injuries to the public or to employees, in the names of Seller and Buyer as their interest may appear, and in an amount satisfactory to Seller. If the Buyer fails to provide such insurance, it then becomes the Buyer's responsibility to notify the Seller so that the Seller may provide same; and the cost thereof shall be added to the contract price. All loss resulting from the failure to affect such insurance shall be assumed by the Buyer. 16. Patents, Copyrights, Trademarks, Confidentiality. No license or other rights under any patents, copyrights or trademarks owned or controlled by Seller or under which Seller is licensed are granted to Buyer or implied by the sale of Products hereunder. Buyer shall not identify as genuine products of Seller products purchased hereunder which Buyer has treated, modified or altered in any way, nor shall Buyer use Seller's trademarks to identify such products; provided, however, that Buyer may identify such products as utilizing, containing or having been manufactured from genuine products 4 - Terex Utilities, Inc. Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 15 March 2021 of Seller as treated, modified or altered by Buyer or Buyer's representative, upon prior written approval of Seller. All plans, photographs, designs, drawings, blueprints, manuals, specifications and other documents relating to the business of Seller ("Information") shall be and remain the exclusive property of Seller and shall be treated by Buyer as confidential information and not disclosed, given, loaned, exhibited, sold or transferred to any third party without Seller's prior written approval; provided, however, that these restrictions shall not apply to Information that Buyer can demonstrate: (a) at the time of disclosure, is generally known to the public other than as a result of a breach of this Agreement by Buyer; or (b) is already in Buyer's possession at the time of disclosure by from a third party having a right to impart such Information. 17. Default and Seller's Remedies. In the event of default by Buyer, all unpaid sums and installments owed to Seller, shall, at Seller's sole option, become immediately due and payable without notice of any kind to Buyer. In addition to its right of acceleration, Seller may pursue any and all remedies allowed by law or in equity, including but not limited to any and all remedies available to it under the Delaware Uniform Commercial Code. In addition to the foregoing, and not in limitation thereof, Seller shall have the right to set off any credits or amounts owed to Buyer against any amounts owed by Buyer to Seller. 18. Indemnification by Buyer. Buyer hereby agrees to indemnify, release, defend and hold harmless Seller, its directors, officers, employees, agents, representatives, successors, and assigns against any and all suits, actions or proceedings at law or in equity (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) and from any and all claims demands, losses, judgments, damages, costs, expenses or liabilities, to any person whatsoever (including Buyer's and Seller's employees or any third party), or damage to any property (including Buyer's property) arising out of or in any way connected with the performance or the furnishing of Products under this agreement, regardless of whether any act, omission, negligence (including any act, omission or negligence, relating to the manufacture, design, repair, erection, service or installation of or warnings made or lack thereof with respect to any Products furnished hereunder) of Seller, its directors, officers, employees, agents, representatives, successors or assigns caused or contributed thereto. If Buyer fails to fulfill any of its obligations under this paragraph or this agreement, Buyer agrees to pay Seller all costs, expenses and attorney's fees incurred by Seller to establish or enforce Seller's rights. The provisions of this paragraph are in addition to any other rights or obligations set forth in this agreement. 19. Installation. Unless otherwise expressly agreed in writing, Buyer shall be solely responsible for the installation and erection of the Products purchased. Although Seller may in some cases provide a serviceman, data and drawings to aid Buyer with installation or start-up, Seller assumes no responsibility for proper installation or support of any Products when installed and disclaims any express or implied warranties with respect to such installation and support. Notwithstanding whether data and drawings are provided or a serviceman aids in the installation, Buyer shall indemnify and hold Seller harmless and at Seller's request, defend Seller from all claims, demands or legal proceedings (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) which may be made or brought against Seller in connection with damage or personal injury arising out of said installation or start-up. 20. Force Majeure. Seller shall not be liable to Buyer or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of Seller's obligations in relation to the Products if the delay or failure was due to any cause beyond the reasonable control of Seller including (without limitation) strike, lockout, riot, civil commotion, fire, accident, explosion, tempest, act of God, war, epidemic, stoppage of transport, terrorist activity, supply shortage or changes in government, governmental agency, laws, regulations or administrative practices. 21. Anti -Corruption; Export Controls; No Boycotts. Buyer agrees that it shall, and that any party retained or paid by the Buyer ("Retained Party") shall, comply with all applicable laws including, but not limited to, laws prohibiting public corruption and commercial bribery. Buyer further agrees that it shall, and that any Retained Party shall, comply with all applicable export controls, economic sanctions, embargoes and regulations regarding the export, re-export, shipment, distribution and/or sale of Products, technology, information or warranty related services. Buyer further agrees that it shall not, and any Retained Party shall not, export or re-export Products, technology, information or warranty related services directly or with its knowledge indirectly into Iran, Sudan, Cuba, Syria, North Korea, the Crimea Region of the Ukraine or Russia without Buyer first obtaining written approval from Seller. Failure to comply strictly with this section and all applicable laws, regulations and licensing/approval requirements shall be grounds for immediate termination of this agreement by Seller. Notwithstanding anything to the contrary contained in any agreement between the Buyer and Seller or in any other document or agreement relating to the Products sold hereunder, Seller will not comply with requests related to the boycott of any country or other jurisdiction, except to the extent such boycott is required by or otherwise not inconsistent with United States law. 22. Telematics. If a telematics system is included with the Equipment, the telematics system is administered by a third party ("Teleservice Provider") and collects a range of operational data about the Equipment including, but not limited to, usage, performance and reliability. Buyer consents to Seller's obtaining such data from the Teleservice Provider for warranty, product improvement, marketing and customer support purposes and to Seller's management and reporting of data (personal and non -personal) about the Equipment including, but not limited to, fuel consumption, up/down times, operation, defects, parts replacement, movement and location. Buyer shall, to the extent required by applicable law, obtain consent from its customers and/or any third party for Seller and/or third parties to provide teleservices and data to Buyer. Buyer shall 5 - Terex Utilities, Inc. Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 15 March 2021 comply with all applicable laws relating to the provision of teleservices. Buyer agrees to be bound by the current version of the Terex Telematics Terms of Use at https://www.terex.com/en/products/telematics-tou. 23. Construction and Severability. These Terms and Conditions of Sale constitute the entire agreement between the parties regarding the subject matter hereof and shall be construed and enforced in accordance with the laws of Delaware. The United Nations Convention on Contracts for the International Sale of Goods (1980) (CISG) shall not apply. The invalidity or unenforceability of any provisions of this agreement shall not affect any other provision and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 24. Jurisdiction. The parties agree that the proper and exclusive forum and venue in all legal actions brought to enforce or construe any provisions herein shall be in United States District Court, District of Delaware or, if federal jurisdiction is lacking in such action, in New Castle County Superior Court in Delaware. 25. No Assignment. No rights arising under this agreement may be assigned by the Buyer unless expressly agreed to in writing by the Seller. 26. No Set-off. Buyer shall have no right to set-off any amounts it may owe Seller against amounts Seller may owe Buyer under this or any other agreement between Buyer and Seller. 27. Miscellaneous. Buyer represents that: (i) it is solvent and has the financial ability to pay for the Equipment and Parts purchased hereunder and (ii) it has all requisite right, power and authority to perform its obligations under this agreement. Buyer's Initials: 6 - Terex Utilities, Inc. Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 15 March 2021 ICI T E R E X. LIMITED PRODUCT WARRANTY TEREX Utilities, Inc. and TEREX South Dakota, Inc. (each a "Seller"), as to the equipment manufactured by each respective company, warrants its new equipment and parts manufactured and sold worldwide to be free, under normal use and service, of any defects in manufacture or materials for a period of 12 months from date of delivery to the first end user, but in no event longer than 18 months from date of shipment from the factory; provided that (1) Seller receives written notice of the defect within thirty (30) days of its discovery and Buyer establishes that (i) the equipment has been maintained and operated within the limits of rated and normal usage; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees, and (2) a new machine registration certificate has been completed and received by Seller within thirty (30) days of the equipment's "in-service" date. If requested by Seller, Buyer must return the defective equipment to Seller's manufacturing facility, or other location designated by Seller, for inspection, and if Buyer cannot establish that conditions (1) (i) and (1) (ii) above have been met, then this warranty shall not cover the alleged defect. Seller's obligation and liability under this warranty is expressly limited to, at Seller's sole option, repairing or replacing, with new or remanufactured parts or components, any part which appears to Seller upon inspection to have been defective in material or workmanship. Such parts shall be provided at no cost to the owner, FOB Seller's parts facility (Inooterms 2010). If requested by Seller, components or parts for which a warranty claim is made shall be returned to Seller at a location designated by Seller. All components and parts replaced under this warranty become the property of Seller. This warranty shall be null and void if parts (including wear parts) or attachments other than genuine OEM Seller parts or approved attachments are used in or attached to the equipment. Accessories, assemblies and components included in Seller's equipment, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. Normal maintenance, adjustments, or maintenance/wear parts, are not covered by this warranty and are the sole maintenance responsibility of Buyer. The following structural members have a lifetime parts only warranty for the original Buyer after date of shipment from Seller: sub frame, pedestal, turntable, and boom. Replacement of fiberglass jibs, seals, gaskets, hoses, and exterior coating is not covered under the lifetime warranty. The lifetime warranty requires an annual service inspection of the equipment by an authorized distributor of Seller. The sub frame, pedestal, turntable, and boom shall have a 5 year parts only warranty if the annual service inspection is performed by an approved entity other than an authorized distributor of Seller. All replacement parts must be genuine OEM Seller parts. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AS TO THE EQUIPMENT AND PARTS IT SUPPLIES. No employee or representative of Seller is authorized to modify this warranty unless such modification is made in writing and signed by an authorized officer of Seller. Seller's warranty is continuous for the stated period, and "stopping and restarting" such period is not permitted. Seller's obligation under this warranty shall not include duty, taxes, environmental fees, including without limitation, disposal or handling of tires, batteries, petrochemical items, or any other charges whatsoever. Seller shall not be liable for indirect, incidental, or consequential damages, even if advised of the possibility of such damages. Improper maintenance, improper use, abuse, improper storage, operation beyond rated capacity, operation after discovery of defective or worn parts, accident, sabotage or alteration or repair of the equipment by persons not authorized by Seller shall render this warranty null and void. Seller reserves the right to inspect the installation of the product and review maintenance procedures to determine if the failure is covered under this warranty. Parts Warranty: Seller warrants the parts ordered from the Seller to be free of defects in materials or workmanship for either (1) a period of 12 months after date of shipment from the factory, or (2) the balance of the remaining new equipment warranty, whichever occurs first. With respect to parts ordered from Seller for equipment for which the warranty has expired, Seller warrants such parts to be free of defects in materials or workmanship for a period of 12 months after date of shipment from the factory. NO TRANSFERABILITY OF WARRANTY: This warranty is limited to the original purchaser or original end -user if sold to a distributor, and is not assignable or otherwise transferable without the written agreement of Seller. rrEMS NOT COVERED BY WARRANTY The following listed items, which are not exhaustive, are NOT covered under this warranty: 1. Items sold by any individual, corporation, partnership or any other organization or legal entity that is not authorized by Seller to distribute its equipment. 2. Inbound freight, duty and taxes for replacement components or outbound freight, duty, and taxes for any part requested as a warranty return. 3. Components which are not manufactured by Seller or its affiliates. Such components may include, but are not limited to, chassis, engines, batteries, tires, customer -supplied products, transmissions, air compressors, and axles. 4. Replacement of a complete assembly that is field repairable by the replacement or repair of defective part(s) within the assembly. Seller has the option to repair or replace any defective part or assembly. 5. Wear parts and maintenance services including, but not limited to: lamps, lenses, seals, gaskets, hoses, filters, breathers, belts, nozzles, friction plates, glass, clutch and brake linings, wire rope, nuts and fittings, exterior coatings, proper tightening of bolts, adding or replacing of fluids, adjustments of any kind, services, inspections, diagnostic time, travel time and supplies such as hand cleaners, towels and lubricants. 6. Damage caused by carrier handling. Any such claim for damage should be filed immediately with the respective carrier. 7. Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for transportation of corrosive chemicals 8. Damage resulting to the equipment or parts should the owner or operator continue to operate the equipment after it has been noted that a failure has occurred. 9. Damage caused by, or labor or other costs related to, work performed by personnel not authorized by Seller to service the equipment. IN NO EVENT SHALL SELLER, OR ANY AFFILIATE, SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING FROM ANY BREACH OF WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, OR ANY TERMS OF THIS WARRANTY, OR ANY BREACH OF ANY DUTY OR OBLIGATION IMPOSED BY STATUTE, CONTRACT, TORT, COMMON LAW OR OTHERWISE (WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES, AGENTS OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS OR REVENUES, LABOR OR EMPLOYMENT COSTS, LOSS OF USE OF OTHER EQUIPMENT, DOWNTIME OR HIRE CHARGES, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, LOSS OF SERVICE OF PERSONNEL, LOSS OF CONTRACTOR OPPORTUNITY AND PENALTIES OF ANY KIND, PERSONAL INJURY, EMOTIONAL OR MENTAL DISTRESS, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY APPLICABLE LAWS. The Seller's liability to the Buyer shall not in any event exceed the purchase price of the equipment. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED AND ALL OTHER STATUTORY, CONTRACTUAL, TORTIOUS AND COMMON LAW OBLIGATIONS OR LIABILITY ON SELLER'S PART ARE HEREBY EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's equipment. In the event that any provision of this warranty is held unenforceable for any reason, the remaining provisions shall remain in full force and effect. TUFM105O Rev D 03-06-12 ❑tip TEREX, Terex Utilities, Inc. 3140 15t" Ave SE, Watertown, SD 57201 Phone: 605-882-4000 Fax: 605-882-1842 12/06/2021 Quotation Page 1 CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 Attention: RICH HOLTZ Qty. Description Phone: (650)558-7335 UNIT 1 One (1) new Terex Hi -Ranger XT PRO 60 insulated overcenter aerial device providing a working height of 65.0 ft (19.8 m) and a side reach of 45.0 ft (13.7 m) non-overcenter and 49.9 ft (15.2 m) overcenter. Design Criteria: * Design criteria is in accordance with current industry and engineering standards applicable and accepted for structural and hydraulic design. Boom Tip: Upper Controls: "Control -Plus" single stick controller. Maintenance free chain. Manual Platform Tilt Release: * Tilts perpendicular to the boom. * Allows the platform to be horizontally tilted for rescue or clean out. Dual Hydraulic Tool Outlets At Platform: * Dual hydraulic tool outlets at platform to accommodate two (2) open center hydraulic tools. * Tools cannot operate simultaneously. * Includes relief to limit pressure to 2250 PSI. * Flow is adjustable. Lower Boom: * Filament wound high strength fiberglass insert providing an insulation gap. * The lower boom is supported when stored by a boom rest. Upper Boom: * Filament wound tapered fiberglass boom providing a clear span insulation gap. Continuous & Unrestricted Rotation: * A hydraulic rotary manifold provides a rotating oil distribution system for continuous and unrestricted rotation. * Self-locking worm gear rotation drive is provided and equipped with bi-directional motor. * A 4-channel electric collector ring is provided. Lower Controls: Quotation QU16792-19 Page 2 Qty. Description * Individual control levers are provided and located in an accessible location on the turntable. * An upper/lower control selector provides override of platform controls. Outrigger Interlock: * To operate the boom the outriggers must be extended. Pedestal: * The pedestal is designed with access for maintenance of hydraulic plumbing. Rotation Bearing: * The rotation bearing is a heavy duty "shear -ball" bearing with external gear teeth utilizing polished alloy steel balls. * Both the inner and outer races are machined from high -strength alloy steel and are heat treated to provide maximum life. * High -strength, grade 8 bolts attach the inner and outer races to the pedestal and turntable. ANSI Rating: Aerial device is designed as a Category C machine in accordance and is dielectrically tested and rated for operation on systems up to 46 Kv phase to phase per ANSI/SIA A92.2-2015 Hydraulic System: * Full pressure, open center hydraulic system. * A external 40 gallon hydraulic oil reservoir is provided with a 60 mesh filter screen, baffles, 100 mesh suction screen with bypass, clean -out access hole, dipstick and shut off valve. * A 10 micron return line filter located in oil reservoir. * An in -line relief is also provided. * Hydraulic hoses are equipped with swaged hose fittings. Miscellaneous: * All metallic components of the complete aerial device are powder coat white. * The fiberglass upper boom, lower boom insert, and platforms are white. * Two complete manuals providing operation and maintenance procedures, and a replacement parts listing. * Warning decals are provided with unit. 1 Pedestal. ** ALTERED FROM STANDARD ** Hydraulic Platform Tilt: * Vendor PN: Q12447 R3 * Terex PN: TBD. 1 A safety harness with lanyard is provided for fall arrest. 1 A padded saddle rest provides platform support during road travel. ** ALTERED FROM STANDARD ** 24X30 PLATFORM LINER QU16792-19 Quotation Page 3 Qty. Description * EQR: Q12447 R3 * Terex PN: H25920 ** ALTERED FROM STANDARD ** 24x30x40-Inch PLATFORM * EQR: Q12447 R3 * Terex PN: 625023 1 Tie down kit. 1 Heavy Duty A -Frame Outriggers with swivel type stabilizer pads. (9283) 1 Heavy Duty A -Frame Outriggers with swivel type stabilizer pads. (9283) 1 Controls For 2-Sets Of Outriggers And Auxiliary Tool Outlets (Open center systems): * Recessed at rear of truck each side for ease of view for outrigger placement. * Includes switches and alarm for outrigger in motion alarm. 1 Outrigger Interlock: * To operate the boom the outriggers must be extended. 1 Subframe constructed with an open center. 1 Engine Two Speed Throttle Control and Auxiliary Let Down: * A two -speed engine throttle control is provided at the upper controls. * The chassis engine will advance to a pre-set speed when engaged and decrease to idle when disengaged. Engine Stop/Start controlled at platform and lower controls. Auxiliary Let Down for use with Open Center Hydraulics: * Allows for the descent of the boom (platform) in the most direct manner for a time limited by the duty cycle of the electric motor. *Includes 12 volt electric motor for use on a 12 volt chassis. Note: This includes a switch for activation at pedestal for electric or air function. 1 Terex Advanced Chassis Controller: * Multiplexed system to include: Controller, LCD Screen, Manual and Schematics. * Standard Options: Diagnostics, Status Screens, Event Log, Hours Meter, Selectable Button Labels, System Alerts and System Test. * Programmable settings allow installer t customize/select options need for their application. * Back-up Camera ready. * Screw terminal -type connections and enclosure to cover connections. * Recommended on Class 6 and above chassis with multiple outputs * The PTO hour is standard. The engine hour meter is standard (When available). This is a message we get from the truck Data link. All trucks except Ford give us the Engine hours. So if it's a Ford, we just display PTO hours. 1 As -Built JIC Hydraulic and Electrical Schematics Quotation QU16792-19 Page 4 Qty. Description 1 Pump: Fixed Gear and bi-directional * 8 GPM at 2750 PSI at 1200 RPM 1 American flag displayed on unit. 1 Factory Warranty ** ALTERED FROM STANDARD ** 1 BODY, INSTALLATION ** BODY INFORMATION ** 1 220-Inch Long x 96-Inch Wide ALUMINUM FLATBED AND ACCESSORIES * As per the attached Body Specifications. 1 Install Aerial Device Over Rear Axle And Install All Associated Components: * Final test and inspect completed unit including stability and dielectric testing per manufacturers requirements. 1 Hose and fittings to connect the hydraulic system from the oil reservoir to the pump and unit. 1 Platform rest, bottom base 1 Power take off with indicator light for automatic transmission. 1 DOT Inspection. 1 Set chassis parameters. 1 Back-up alarm to sound when the vehicle is shifted into reverse. 4 Laminated wood outrigger pad 24" x 24" x 2-1/4" with rope handle. * Includes outrigger pad storage. * Locate (2) under each side of Flatbed - under Streetside & Curbside -- Cabinets. 4 Pendulum style retainer. 2 Rubber wheel chocks with eye bolt. 2 Cone holder bracket, hoop shape type to be welded on a front bumper. * Locate on Front Bumper - (1) on each side. Quotation QU16792-19 Page 5 Qty. Description 1 Grab handles as necessary for 3-point contact. 2 Cable type gripstrut stirrup step. * Locate (1) under each side of Tailshelf Lightbar. 1 Access steps to platform from top of body or flatbed floor. 2 Mud flap with logo 30" tall. Note: Trim As -Required. 1 A mounting kit for under 45" flatbed frame height for a pair of mud flaps. 1 Tree trimmer cab guard constructed of tubing and heavy duty expanded metal, painted black. Includes curb side access steps to top of cab guard * No Access Steps to Cab Guard. 1 Channel bumper and skirt required for mounting a cab guard. 1 Boom rest for Aerial, H-frame style weldment used on A -frame, Radials or Out/Down outriggers, 36" wide. 1 Peterson LED 7-lamp DOT Lighting Package: * Complies with FMVSS 108. * Includes required lights, junction box and wiring harness. 1 Lighted license plate bracket kit with LED light. 4 Amber strobe light (LED) with 4" tall & 6" dia. lens, and branch guard. * Locate (1) under each Corner of Cab Guard. 4 Cab guard strobe mounting. 2 Truck-Lite 4" round LED work light. * Locate (1) under each side of Cab Guard - Facing Rear. 1 Remote engine stop/start And two speed control from rear of vehicle 1 Receiver tube weldment rear bumper for a 2" receiver. * Safety rings and reinforcement brackets Note: Does not include the receiver. 1 7-blade trailer socket. (RV style) Quotation QU16792-19 Page 6 Qty. Description 1 Heat shields, as required to protect hydraulic system from exhaust. 1 Oil tank mounting for external reservoirs. 45 Fill with Hydraulic oil for general purpose use. * Refer to the product maintenance manual for specific type to be used. 1 Safety Kit consists of the following: * 5-lb ABC fire extinguisher with bracket. * James King triangle reflector kit. 1 Rear view vision square light camera & 7" monitor system. 1 Paint body floor with non-skid paint. 1 Paint compartment top with non-skid paint. 1 Paint cab guard one color. * Note: specify color CHASSIS ** CHASSIS INFORMATION ** 1 FORD F750 4x2 REGULAR CAB CHASSSIS: * Non-CDL. * As per the attached Chassis Specifications. SPECIAL CHARGES 1 Delivery to Customer. ** ADDITIONAL INFORMATION ** 1 Delivery Address: 501 Primrose Road Burlingame CA 94010 1 First Article Inspection, Digital ** ADDITIONAL INFORMATION ** * SpinCar. 6 CALIFORNIA TIRE FEE Page 8 Notes: 1. Federal Excise Tax will be added if certificate is not supplied with order. 2. The following items must be considered by the purchaser if not already included: Back-up Alarm $150.00; Strobe Light $525.00; Wheel Chocks $110.00; Outrigger Pads $200.00 to $650.00 (based on pad size & type); Truck Grounding Cable $550.00; Barricade Kit $895.00; Hydraulic Over Load Protection (derrick only, price will vary based on final option selection); Boom / Boom Stow Interlock $700.00; Engine Stop / Start $200.00 to $795.00 (based on unit model); Auxiliary Let Down $1500.00; and Platform Liner $380.00 to $625.00 (based on platform size). 3. Terex Utilities, Inc. strongly recommends all installation accessories be located up front in front in the quote or secondarily on the approved engineering drawing. Any accessories located or relocated during manufacturing may be subject to additional charges. 4. Terex Utilities, Inc. - Offers In-service Training. 5. Terex Utilities, Inc. - Assembly in Watertown, South Dakota is ISO 9001:2000 Certified. BODY SPECIFICATIONS DESCRIPTION 220" Aluminum Treadplate Flatbed 96 inches wide. .188 Aluminum Treadplate floor. 6" Aluminum crossmembers on 12" centers. 7-Lamp light bar installed at rear. Aluminum SS Top Mounted Boxes: (Bolt -On / Installed) Three (3) - 48" long X 28" high X 18" wide with dropdown side access door. Aluminum SS Underbody Boxes: (Bolt -On / Installed) Two (2) - 30" long X 25" high X 18" wide with dropdown side access door. Aluminum CS Top Mounted Boxes: (Bolt -On / Installed) Three (3) - 48" long X 28" high X 18" wide with dropdown side access door. Aluminum CS Pole Saw Box: (Bolt -On / Installed) One (1) - 156" long X 18" high X 18" wide with dropdown rear access door. Box to be Vented (2) Aluminum CS Chainsaw Underbody Box: (Bolt -On / Installed) One (1) - 60" long X 25" high X 18" wide with dropdown side access door. One (1) Divider wall at 48" from the front. Subframe Installation: Install customer supplied subframe, with outriggers. * Standard A -Frame Jacks Wheel Chock Storage: Two (2) Each under body V-type. (Ship Loose) * Bolt -on Style Paint: Finish Paint Body and Inside of compartments Taffeta White. Page 1 ®TEREPreventive Maintenance and Inspection Program Fleet Maintenance and Inspection Agreements Contact us NOW for pricing! 1-210-476-7768 • We cater to your needs through pay-as-you-go, customized service agreements. • We can cover your entire fleet, for all manufacturers! • Our inspections provide a trusted and certified review of your unit. • Maintain your Terex Limited Lifetime Structual Warranty eligibility by utilizing Terex Services for your maintenance needs! Annual Inspection Basic Silver Gold Platinum We come to you! (4 Options) ✓ ✓ ✓ ✓ + Dielectric Test ✓ ✓ ✓` ead-29z-,g3r + Lubrication & Filters �� + Rotation Bolt Torque Checks* IF✓ " , 180-Day Inspection Basic Silver Gold (3 Options) ✓ ✓ ✓ + Lubrication & Filters + Rotation Bolt Torque Checks* Or you can come to us! M 90-Day Inspection Basic Silver (2 Options) ✓ ✓ + Lubrication & Filters* • • Be sure to select your preferred inspection level to be quoted. TEREX SERVICE CENTERS KEEP YOUR EQUIPMENT WORKING Get preferential travel rates by including your entire fleet! *Terex recommends selecting to compy with ANS1010SHA requirements. ©2021 Terex Corporation. Terex, the Terex Crown design and Works For You are trademarks of Terex Corporation or its subsidiaries. All rights reserved. June 2021. ®TEREX Preventive Maintenance and Inspection Program XTPR060 -] XT PRO Series Overcenter Articulating Aerial Device = number of years of preventive maintenance service in the quote t = quantity of units to include in the quote 0 Include field service travel time (otherwise units will be serviced at a branch) Please indicate customer location: west of Colorado Mountains ❑ Include leveling chain replacement at 5 years NOTE: The selected unit does not require leveling chain inspection nor replacement at 5 years Preventive Maintenance Packages, Single Unit Basic Silver Gold - Yearly visual inspection - Yearly visual inspection and - Yearly visual inspection and and operational test of all operational test of all critical operational test of all critical critical components.* components. components. * NOTE- Basic package by itself - Annual preventive - Annual preventive does not qualify as the required maintenance as defined in maintenance as defined in annual inspection under the maintenance manual, maintenance manual, Terex Limited Product Warranty including the following: including the following: - Torque checking of - Torque checking of rotation rotation bolts, drift test, bolts, drift test, lubrication, lubrication, hydraulic oil hydraulic oil test, dielectric test, dielectric test test - Replacement hydraulic oil - Replacement hydraulic oil filters and lubricant filters and lubricant - Qualifies as the required - Qualifies as the required annual inspection under the annual inspection under the Terex Limited Product Terex Limited Product Warranty Warranty - 90 day, 180 day, and 270 day inspection and preventive maintenance - Replacement hydraulic oil filters and lubricant Standard service price: Your package price: Standard $5,100 serviceprice: $4 416 Your package price: Standard $6,851 service price: $5,932 Your package price: $17,151 $14,851 Select your package: ❑ Basic (customer declines, among others, torque check of critical fasteners) ❑ Silver ❑ Gold ❑ Platinum ❑ Custom Platinum -Yearly visual inspection and operational test of all critical components. - Annual preventive maintenance as defined in maintenance manual, including the following: - Torque checking of rotation bolts, drift test, lubrication, hydraulic oil test, dielectric test - Replacement hydraulic oil filters and lubricant - Qualifies as the required annual inspection under the Terex Limited Product Warranty - 90 day, 180 day, and 270 day inspection and preventive maintenance - Replacement hydraulic oil filters and lubricant - 5 years preventive maintenance - Removal and inspection of leveling chains and insulator rods** ** Not required for XT PROs, OPTIMAS, units equipped with Extended Life leveling chains, or units not equipped with leveling chains. Standard $17,151 service price: Your package price: $14,851 Customer confirms selection of the maintenance package indicated for the price and duration specified. Customer accepts and agrees to the attached Terex Terms and Conditions of Sale, which govern this transaction. In the event of early cancellation of this Agreement, Customer agrees that Terex shall be entitled to retain as liquidated damages, and not as a penalty, any fees paid in advance, which the parties agree reasonably approximate Terex's actual damages. Customer signature: V78.2107121151 �1-7- Services Product Code: XTPRO60 Preventive Maintenance and Inspection Program Custom Package Configurator XT PRO Series Overcenter Articulating Aerial Device 5 w = number of years of service i = quantity of units to include in the quote Include the following periodic Preventive Maintenance: ❑ 90 Days (360 Hours) I ❑ 180 Days (720 Hours) ❑ 270 Days (1,080 Hours) ❑ 12 Months (1,050 Hours) 0 Dieletric Test (Yearly) ❑ 5 Years (5,250 Hours) ❑ Include leveling chain replacement at 5 years NOTE: The selected unit does not require leveling chain inspection nor replacement at S years 0 Include field service travel time Please indicate customer location Visit us at TEREX.com West of Colorado Mountains 1W v78.2107121151 PREVENTIVE MAINTENANCE AND INSPECTION PROGRAM SCOPE OF SERVICES For each Terex Utilities equipment unit specified in section C below, Service Provider will provide, annualy, for the Basic Package: Visual inspections and operational tests; for the Silver Package: Annual preventive maintenance, dielectric test, lubricant and hydraulic filter; for the Gold Package: 90-Day preventive maintenance (except for XT PRO), 180-Day preventive maintenance, 270-Day preventive maintenance (except for XT PRO), Annual preventive maintenance, dielectric test; for the Platinum Package: 90-Day preventive maintenance (except for XT PRO), 180-Day preventive maintenance, 270-Day preventive maintenance (except for XT PRO), Annual preventive maintenance, dielectric test, 5 years preventive maintenance; for the Custom Package: 180-Day preventive maintenance, Annual preventive maintenance, dielectric test, lubricant and hydraulic filter, ; services will be provided for 5 years, provided this Agreement has not expired or been terminated. Such Maintenance will be consistent with the applicable service manual for each Equipment unit. The commencement date for such Maintenance for the Equipment will be the on the equipment delivery date. Service Provider will have no obligation to perform Maintenance on any Equipment after termination or expiration of this Agreement. 2 The Maintenance will be conducted at the Designated Service Location specified in section C below. Maintenance outside such location will be performed at an additional fee to be agreed by the parties in advance. Customer shall provide a safe work area for the Maintenance, with electric power, water, waste disposal, and access provisions. Vehicle must be provided free and clear of debris to allow technician safe access to the equipment controls and pedestal area. Service Provider will provide periodic reports to Customer of the Maintenance that has been performed. 3 Maintenance and Inspection of the Equipment will be scheduled by Customer at least five (5) business days in advance. The parties will cooperate to ensure advance notice is provided to Service Provider of any additional service that may be requested. 4 In the event an Equipment unit does not meet the Inspection criteria because of needed repairs ("Repairs"), Service Provider will provide an estimated cost for such Repairs. Repairs will be performed upon Customer's approval and issuance of a purchase order. The Repairs must be performed prior to Service Provider acknowledging that the Inspection is completed. 5 Maintenance, Inspections, and Repairs will be performed by Service Provider on the Equipment within the hours of 7:00 a.m. to 5:00 p.m. on normal business days (excluding weekends and public holidays). In the event Customer schedules Maintenance, Inspections, and/or Repairs outside of such hours, or on weekends or public holidays, the following additional fees will be charged: $130.00 an hour, or for prorated portions of an hour depending on the time of completion. Fees will be billed from the time the Service Provider reaches the jobsite. 6 In the event Customer proposes changes to the Scope of Services stated herein, Service Provider reserves the right to renegotiate the fee agreed between the parties. FEE SCHEDULE For the Basic Package: $4,416; for the Silver Package: $5,932; for the Gold Package: $14,851; for the Platinum Package: $14,851; for the Custom Package: $10,348; for 5 years of service, with payment by Customer to Service Provider due upon signing of this Agreement. LIST OF EQUIPMENT UNITS TO BE INSPECTED AND MAINTAINED The following equipment, listed by Serial Number and Model, is included under this Agreement: Equipment Model: XTPR060 Equipment Serial Number(s): This document will be supplemented with serial numbers for the units once they are available Designated Service Location: CUSTOMER'S ADDRESS TEREX USA, LLC, d/b/a TEREX SERVICES V78.2107121151 4/9 ("Seller") TERMS AND CONDITIONS OF SALE 1. Terms and Conditions. The provision by Seller to Buyer of any Equipment or Parts (collectively referred to as "Products") and field labor, reconditioning, repair, maintenance and inspection services (collectively referred to herein as "Services") shall be exclusively governed by these Terms and Conditions of Sale ("Terms and Conditions") and Seller's sales order (collectively referred to as "Agreement"). This Agreement cancels and supersedes any and all terms and conditions previously issued by Seller and shall remain in effect unless and until superseded in writing by Seller. Acceptance of an order for Products or Services by Seller shall be deemed to constitute a binding agreement between the parties pursuant to these Terms and Conditions and Buyer agrees that the order may not thereafter be countermanded or otherwise changed without the explicit prior written consent of Seller. No other terms and conditions shall apply, including the terms of any purchase order submitted to Seller by Buyer, whether or not objected to by Seller or whether or not such terms are inconsistent or conflict with or are in addition to these Terms and Conditions. These Terms and Conditions shall be deemed accepted by Buyer if any of the following occurs: (i) if confirmed by Buyer, (ii) if undisputed by Buyer within ten (10) days after receipt, or (iii) if Seller delivers Products or Services to Buyer. Any communication construed as an offer by Seller and acceptance thereof is expressly limited to these Terms and Conditions. The Products are intended for industrial/commercial use by professional contractors and their trained employees and are not intended for use by consumers. 2. Terms of Payments. Payment for Products or Services purchased by Buyer shall be made in accordance with any of the following terms, provided they have been previously arranged with and expressly approved by Seller in writing: (1) cash in advance; (2) confirmed, irrevocable letter of credit established in such amount and form and at such time and at such bank as shall be approved by Seller in respect of each order; (3) credit account purchases for which payment will be due and payable on net thirty (30) day terms, plus service and other charges applicable to past due amounts in accordance with Seller's written notices; or (4) other payment arrangements expressly approved by Seller in writing prior to or at the time the order is placed. If any Buyer credit account purchase is not paid in accordance with Seller's credit payment terms, in addition to any other remedies allowed in equity or by law, Seller may refuse to make further shipments without advance payment by Buyer. Nothing contained herein shall be construed as requiring Seller to sell any Products or Services to Buyer on credit terms at any time, or prohibiting Seller from making any and all credit decisions which it, in its sole discretion, deems appropriate for Seller. Seller may charge interest on all amounts not paid when due and Buyer agrees to pay such interest calculated on a daily basis, from the date that payment was due until the Seller receives payment in full, at the rate of 1.5% per month or the maximum rate permitted by applicable law. Seller shall be entitled to an equitable adjustment in the price of Products or Services in order to account for increases in the cost to Seller of labor or materials, or in the event of unanticipated or unforeseen circumstances. 3. Taxes and Duties. Unless otherwise specified, prices quoted do not include taxes or duties of any kind or nature. Buyer agrees that it will be responsible for filing all tax returns and paying applicable tax, duty, export preparation charge and export documentation charge resulting from the purchase of any Products or Services. In addition, in the event any other similar tax is determined to apply to Buyer's purchase of any Products or Services from Seller, Buyer agrees to indemnify and hold Seller harmless from and against any and all such other similar taxes, duties and fees. All prices quoted are U.S. DOLLARS unless otherwise specified. The amount of any present or future taxes applicable to the sale, transfer, lease or use of any Products shall be paid by Buyer; or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate satisfactory to the applicable taxing authority proving that no such tax is due and payable upon such sale, transfer, lease or use. 4. Title, Risk, Transportation and Delivery. Unless otherwise stated in writing, all prices and delivery are FCA, Seller's Premises (Incoterms 2010). Title and all risk of loss or damage to Products shall pass to Buyer upon delivery, as per Incoterms 2010. Any claims for loss, damage or delay in transit must be entered and prosecuted by the Buyer directly with the carrier, who is hereby declared to be the agent of the Buyer. In the event delay in shipment of Products is caused by Buyer's failure to furnish necessary information with respect to data and details for Buyer's specifications, Seller, may, in its sole discretion, extend the date of shipment for a reasonable time. In the event delay in shipment is caused by Buyer or at Buyer's request, and there are Products that are not shipped within ten (10) days from the first date they are ready to be shipped, Seller may, in its sole discretion, sell such Products to another buyer without any liability or responsibility to Buyer whatsoever. All payments shall be made in accordance with the terms of the applicable invoice. In addition, storage charges due to delay in furnishing delivery instructions, arranging and establishing a method of payment satisfactory to Seller, or submitting valid import permits or licenses, or any other delay caused by Buyer or at Buyer's request, will be for the account of Buyer. SELLER SHALL NOT BE LIABLE FOR ANY LOSS OF USE OR FOR ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OR LOSSES DUE TO DELAY IN SCHEDULED DELIVERY. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within five (5) days after Buyer's receipt of shipment. Seller's responsibility for shipment shall cease upon delivery of the Products to the place of shipment, and all claims occurring thereafter shall be made to or against the carrier by Buyer. V78.2107121151 5/9 S. Cancellation. Prior to delivery to place of shipment, a Products order may be cancelled only with Seller's prior written consent and upon terms indemnifying Seller from all resulting losses and damages. Seller shall have the right to cancel and refuse to complete a Products or Services order if any term and/or condition governing this agreement is not complied with by Buyer. In the event of cancellation by Seller, or in the event Seller consents to a request by Buyer to stop work or to cancel the whole or any part of any order, Buyer shall make reimbursement to Seller, as follows: (i) any and all work that can be completed within (30) days from date of notification to stop work on account of cancellation shall be completed, shipped and paid in full; and (ii) for work in progress and any materials and supplies procured or for which definite commitments have been made by Seller in connection with the order, Buyer shall pay such sums as may be required to fully compensate Seller for actual costs incurred, plus fifteen percent (15%). Buyer may not cancel any order after Seller's delivery to place of shipment. Orders for "Special" Equipment may not be cancelled after acceptance, except by Seller. Items of "Special" Equipment are those that differ from standard Seller specifications, have a limited market, or incorporate specifications that have been determined for a specific application. Determination of whether an item of Equipment is "Special" shall be made by Seller in its sole discretion. 6. Inspection and Acceptance. Buyer agrees that it shall inspect the Products or Services immediately after receipt of Products or completion of Services and promptly notify Seller in writing of any non -conformity or defect within 10 days after the Products are put into service or the Services are completed, but not more than thirty (30) days after delivery or completion. Buyer further agrees that confirmation that the Products or Services comply with the order, its commercial use of the Products or its failure to give prompt notice of non -conformity or defect shall constitute acceptance. Acceptance shall be final and Buyer waives the right to revoke acceptance for any reason, whether or not known by Buyer at the time of such acceptance. Acceptance shall automatically cause the provisions of Seller's warranty to apply and govern the rights, obligations and liabilities of the parties with respect to such nonconformity or defect, provided under no circumstances shall rejection give rise to any liability of Seller for incidental or consequential damages or losses of any kind. 7. Warranty for Products and Services. (a)For Equipment: Seller warrants its new Equipment manufactured and sold worldwide to be free, under normal use and service, from defects in material or workmanship for the time period designated in the warranty applicable to the particular type, make and model of Equipment or, in the event no specific warranty exists for such Equipment, for a period of twelve (12) months from the date of delivery. (b)For Parts: (i) Seller warrants that Parts supplied by Seller will be free, under normal use and service, from defects in material or workmanship for a period of twelve (12) months from the date of delivery, where Seller is the OEM of such Parts; (ii) Seller warrants that that Parts supplied in connection with a warranty repair on Equipment sold by Seller will be free, under normal use and service, from defects in material or workmanship for a period of time equal to the OEM warranty provided by the manufacturer of such Parts, but if there is no OEM warranty on such Parts, then such warranty period shall terminate upon the expiration of the warranty for the Equipment originally sold by Seller; and (iii) Seller warrants that Parts supplied in connection with Services performed by Seller on equipment not originally sold by Seller will be free, under normal use and service, from defects in material or workmanship for a period of time equal to the OEM warranty provided by the manufacturer of such Parts. (c)For Services: (i) Seller warrants that its field and shop labor services will be free from defects in workmanship for a period of ninety (90) days from the date of completion of such services; (ii) Seller warrants that its labor supplied in connection with its reconditioning services on mobile equipment will be free from defects in workmanship for a period of six (6) months from the date of completion of such services; and (iii)Seller provides no warranty, express or implied, on its inspection services. The foregoing warranties shall only be valid if Buyer sends Seller written notice of the defect within thirty (30) days of its discovery and establishes that: (i) the Equipment or Parts, or any equipment subject to any Service, has been maintained and operated within the limits of rated and normal usage; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees. If requested by Seller, Buyer must return the defective Equipment or Parts to Seller's facility for inspection, and if Buyer cannot establish that conditions (i) and (ii) above have been met, then the foregoing warranties shall not cover the alleged defect. Failure to give written notice of defect within such period shall be a waiver of the foregoing warranties and any assistance rendered thereafter shall not extend or revive it. Equipment, accessories, assemblies, components and Parts which are not manufactured by Seller are subject to the warranty of their respective manufacturers. The foregoing warranties shall be void in the event Buyer has carried out modifications or reconditioning work on the Equipment or Parts without the prior written consent of Seller. The foregoing warranties shall not cover any item on which serial numbers have been altered, defaced or removed. Maintenance and wear parts are not covered by the foregoing warranties and are the sole maintenance responsibility of Buyer. The foregoing warranties are limited to the first retail purchaser and are not assignable or otherwise transferable without the written agreement of Seller. THE FOREGOING WARRANTIES ARE EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER'S PART. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTIES CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's Equipment, Parts or Services. The foregoing warranties shall not apply to any Equipment or Parts or any part thereof purchased from Seller, or any equipment which was the subject of any Service performed by Seller, which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by either party shall operate to extend or revive the foregoing limited warranties without the prior written consent of Seller. V78.2107121151 6/9 8. Remedies for Breach. IN THE EVENT OF ANY BREACH OF WARRANTY BY SELLER, THE PARTIES AGREE THAT SELLER'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES OF REPAIR OR REPLACEMENT (AT SELLER'S SOLE DISCRETION) OF ANY DEFECTIVE PRODUCT OR THE RE -PERFORMANCE OF ANY DEFECTIVE SERVICES COVERED BY THE WARRANTY. In no event shall any repair or replacement of any defective Equipment or Parts, or the re -performance of any defective Services covered by the Seller's warranties in Section 7 extend the length of such warranties beyond the applicable periods specified in Section 7 a bove. 9. Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, SELLER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR, AND SPECIFICALLY DISCLAIM, ANY LIABILITY FOR ANY: (A) LOST PROFITS AND/OR BUSINESS INTERRUPTION (WHETHER DIRECT OR INDIRECT); AND (B) INCIDENTAL, INDIRECT, CONSEQUENTIAL (WHETHER DIRECT OR INDIRECT) OR OTHER DAMAGES OR LOSSES OF ANY KIND, including without limitation, labor costs, loss of use, equipment rental, third party repairs, investigation costs, personal injury, emotional or mental distress, penalties, loss of service of personnel, or failure of Products to comply with any applicable laws; whether or not arising from breach of contract, warranty, negligence, product liability or otherwise. Notwithstanding anything contained herein to the contrary, in no event shall Seller's liability exceed the total order value. 10. Limitation of Actions. Any action for breach of this agreement must be commenced within one (1) year after the cause of action has accrued. 11. Specification Changes. In the event Seller incurs additional expense because of changes in specifications or drawings previously approved by Buyer, or in the event Seller is required to modify the ordered Products, perform any additional Services, perform any additional work or supply any additional Products, the additional expense shall be added to the purchase price. Seller shall have the right, in its sole discretion, to accept or reject any changes in specifications requested by Buyer. In no event shall any changes in specifications be made or accepted thirty (30) days prior to launch date or thereafter. 12. Security Interest. Buyer grants Seller a security interest in the Products purchased and the proceeds thereof. The security interest shall continue until payment in full of the purchase price and payment and performance by Buyer of all of its other obligations hereunder. Seller is entitled to all remedies of a secured party after default under the Ohio Uniform Commercial Code or other applicable law, including but not limited to the applicable Personal Property Security Act in Canada, in addition to all other rights provided by contract and by operation of law. Buyer agrees to pay to Seller, in addition to the interest on overdue sums due, reasonable attorney fees, court costs and other expenses of Seller incurred in enforcing Seller's rights. The Products purchased shall remain personal property and shall not become or be deemed a fixture or a part of any real estate on which it may be located. Buyer agrees to execute any instrument or document considered necessary by Seller to perfect its security interest in the Products including, but not limited to, financing statements, chattel mortgages, deeds of trust, deeds to secure debt, mortgages or other security instruments. 13. Insurance. Until the purchase price of any Product is paid in full or the Service is completed, the Buyer shall provide and maintain insurance equal to the total value of any such Product delivered hereunder against customary casualties and risks; including, but not limited to fire and explosion, and shall also insure against liability for accidents and injuries to the public or to employees, by adding Seller as additional insured with waiver of subrogation, and in an amount satisfactory to Seller. If the Buyer fails to provide such insurance, it then becomes the Buyer's responsibility to notify the Seller so that the Seller may provide same; and the cost thereof shall be added to the contract price. All loss resulting from the failure to affect such insurance shall be assumed by the Buyer. 14. Return of Products. Products may be returned only with Seller's prior written consent and upon the following conditions: (i) such Products must be new, unused and undamaged (and not obsolete), in good working order and in first class marketable condition; (ii) such Products must have been originally purchased by Buyer from Seller within the previous twelve (12) month period; and (iii) such Products shall be returned in the same condition as that in which they were sold by Seller to Buyer, and in the original packaging. Notwithstanding the foregoing, wire rope, cut chain, electrical components, special orders of Products or any Products which are altered or manufactured pursuant to Buyer's requirements and specifications are not returnable. The price for the repurchase of such Products shall be the invoice price previously received by Seller from Buyer for the Products in question, net of freight and taxes, and less a restocking fee to be determined by Seller at the time of the return. 15. Patents, Copyrights, Trademarks, Confidentiality. No license or other rights under any patents, copyrights or trademarks owned or controlled by Seller or under which Seller is licensed are granted to Buyer or implied by the sale of Products or the provision of Services. Buyer shall not identify as genuine products of Seller Products purchased hereunder which Buyer has treated, modified or altered in any way, nor shall Buyer use Seller's trademarks to identify such products; provided, however, that Buyer may identify such products as utilizing, containing or having been manufactured from genuine products of Seller as treated, modified or altered by Buyer or Buyer's representative, upon written prior approval of Seller. All plans, photographs, designs, drawings, blueprints, manuals, specifications and other documents relating to the business of Seller ("Information") shall be and remain the exclusive property of Seller and shall be treated by Buyer as confidential information and not disclosed, given, loaned, exhibited, sold or transferred to any third party without Seller's prior written approval; provided, however, that these restrictions shall not apply to Information that Buyer can demonstrate: (a) at the time of disclosure, is generally known to the public other than as a result of a breach of this agreement by Buyer; or (b) is already in Buyer's possession at the time of disclosure by from a third party having a right to impart such Information. 16. Default and Seller's Remedies. In the event of default by Buyer, all unpaid sums and installments owed to Seller, shall, at the Seller's sole option, become immediately due and payable without notice of any kind to Buyer. In addition to its right of acceleration, Seller may pursue any and all remedies allowed by law or in equity, including but not limited to any and all remedies available to it under the Ohio Uniform Commercial Code. In addition to the foregoing, and not in limitation thereof, Seller shall have the right to set off any credits or amounts owed to Buyer against any amounts owed by Buyer to Seller. V78.2107121151 7/9 17. Indemnification by Buyer. Buyer hereby agrees to indemnify, release, defend and hold harmless Seller, its directors, officers, employees, agents, representatives, successors, and assigns against any and all suits, actions or proceedings at law or in equity (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) and from any and all claims demands, losses, judgments, damages, costs, expenses or liabilities, to any person whatsoever (including Buyer's and Seller's employees or any third party), or damage to any property (including Buyer's property) arising out of or in any way connected with any act, omission, negligence or willful misconduct of Buyer, its directors, officers, employees, agents, representatives, successors or assigns with respect to its purchase, use, operation, maintenance or installation of any Services or any Parts or Equipment furnished hereunder, or any breach by Buyer of these Terms and Conditions of Sale. If Buyer fails to fulfill any of its obligations under this paragraph or this agreement, Buyer agrees to pay Seller all costs, expenses and attorney's fees incurred by Seller to establish or enforce Seller's rights under this paragraph or this agreement. The provisions of this paragraph are in addition to any other rights or obligations set forth in this agreement. 18. Installation. Unless otherwise expressly agreed in writing, Buyer shall be solely responsible for the installation and erection of the Products purchased. Although Seller may in some cases provide a serviceman, data and drawings to aid Buyer with installation or start-up, Seller assumes no responsibility for proper installation or support of any Product when installed and disclaims any express or implied warranties with respect to such installation and support. Notwithstanding whether data and drawings are provided or a serviceman aids in the installation, Buyer shall indemnify and hold Seller harmless and at Seller's request, defend Seller from all claims, demands or legal proceedings (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) which may be made or brought against Seller in connection with damage or personal injury arising out of said installation or start-up. 19. On -Site Services. In the event that Seller is providing Services at Buyer's worksite (or at a location designated by Buyer), Buyer shall provide Seller free and clear access and an adequate power supply in order to perform the Services. Buyer shall maintain safe working conditions at the worksite, including, without limitation, implementing appropriate procedures regarding hazardous materials and energization and de-energization of power systems. Buyer shall immediately remedy any unsafe working condition at the worksite. Seller shall be entitled to suspend or terminate the Services in the event it determines that the worksite is unsafe. Seller shall have no responsibility or liability for any pre-existing condition of the worksite including, without limitation, violations of safety rules, building codes, zoning ordinances or other laws or regulations ("Regulations"). In the event that any unsafe working condition or failure of the worksite to comply with a Regulation results in an increase in the Seller's cost of, or the time required for, performance of the Services, Seller may make an equitable adjustment in price and schedule. Buyer authorizes Seller to perform the disassembly and inspection of any equipment necessary to provide the Services, including provision of all necessary Parts and labor, and agrees that Seller is not responsible for any damage or loss due to causes beyond Seller's control. Unless expressly agreed in writing, Services do not include architectural/engineering services or structural changes to Buyer's premises. 20. Additional Terms of Equipment Services. In the event Seller performs Services on Equipment for Buyer, Buyer hereby authorizes Seller to inspect and disassemble the Equipment provided, and authorizes Seller to perform the Services indicated in the applicable estimate, quote or work order (including provision of all necessary parts and labor). Buyer agrees that Seller is not responsible for: (i) damage or loss to the Equipment, or loss of personal property, caused by fire, theft, or causes beyond Seller's control, or (ii) delays in completion of Services caused by unavailability of parts or other causes. Buyer authorizes Seller and its employees to operate the Equipment on streets, highways or elsewhere for the purpose of testing and/or inspection. Buyer will be subject to a storage fee of $20 per day for any Equipment left on Seller's premises more than fifteen (15) days after completion of the Services. Buyer grants Seller a security interest and lien in the Equipment and any parts supplied until payment in full of any amounts owed by Buyer to Seller. Seller is entitled to all remedies of a secured party after default under the Uniform Commercial Code in addition to all other rights provided under law or equity. Buyer agrees to pay to Seller, in addition to interest at the rate of 18% annually on overdue sums (or the maximum rate permitted by law), reasonable attorney fees, court costs and other expenses incurred by Seller in enforcing Seller's rights. Buyer agrees to execute any instrument or document considered necessary by Seller to perfect its security interest in the Equipment. In the event Buyer fails to retrieve the Equipment within ninety (90) days after completion of the Services, Buyer grants Seller a power of attorney to sell, or otherwise dispose of, such Equipment and to convey title to a purchaser of such Equipment, and to apply any sale proceeds against any amount owed by Buyer to Seller. In the event of default by Buyer, all unpaid sums owed to Seller shall, at Seller's sole option, become immediately due and payable without notice of any kind to Buyer. 21. Force Majeure. The Seller shall not be liable to the Buyer or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Products or Services if the delay or failure was due to any cause beyond the reasonable control of the Seller including (without limitation) strike, lockout, riot, civil commotion, fire, accident, explosion, tempest, act of God, war, epidemic, stoppage of transport, terrorist activity, supply shortage or changes in government, governmental agency, laws, regulations or administrative practices. 22. Anti -Corruption; Export Controls; No Boycotts. Buyer agrees that it shall, and that any party retained or paid by the Buyer ("Retained Party") shall, comply with all applicable laws including, but not limited to, laws prohibiting public corruption and commercial bribery. Buyer further agrees that it shall, and that any Retained Party shall, comply with all applicable export controls, economic sanctions, embargoes and regulations regarding the export, re-export, shipment, distribution and/or sale of Products, technology, information or warranty related services. Buyer further agrees that it shall not, and any Retained Party shall not, export or re-export Products, technology, information or warranty related services directly or with its knowledge indirectly into Iran, Cuba, Syria, North Korea, the Crimea Region of the Ukraine or Russia without Buyer first obtaining written approval from Seller. Failure to comply strictly with this section and all applicable laws, regulations and licensing/approval requirements shall be grounds for immediate termination of this agreement by Seller. Notwithstanding anything to the contrary contained in any agreement between the Buyer and Seller or in any other document or agreement relating to the Products sold hereunder, Seller will not comply with requests related to the boycott of any country or other jurisdiction, except to the extent such boycott is required by or otherwise not inconsistent with United States law. V78.2107121151 8/9 23. Telematics. If a telematics system is included with the Equipment, the telematics system is administered by a third party ("Teleservice Provider") and collects a range of operational data about the Equipment including, but not limited to, usage, performance and reliability. Buyer consents to Seller's obtaining such data from the Teleservice Provider for warranty, product improvement, marketing and customer support purposes. In addition to the foregoing, Buyer consents to Seller's collection, management and reporting of data (personal and non -personal) about the Equipment including, but not limited to, fuel consumption, up/down times, operation, defects, parts replacement, movement and location. Buyer shall gain any prior explicit consent from its customers and/or any third party, as required by applicable laws, enabling Seller and/or third parties to provide teleservices and data to Buyer. Buyer shall comply with all applicable laws relating to the provision of teleservices, including without limitations any applicable data protection laws. 24. Construction and Severability. This agreement constitutes the entire agreement between the parties regarding the subject matter hereto and shall be construed and enforced in accordance with the laws of the State of Ohio. Seller shall not be bound by any agent's, employees or any other representation, promise or inducement not set forth herein. The invalidity or unenforceability of any provisions of this agreement shall not affect any other provision and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 25. Jurisdiction. The parties agree that the proper and exclusive forum and venue in all legal actions brought to enforce or construe any of the provisions of this sales order agreement shall be in the United States District Court, Northern District of Ohio or, if federal jurisdiction is lacking in such legal action, in the state courts in Cleveland, Ohio. 26. No Assignment. No rights arising under this agreement may be assigned by the Buyer unless expressly agreed to in writing by the Seller. 27. Miscellaneous. Buyer represents that: (i) it is solvent and has the financial ability to pay for the Products or Services; and (ii) it has all requisite right, power and authority to perform its obligations under this agreement. V78.2107121151 9/9 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch, Project Leader, Terex 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 Client Proposal Prepared by: Mike Johnson Office: 605-886-5844 Email: mike@watertownfordchrysler.com Quote ID: QU16792 Date: 11 /22/2021 Watertown Ford 11600 9th Avenue SE, Watertown, South Dakota, 572015305 Office: 605-886-5844 1 Fax: 605-886-5909 1 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex 4M Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Table of Contents Description Page Cover Page 1 Cover Letter 2 Table of Contents 3 Selected Equip & Specs 4 As Configured Vehicle 12 Warranty 16 Vehicle Dimension and Performance 17 Pricing Summary - Single Vehicle 21 3 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs Dimensions * Exterior length: 308.0" * Cab to axle: 120.0" • Exterior width: 96.7" • Exterior height: 94.3" * Wheelbase: 194.0" Front track: 83.8" • Rear track: 72.6" • Rear tire outside width: 96.0" • Front legroom: 41.4" • Front headroom: 40.7" • Front hiproom: 67.6" • Front shoulder room: 68.0" Powertrai n * 300hp 6.7L OHV 32 valve intercooled turbo V-8 engine with diesel direct injection • Recommended fuel : diesel federal • 6 speed automatic transmission with overdrive • Rear -wheel drive • Fuel Economy Cty: N/A • Fuel Economy Highway: N/A • 50.0 gal. rectangular Left front fuel tank • Fuel/water separator • Transmission PTO provision • Standard rear differential • Right mounted horizontal muffler • Right mounted horizontal tailpipe Suspension/Handling • Front non -independent leaf spring suspension • Rear rigid axle leaf spring suspension • Hydraulic power -assist re- circulating ball Steering • Front and rear 22.5 x 8.25 wheels • 11.OR22.5 AS front and rear tires • Dual rear wheels Rubber auxiliary rear springs Body Exterior • 2 doors • Driver and passenger, manual folding door mirrors • Black door mirrors • Black bumpers • Side steps * Trailer harness • Clearcoat paint • Straight front bumper ends • Hood mounted grille • Front and rear 22.5 x 8.25 white steel wheels with 10 wheel studs • 2 front tow hook(s) Convenience • Manual air conditioning • Cruise control with steering wheel controls * Power front windows * Driver and passenger 1- touch up * Driver and passenger 1-touch down * Power door locks • Manual tilt steering wheel • Manual telescopic steering wheel • Wireless phone connectivity • Front cupholders • Passenger visor mirror • Dual electric horn • Automatic gearshift steering column lever * Driver and passenger door bins • Upfitter switches Seats and Trim • Seating capacity of 2 • Fixed driver seat • Fixed passenger seat • Driver and passenger armrests • Bucket driver seat, Bucket passenger seat • Driver seat folding back, passenger seat fixed back • Low back seats • Driver seat with 4 way direction control, passenger seat with 2 way direction control • Manual fore/aft seats Entertainment Features • AM/FM stereo radio • Auxiliary audio input • External memory control • Steering wheel mounted radio controls • 2 speakers • Streaming audio • Fixed antenna Lighting, Visibility and Instrumentation • Halogen aero-composite headlights • Delay -off headlights • Auto on/off headlights • Variable intermittent front windshield wipers • Speed sensitive wipers • Light tinted windows • Front reading lights • Tachometer * Voltmeter • Oil pressure gauge • Oil temperature gauge • Trip computer • Trip odometer • RNDM Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 4 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs (cont'd) Safety and Security • 4-wheel ABS brakes • Hill hold control • Hydraulic disc brakes • ABS traction control * Power door locks • With stolen vehicle tracking system Dimensions General Weights * Curb Rear GAWR GCWR Front Weights * Front curb weight * Front spring rating Rear Weights * Rear curb weight Rear spring rating Trailering Type * Harness Fuel Tank type Left front Fuel tank capacity 10,520 lbs. 21000 lbs. 50000 lbs. 6,537 lbs. 12,000 lbs. 3,984 lbs. 21,000 lbs. Yes 50.01 gal. Front GAWR GVWR 12000 lbs. 25999 lbs. * Front axle capacity 12,000 lbs. Front tire/wheel capacity 12,350 lbs. Rear axle capacity Rear tire/wheel capacity Front Frame Height loaded 3511 Height unloaded Rear Frame Height loaded 3611 Height unloaded Front And Rear GA WR Total Will Exceed Overall GVWR Powertrai n Engine Type Block material Head material Injection Orientation Valves per cylinder Forced induction Engine Spec Bore Iron Aluminum Diesel direct injection Longitudinal 4 Intercooled turbo 3.90" Cylinders Ignition Liters Recommended fuel Valvetrain Compression ratio 21,000 lbs. 23,360 lbs. 3711 RM V-8 Compression 6.7L Diesel OHV 16.2:1 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 5 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs (cont'd) Displacement 406 cu.in. Engine Power * Output 300 HP @ 2,500 RPM *Governed RPM 3,300 Alternator Type HD Battery Cold cranking amps 1,500 Step Yes Engine Extras * Block heater Yes Transmission Electronic control Yes Overdrive Yes Type Automatic Transmission Gear Ratios 1 St 3.974 3rd 1.516 5th 0.858 Reverse Gear ratios 3.128 Transmission Torque Converter Stall ratio 1.85 Transmission Extras Driver selectable mode Tow/Haul Mode Oil cooler Regular duty Drive Type Type Rear -wheel Drive Feature Traction control ABS Drive Axle * Ratio 6.17 Exhaust Material Aluminized steel Emissions Stroke 4.25" *Torque 725 ft.-lb @ 1,500 RPM * Amps 240 Location Forward right Type Dual Lock -up Yes Speed 6 2nd 2.318 4th 1.149 6th 0.674 Sequential shift control Yes PTO provision Yes Power take -off provision Yes System type Single Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 6 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs (cont'd) GARB Federal Engine Retarder Type Yes Driveability Brakes ABS 4-wheel ABS channels 4 Type Hydraulic disc Vented discs Front and rear Brake Assistance Hill hold control Yes Suspension Control Ride Regular Front Suspension Independence Non -independent Type Leaf Front Spring Type Tapered leaf Grade Regular Front Shocks Type Regular Rear Suspension Independence Rigid axle Type Leaf Rear Spring Type Multi -leaf Grade Regular Auxiliary Rubber Steering Activation Hydraulic power -assist Type Re -circulating ball Steering Specs # of wheels 2 Exterior Front Wheels Diameter 22.5" Width 8.25" Rear Wheels Diameter 22.5" Width 8.25" Dual Yes Front Tires Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 7 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs (cont'd) Aspect 82 Diameter 22.5" Sidewalls BSW Tread AS Width 11.0" LT load rating G RPM 497 Rear Tires Aspect 82 Diameter 22.5" Sidewalls BSW Tread AS Width 11.0" LT load rating G RPM 497 Wheels Front track 83.8" Rear track 72.6" *Turning radius (to curb) 26' *Turning radius (to bumper) 28' *Wheelbase 194.0" Rear tire outside width 96.0" Body Features Front splash guards Yes Body material Composite/galvanized steel Side steps Yes Front tow hook(s) 2 Body Doors Door count 2 Exterior Dimensions * Length 308.0" Body width 96.7" Body height 94.3" * Cab to axle 120.0" *Axle to end of frame 75.0" * Frame section modulus 20.1 cu.in. * Frame yield strength (psi) 120000.0 * Frame rail depth 10.4" * Frame rail width 3.7" Frame rail thickness 0.4" * Max RBM (in.-lbs.) 2,526,000.0 Frame rail section 9.5" Front bumper to Front axle 39.0" *Nominal RBM (in.-lbs.) 2,413,200.0 Seating Passenger Capacity Capacity 2 Driver Seat Type Bucket Back type Low Fore/aft Manual Passenger Seat Type Bucket Back Folding Way direction control 4 Back Fixed Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 8 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs (cont'd) Back type Low Way direction control 2 Fore/aft Manual Front Armrest Driver Yes Passenger Yes Front Seat Trim Material Vinyl Back material Carpet Convenience AC And Heat Type Air conditioning Manual Audio System Auxiliary audio input Yes Radio AM/FM stereo Radio grade Regular Seek -scan Yes External memory control External memory control Audio Speakers Speaker type Regular Speakers 2 Audio Controls Steering wheel controls Yes Streaming audio Yes Audio Antenna Type Fixed Cruise Control Cruise control With steering wheel controls Convenience Features Driver foot rest Yes 12V DC power outlet 2 Wireless phone connectivity Bluetooth Horn Dual electric Upfitter switches Yes Door Lock Activation * Type Power *Auto locking Yes Instrumentation Type Appearance Analog Instrumentation Gauges Tachometer Yes Oil pressure Yes Engine temperature Yes * Voltmeter Yes Oil temperature Yes Transmission fluid temp Yes Engine hour meter Yes Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 9 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs (cont'd) Instrumentation Warnings Oil pressure Yes Lights on Yes Low fuel Yes Service interval Yes Transmission fluid temp Yes Instrumentation Displays Clock In -radio display Instrumentation Feature Trip computer Yes Shift indicator RNDM Steering Wheel Type Material Urethane Telescoping Manual Front Side Windows -Window 1st row activation Power Window Features * 1-touch down Driver and passenger Tinted Light Front Windshield Wiper Variable intermittent Rear Windshield Window Fixed Automatic Gearshift Location Steering column lever Interior Passenger Visor Mirror Yes Headliner Coverage Full Floor Trim Coverage Full Trim Feature Gear shifter material Urethane Battery Yes Key Yes Door ajar Yes Brake fluid Yes Trip odometer Yes Tilting Manual * 1-touch up Driver and passenger Speed sensitive wipers Yes Material Cloth Covering Vinyl/rubber Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 10 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Selected Equip & Specs (cont'd) Lighting Dome light type Delay Variable IP lighting Yes Floor Console Storage Type Partial Storage * Driver door bin Yes Glove box Yes Instrument panel Bin Legroom Front 41.4" Headroom Front 40.7" Hip Room Front 67.6" Shoulder Room Front 68.0" Front reading Yes Front Beverage holder(s) Yes * Passenger door bin Yes Dashboard Yes Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 11 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 As Configured Vehicle Code Description Base Vehicle F7D Base Vehicle Price (F7D) Engines 99E 6.71- Power Stroke V8 Turbo Diesel - 300 HP @ 2500 RPM Includes Engine Exhaust Brake and manual regen capability. Torque: 725 ft.lbs. @ 1500 rpm. Governed RPM: 3300. Includes CARB clean idle label - may be removed if un-necessary. 425 50-State Emissions 41 H Engine Block Heater, Phillips, 120 Volt/750 Watt Transmissions 44G Ford TorgShift HD 6-Speed Automatic - Double Overdrive, WITH PTO Provision and Tow/Haul Front Wheels & Tires 643 Wheels, Front 22.5x8.25 White Powder Coated Steel, 10- Hole (285.75MM BC) hub piloted, flanged nut, metric mount, 8.25 DC rims; with steel hubs. T213 Tires, Front Two 11 R22.5G Goodyear Fuel Max RSA (497 rev/mile) Rear Wheels & Tires 663 Wheels, Rear 22.5x8.25 White Powder Coated Steel, 10- Hole (285.75MM BC) hub piloted, flanged nut, metric mount, 8.25 DC rims; with steel hubs. R213 Tires, Rear Four 11 R22.5G Goodyear Fuel Max RSA (497 rev/mile) Brakes 67H Hydraulic Brake System - Bosch HydroMax w/Traction Control Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 12 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 As Configured Vehicle (cont'd) Code Description Full power with automatic adjustment, 4-channel ABS antilock brake system. Includes 12" x 3" (Bosch) DSSA type rear axle mounted parking brake, Orscheln lever control, right of driver and hand operated park brake lever. 152 Trailer Connection Socket - 7-Way, Wired for Turn Signals Combined with Stop Mounted at rear of frame, for combined trailer stop, tail, turn, marker light circuits. Includes electric trailer brake accommodation package with cab connections for mounting customer installed electric brake unit. 18A Electronic Stability Control DELETE Deletes the standard ESC feature. Front Axle and Suspension 43P 12,000 lb. Cap. Non -Driving - Dana E-12021 - I -Beam Type 61 D Taper -Leaf Springs, Parabolic - 12,000 lb. Cap 2-leaf, 62" x 3.15". Also includes, standard duty, dual, double acting shock absorbers. 60A Lube, Front Axle, EmGard 50W, Synthetic Oil Rear Axle and Suspension 475 21,000 lb. Single Reduction - Open - Dana / Spicer 21060S NOTE: When specifying an axle ratio, check performance guidelines for startability and gradeability. 68P Multi -Leaf Springs - 21,000 lb. Cap 11-leaf. Includes 2,000lb auxiliary springs for load stabilization. 607 Lube, Rear Axle, EmGard 75W-90, Synthetic Oil X613 6.17 Axle Ratio Wheelbase 194WB 194" Wheel base/1 20" CA/75" AF/308" OAL Frame 539 Single Channel - Straight'C' 20.11 SM, 120,000 PSI 2,413,200 RBM. Heat treated alloy steel; 10.375"x 3.705"x 0.438" (263.5mm x 94.1mm x 11.1mm). 18D Special Rating GVWR - Limited to 25,999 lb. GVWR Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 13 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 As Configured Vehicle (cont'd) Code Description Exhaust 91G Fuel Tanks 65B 12 Electrical / Alternator / Battery 17A STDBAT 86M 16V Seats 88A Cab Interior 600A Only available to GAWR combinations that EXCEED 26,000 lbs. Under Cab, Right Side Outlet, Switchback -Style Single, horizontal muffler, right side, under cab, outside of frame rail with rear discharge. Fuel Tank - LH 50 Gallon Rectangular - Aluminum 12 Gal. Single Tank Fuel Fill. Mandatory Charge Applied, Based On Tank Selection Extra Heavy Duty Alternator - 12-Volt, 240 Amps Battery - Two 750 CCA, 1500 Total, Includes Steel Battery Box 12Volt, Motorcraft. Upfitter Interface Module Voltmeter Available in message center. 30/0/30 Fixed Driver & Fixed Passenger w/Consolette - Vinyl Preferred Equipment Package 600A Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 14 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 As Configured Vehicle (cont'd) Code Description Includes: - Bumper, Front - Black, Full Width - Wheel Seals, Front - Oil lubricated, SKF ScotSeal PlusXL Seals - Wheel Seals, Rear - Oil lubricated, SKF ScotSeal PlusXL Seals - Manual Regen Initiation - Driver Interface in Message Center - Engine Exhaust Brake - Painted Grille - Plastic - Lights - Roof Marker/Clearance - Amber Lenses, 5 Lights - Tow Hooks, Front (2) - Frame -Mounted, Painted Black - Four Body Builder Switches - Mounted in Center Instrument Panel With connector access located in engine compartment. Amperages vary by switch: 10, 15, 25, 25. - Floor Covering - Black Vinyl - Intelligent Oil Life Monitor - Steering Column - Tilt / Telescoping - Steering Wheel - Black PVC w/Integral Cruise Control Switches, includes Audio Controls - Body Builder Wiring - At Back of Cab, Combined Includes sealed connectors for 2 ground circuits, with combined left/stop, combined right/stop, park lamps, back up lamps. Also includes 2 additional pass through wires to cab. 90P Power Equipment Group - (Included in (90A) Appearance Group) Includes power front side windows, power door locks and door trim panel. 588 Radio: AM/FM Stereo w/2 Speakers, USB input, Clock Display and Bluetooth Cab Exterior 54H Mirrors, Dual - Rectangular, XL2020 - 96" Width Integral spot mirror, sail type, manual fold, solid black finish. Miscellaneous PAINT Paint Type - Environmentally Friendly, "3 - Wet System" Fleet Options 134A Net Invoice Fleet Option 56A CPA Fleet Incentive Interior Color E_01 Gray Exterior Color YZ 01 Oxford White Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 15 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Warranty Standard Warranty Basic Distance Unlimited miles Months 24 months Powertrain Distance Unlimited miles Months 24 months Corrosion Perforation Distance Unlimited miles Months 36 months Roadside Assistance Distance Unlimited miles Months 24 months Diesel Engine Distance 250,000 miles Months 60 months Transmission Distance 250,000 miles Months 60 months Frame Rail Distance Unlimited miles Months 60 months Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 16 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Vehicle Dimension and Performance Summary Performance predictions in this report represent an estimate of vehicle performance based on standard operating conditions. Variations in customer equipment, load configuration, ambient conditions, and/or operator driving techniques can cause significant variations in vehicle performance. These values are not representative of results that may be shown in actual dynamometer tests. This report should therefore be used as a guide for comparative vehicle performance. Dimensions A B C D E F G H I I J K L L M M Front of Bumper to Front Axle 39.00 in. Front Bumper to Back of Cab (BBC) 113.00 in. Wheelbase (WB) 194.00 in. Overall Length (OAL) 308.00 in. Back of Cab to Rear Axle (CA) 120.00 in. Back of Cab to End of Frame 195.00 in. Rear Axle to End of Frame (AF) 75.00 in. Frame Section Height 10.40 in. Rear Frame Height Unloaded 38.00 in. Rear Frame Height Loaded 36.50 in. Cab Height 94.30 in. Body Width 96.70 in. Maximum Ground Clearance N/A Minimum Ground Clearance N/A Front Tread 83.80 in. Rear Tread 72.60 in. Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 17 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Vehicle Dimension and Performance Summary (cont'd) -- -I- F-1 Weight Licensing GVWR does not exceed 26,000 lbs and may not require a Commercial Driver's License (CDL). Contact your local state commercial driver licensing office for specifics on what your state requires. GVW Front Axle Rear Axle Totals Chassis 6,537 lbs Body 0 lbs Occupants Weight 200 lbs 1 Max Payload - (Max Payload) 5,263 lbs TOTAL 12,000 lbs Ratinas 3,984 lbs 10,521 lbs 0 lbs 0 lbs 100 lbs 300 lbs 9,915 lbs 15,178 lbs 13,999 lbs 25,999 lbs Front Axle Rear Axle GAWR 12,000 lbs Wheels/Tires 12,350 lbs Suspension 12,000 lbs Axle 12,000 lbs Legal Axle Limit 0 lbs Front And Rear GAWR Total Will Exceed Overall GVWR 21,000 lbs 23,360 lbs 21,000 lbs 21,000 lbs 0 lbs GVWR 25,999 lbs Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 18 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Vehicle Dimension and Performance Summary (cont'd) Start, Grade and Speed Shift Indicator Vehicle equipped without Park Pawl. Shift indicator will display RNDM. Start Ratio Desired Calculated Start grade capability in 1st gear 3.97 15.00 % 29.42 % Start grade capability in reverse 3.13 15.00 % 23.16 % Grade Ratio Desired Calculated Maximum grade in 4th gear 1.15 3.00 % 9.18 % Maximum grade in 5th gear 0.86 3.00 % 6.86 % Maximum grade in 6th gear 0.67 3.00 % 5.39 % Speed Desired Calculated Top Speed (level grade) 75 mph 96 mph To meet your requirement you need a maximum axle ratio of 7.88 Top Speed on 3.0% grade 55 mph To meet your requirement you need a maximum of 166 hp Cruise Speed 60 mph 67 mph Engine RPM at desired cruise speed 2,067 rpm Variables in Use Rear axle ratio: Tire size: Gross Vehicle Weight (GVW) Clutch engagement torque: Torque conversion ratio: Peak engine torque: Engine Power: 6.17/6.17 11 R22.5 (497 rev/mile) 25,999 Ibs 363 ft.lbs. 1.85 725 ft.lbs. 300 hp @ 2,500 rpm Governed RPM: Frontal Area: Cruising RPM Worst road surface Final Drive Ratio: Drag Coefficient 3,300 rpm 57.28 Sq.Ft. 2,300 rpm Typical Highway 0.67 0.80 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 19 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Vehicle Dimension and Performance Summary (cont'd) Shift Chart Shift Chart displays mathematical geared speed. Diesel engines use Governed RPM for shift points. Gas engines use Peak Torque RPM for shift points. 3.500 3,000 2,500 E 2,000 a L 1,500 1,000 500 0 —Gear Shift —Peak Torque RPM —Cruising RPM Cruise Speed —Peak HP RPM —Governed RPM 1st 2nd! 3rd #th i .... .... 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 mph Turning Radius Turning radius to curb: Turning radius to bumper: 26.31 ft 27.89 ft Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 20 CHASSIS SPECIFICATIONS Prepared for: Jordan Vanderbusch Project Leader, Terex Prepared by: Mike Johnson 11/22/2021 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2023 F-750 Diesel Regular Cab Base (F7D) Price Level: 315 1 Quote ID: QU16792 Pricing Summary - Single Vehicle Vehicle Pricing Base Vehicle Price Options Colors Upfitting Fleet Discount Destination Charge Total Customer Signature Acceptance Date Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 21 BURLINGAME STAFF REPORT AGENDA NO: 8d MEETING DATE: May 16, 2022 To: Honorable Mayor and City Council Date: May 16, 2022 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Art Morimoto, Assistant Director of Public Works — (650) 558-7230 Subject: Adoption of Resolutions Initiating Proceedings to Renew the Levy and Collection of Assessments for the Downtown Burlingame Avenue Streetscape Improvement Project for Fiscal Year 2022-23 RECOMMENDATION Staff recommends that the City Council adopt the attached resolutions to initiate proceedings to renew the levy and collection of assessments for the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1 for fiscal year 2022-23 as follows: a. Initiate proceedings for the levy and collection of assessments for fiscal year 2022-23; b. Approve the Annual Engineer's Report for fiscal year 2022-23; and c. Declare the intention to levy and collect assessments for fiscal year 2022-23. BACKGROUND At its April 2, 2012 meeting, the City Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1. The proceedings were conducted under the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (Act) (Streets and Highways Code section 22500 et seq.). Weighted ballots were sent via certified mail to the property owners on April 5, 2012. At the May 21, 2012 meeting, the City Council conducted a Public Hearing to tabulate ballots for the Assessment District. The results of the ballot showed no "majority protest", thereby allowing the City Council to order improvements, form the Assessment District, and levy assessments totaling $335,787 annually for 30 years to the downtown Burlingame Avenue property owners. Property owners were given the option to pre -pay their assessments to avoid paying annually. Five property owners have exercised this option. DISCUSSION The Engineer's Report is updated annually to reflect any changes that may have occurred to property configuration in the Assessment District. The Act requires an annual Public Hearing to confirm and levy the assessment. The Public Hearing will be held on June 6, 2022. 1 Levy and Collection of Assessments for the Downtown Burlingame Avenue May 16, 2022 Streetscape Improvement Project for Fiscal Year 2022-23 FISCAL IMPACT The total assessment for fiscal year 2022-23 is $310,156, which reflects pre -payments by property owners. There are no changes to the annual assessment from the last year. Funds collected through assessments will be used as part of the debt payment for Burlingame Avenue Streetscape bonds. Exhibits: • Resolution Initiating Proceedings for Levy & Collections • Resolution Approving Annual Report for FY 2022-23 • Updated Engineer's Report for FY 2022-23 • Resolution Declaring Intention to Levy & Collect Assessments • Staff Report — April 2, 2012 • Staff Report — May 21, 2012 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2022-23 The City Council (the "Council") of the City of Burlingame (the "City") resolves as follows: WHEREAS, the Council previously completed its proceedings in accordance with the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape Improvement Project (the "Assessment District"); and WHEREAS, the Engineer's Report is updated annually ("Annual Report") to reflect any changes that may have occurred to property configuration in the Assessment District. NOW, THEREFORE BE IT RESOLVED AND DETERMINED AS FOLLOWS: 1. Annual Report: The Council orders staff to prepare and file with the Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2022 and ending June 30, 2023. 2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District. Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of May, 2022 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, APPROVING THE ANNUAL REPORT FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2022-23 The City Council (the "Council") of the City of Burlingame (the "City") finds as follows: WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape Improvement Project (the "Assessment District"); and WHEREAS, the Council has, by previous resolution, ordered staff to prepare and file the Annual Report concerning the levy and collection of assessments within the Assessment District; and WHEREAS, staff has prepared and filed such Annual Report with the Clerk; and WHEREAS, the Council has reviewed the Annual Report. NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. Approval of Report: The Council approves the Annual Report concerning the levy of assessments as submitted for the fiscal year commencing July 1, 2022 and ending June 30, 2023. Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of May, 2022 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk City of Burlingame Assessment District No. 2012-1, Downtown Burlingame Avenue Streetscape Improvement Project Engineer's Report City of Burlingame Fiscal Year 2022/23 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1-1 2. INTRODUCTION 2-1 2.1. Background of District...................................................................................2-1 2.2. Reason for the Assessment..........................................................................2-1 2.3. Establishment of the Assessment.................................................................2-1 3. PLANS AND SPECIFICATIONS 3-1 3.1. Description of the Boundaries of the District.................................................3-1 3.2. Description of the District Improvement Project............................................3-1 3.3. Map of District Improvement Project.............................................................3-1 4. ESTIMATE OF COSTS 4-1 4.1. District Improvement Project Costs..............................................................4-1 5. SPECIAL AND GENERAL BENEFIT 5-1 5.1. Introduction...................................................................................................5-1 5.2. Identification of Benefit..................................................................................5-1 5.3. Separation of General Benefit......................................................................5-3 5.4. Quantification of General Benefit..................................................................5-4 5.5. Apportioning of Special Benefit.....................................................................5-5 6. METHOD ASSESSMENT 6-1 6.1. Assessment Budget.......................................................................................6-1 6.2. Method of Assessment Spread.....................................................................6-2 6.3. District Improvement Project Debt Financing.................................................6-2 6.4. Assessment Prepayment Formula.................................................................6-3 7. ASSESSMENT DIAGRAM 7-1 8. ASSESSMENT ROLL 8-1 1. EXECUTIVE SUMMARY The City Council of the City of Burlingame ("City Council'), pursuant to the Landscaping and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of the State of California ("1972 Act'), previously formed the assessment district known and designated as "Assessment District No. 2012-1, Downtown Burlingame Avenue Streetscape Improvement Project', (hereafter referred to as the "District'). The City Council has initiated proceedings directing the preparation and filing of a report for Fiscal Year 2022/23 presenting the improvements, an estimated cost, including debt financing, of the improvements, annual administrative costs, and a diagram showing the area and properties to be assessed. The following assessment is authorized in order to pay the estimated costs, including debt financing of the improvements and annual administrative costs to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the assessment: Description Amount District Improvement Project Costs $11,227,015 Less: Allocation to General Benefit(1) (3,238,994) Subtotal: Allocation to Special Benefit $7,988,021 Less: Sewer and Water Enterprise Fund Contribution(2) ($922,000) Less: TLC Grant (301,000) Less: Additional Contribution from Parking Enterprise Fund (782,432) Less: Additional City Contribution (20,195) Total Amount to be Specially Assessed $5,962,394 Total Amount Pre -Paid During 30 Day Collection Period $341,582 Annual Assessable Budget: Average Annual Debt Service Payment(3) $310,156 Total Annual Assessable Budget $310,156 (1) See Section 5.4. (2) Contemporaneously with the District Improvement Project, the City, using sewer and water enterprise funds, replaced the sewer and water lines under Burlingame Avenue (the overall total cost for all projects is $15,443,660). A portion of the money for that project was allocated for patching the streets and sidewalks. Since the District Improvement Project eliminates the need for patching, the $922,000 is being contributed to the District Improvement Project. (3) See Section 6.3. This annual report represents no changes to the Fiscal Year 2021/22 annual report. Art Morimoto Assistant Public Works Director City of Burlingame Assessment District No. 2012-1 — City of Burlingame 3-1 Fiscal Year 2022/23 2. INTRODUCTION 2.1. Background of District The City of Burlingame ("City') has completed, in coordination with planned utility improvements, the Downtown Burlingame Avenue Streetscape Improvement Project ("District Improvement Project"). The District Improvement Project provided an opportunity for community stakeholders to plan and implement streetscaping and sidewalk improvements that complement the evolving vision and needs of the Burlingame Avenue property owners, merchants and community. The District Improvement Project improves the public infrastructure that fronts property along Burlingame Avenue (and portions of certain side streets at intersections with Burlingame Avenue) between El Camino Real and California Drive. Further, the District Improvement Project enhances the overall experience of merchants and visitors by creating a memorable Burlingame Avenue for shopping, dining, and strolling. 2.2. Reason for the Assessment The assessment covered by this Engineer's Report will generate the assessment revenue necessary to provide for a portion of the public improvements provided by the District Improvement Project and further described in Section 3.2 of this Engineer's Report. The District improvements may include but are not limited to, all of the following: streetscape improvements, sidewalk improvements, District financing costs, and administrative costs associated with the ongoing annual administration of the District. 2.3. Establishment of the Assessment The City formed the District and established assessments by complying with the procedures specified in Article MID and the Proposition 218 Omnibus Implementation Act ("Proposition 218"). In November 1996, the voters in the State of California added Article MID to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted, the opportunity to express their support for, or opposition to the proposed assessment. The basic steps of the assessment ballot procedure are outlined below. The City prepared a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments and provided a date, time, and location of a public hearing to be held on the matter. The City prepared an assessment ballot, which clearly gave the property owner the ability to sign and execute their assessment ballot either in favor of, or in opposition to, the assessment. The Notice and assessment ballots were mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City held community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballots were mailed, property owners were given until the close of the public hearing, as stated in the Notice, to return their signed and executed assessment ballot. During the public hearing, property owners were given the opportunity to address the City Council and ask questions or voice their concerns. After the public hearing, the returned assessment ballots received prior to the close of the public hearing were tabulated, weighted by the proposed assessment amount on each property and the results were announced by the City Council. Article MID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to enact the assessments as proposed. A majority protest Assessment District No. 2012-1 — City of Burlingame 4-1 Fiscal Year 2022/23 exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots were tabulated and weighted according to the financial obligation of each particular parcel. There wasn't a majority protest as described above and the City Council approved the District formation and assessments. The City Council will annually declare its intention to levy and collect the assessments within the District and hold a public hearing concerning such levy of assessments. At such time all interested persons shall be afforded the opportunity to hear and be heard. Assessment District No. 2012-1 — City of Burlingame 2-2 Fiscal Year 2022/23 3. PLANS AND SPECIFICATIONS The District provides for various Burlingame Avenue streetscape and sidewalk improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1. Description of the Boundaries of the District The boundaries of the District include properties located along Burlingame Avenue within the City. The District runs along Burlingame Avenue and is bounded on the east by California Drive and on the west by El Camino Real. The City will not provide public improvements from the District Improvement Project to any area located outside of the District boundaries. Section 7 of this Engineer's Report provides an assessment diagram that more fully provides a description of the District's boundaries and the parcels within those boundaries. 3.2. Description of the District Improvement Project The District Improvement Project includes streetscape items such as sidewalk, street and pedestrian lighting, trees and landscaping, seating, signage, kiosks, gateway treatments, site furnishings, and other parking improvements, appurtenant facilities, and soft costs. The District Improvement Project provides for public improvements to be distributed throughout the entire District, and as such, are of direct and special benefit to the parcels within the District. The District Improvement Project consists of a classic design style with touches of traditional and contemporary design. This desired design style creates a structured, timeless design with patterned, elegant materials consistent throughout the Burlingame Avenue area. Not only does the District Improvement Project provide necessary street improvements, but it allows for an increase in pedestrian space along Burlingame Avenue. To allow for this additional pedestrian space, parallel parking replaced the existing angled parking. The change from angled parking to parallel parking will allow for an expanded 16 foot width of sidewalk area on both sides of Burlingame Avenue. This additional sidewalk area can provide sufficient space for seating, art features, landscaping, and lighting. Burlingame Avenue will be maintained with two-way traffic and 10 foot wide travel lanes. The parallel parking stalls, with a parking assist zone, will have a width of nine feet. The parking assist zone allows for car door openings and limited bike through lanes along Burlingame Avenue. At the intersection corners along Burlingame Avenue bulb -outs are proposed to allow for additional pedestrian areas. In addition to providing an enhanced pedestrian area, the corner intersection bulb -outs will reduce pedestrian crossing distances. As an additional safety feature, the crosswalks will be of a different construction material than the street surface to provide a warning for traffic to slow down. The District Improvement Project includes asphalt paving in the roadway and colored concrete for the parking and parking assist zones. The sidewalks, corner intersection bulb -outs and cross walks will be constructed of concrete pavers. Trees, street lights with limited features, and other public furnishings are also included throughout the District. 3.3. Map of District Improvement Project The following map provides the approximate location (for reference only — may not include all) of the improvements provided by the District Improvement Project throughout the District. Assessment District No. 2012-1 — City of Burlingame 3-1 Fiscal Year 2022/23 Burlingame Ave Streetscape Improvements Project - Draft Concept Plan i IIJ lilt' — ! �11ili'il41its . i711 �yT+ 1i7!7a]i��s73 •r � :;4 z 0 O i CALTRAIN Burlingame Ave Streetscape Improvements '� `i AL A February 28, 2012 4. ESTIMATE OF COSTS The estimated cost of the District Improvement Project as more fully described in Section 3 of this Engineer's Report is outlined below. 4.1. District Improvement Project Costs The following table provides the costs for the District Improvement Project. Refer to Section 6 for more detail on the financing plan and the annual assessment budget. Description Amount District Improvement Project Costs Construction $9,709,355 Construction Management 825,660 Construction Engineering 332,000 Engineering Administration 360,000 Total District Improvement Project Costs $11,227,015 Contemporaneously with the District Improvement Project, the City, using sewer and water enterprise funds, replaced the sewer and water lines under Burlingame Avenue (the overall total cost for all projects was $15,443,660). By completing the District Improvement Project in coordination with the utility improvements, it saved significant project costs and minimize the construction impacts to property and businesses along Burlingame Avenue. A portion of the planned utility improvement budget, $922,000, was allocated for patching the streets and sidewalks. Since the District Improvement Project eliminates that need for patching, the $922,000 is being contributed to the streetscape project from the sewer and water enterprise funds and thus will not be specially assessed. Thus, overall, the District Improvement Project was funded by state gas tax, Measure A funds, grant funds, sewer and water enterprise funds, the parking enterprise fund, and revenues from District special assessments. Assessment District No. 2012-1 — City of Burlingame 4-1 Fiscal Year 2022/23 5. SPECIAL AND GENERAL BENEFIT 5.1. Introduction Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the improvements. Division 12 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements necessary or convenient for providing certain public services. Section 22573 of the Landscaping and Lighting Act of 1972 requires that assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. " Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts, and public parkways. Furthermore, Proposition 218 requires that the City separate the general benefit from special benefit, so only special benefit may be assessed. 5.2. Identification of Benefit The District Improvement Project will provide benefits to both those properties within the District boundaries and to the community as a whole. The benefit conferred to property within the District can be grouped into three primary benefit categories; aesthetic benefit, safety benefit, and economic activity benefit. The three District benefit categories are further expanded upon in each section below. Aesthetic Benefit The aesthetic benefit relates to the increase in the overall aesthetics as a result of the District Improvement Project. The District Improvement Project will provide public street and sidewalk infrastructure beautification throughout the District, that will enhance the overall image and desirability of the properties within the District. Burlingame Avenue streetscape improvements within the District were last completed back in the early 1960s. Since that time, the public facilities have deteriorated. The following aesthetic benefits will be provided as a result of the District Improvement Project: • The District Improvement Project enhances the community identity of the Burlingame Avenue area, which will lead to a stronger and healthier street corridor. The image of the Burlingame Avenue area will be increased by correcting the visual clutter such as trash containers and news racks that currently encroach on the pedestrian area. • Uniform and up to date streetscape and sidewalk improvements creates cohesion throughout the District from El Camino Real to California Drive. This District cohesion enhances the retail experience as well as encourage maximum use of space. Assessment District No. 2012-1 — City of Burlingame 5-1 Fiscal Year 2022/23 Upgraded streetscaping and sidewalk amenities provided by the District Improvement Project enhances the appearance, desirability, and "livability" of the property directly fronting the improvements provided throughout the District. As a result of the District Improvement Project, the overall "livability' of the District increases. "Livability' encompasses several qualities and characteristics that are unique to a specific area. The Victoria Transport Policy Institute (www.vtpi.org) expands on the concept of "livability" and the various benefits associated with that designation: "The livability of an area increases property desirability and business activity. Livability is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers and visitors. This includes local environmental conditions, the quality of social interactions, opportunities for recreation and entertainment, aesthetics, and existence of unique cultural and environmental resources." Safety Benefit The District Improvement Project provides an increased level of safety to the property, businesses, and visitors to the District. Additionally, the District Improvement Project help mitigate potential criminal activity throughout the District area. The following safety benefits are provided as a result of the District Improvement Project: • The District Improvement Project repaired uneven and deteriorating sidewalks within the District. Improvements to the existing sidewalk infrastructure will reduce the number of future trip and fall occurrences potentially occurring in front of District property. • The District Improvement Project provides better lighting throughout the Burlingame Avenue area. The improved lighting ensures that sidewalks, streets, and property fronts are more visible. This increased level of visibility reduces the opportunities for vandalism to property within the District. • Wider sidewalks provide additional space between vehicle and property as well as vehicle and pedestrian, which provides a safety benefit for both property and pedestrian. • Traffic calming improvements can reduce automobile traffic and speeds, which in turn, increases the safety for vehicular passengers, pedestrians, and other non -motorized travels. The streetscaping strategies utilized in the development of the District Improvement Project provide numerous safety benefits to property and people throughout the District. Again, the Victoria Transport Policy Institute (www.vtpi.org) notes the safety benefit attributable to streetscaping improvements: "Several studies indicate that common streetscaping strategies, such as landscaping and narrowing traffic lanes, tend to increase traffic safety. Streetscaping that reduces traffic speeds and improves pedestrian crossing conditions can significantly reduce collisions. Research by the U.S. Highway Safety Research System concludes that road diets (arterial street traffic calming) typically reduce crash rates by 47% on major highways through small urban areas, by 19 % on corridors in larger city suburban areas, and 29 % overall. " Assessment District No. 2012-1 — City of Burlingame 5-2 Fiscal Year 2022/23 Economic Activity Benefit The economic activity benefit relates to the increase in the District's economic activity and further potential as a result of the District Improvement Project. The economic activity for property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following economic activity benefits as a result of the District Improvement Project: • The District Improvement Project revitalizes the Burlingame Avenue area. This revitalization will encourage new business development and existing business expansion which will reduce vacancy rates and increase lease rates for property within the District. • The streetscaping improvements encourages an increase in commerce throughout the District. The Burlingame Avenue area will become more pedestrian friendly, thus improving customer activity for stores and restaurants. The streetscaping improvements not only add economic value to property adjacent to the improvements, but the improvements make the property appear more stable and prosperous. The National Complete Streets Coalition (www.completestreets.org) notes that: "Street design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for existing businesses, but also is a proven method for revitalizing an area and attracting new development. Washington, DC's Barracks Row was experiencing a steady decline of commercial activity due to uninviting sidewalks, lack of streetlights, and speeding traffic. After many design improvements, which included new patterned sidewalks, more efficient public parking, and new traffic signals, Barrack's Row attracted 44 new businesses and 200 new jobs. Economic activity on this three-quarter mile strip (measured by sales, employees, and number of pedestrians) has more than tripled since the inception of the project. " 5.3. Separation of General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements to be provided by the assessments levied. The District improvements, which are more fully presented in Section 3.2 of this Engineer's Report, will be constructed and provided within the District boundaries only. There will be no improvements from the District Improvement Project constructed outside of the District boundaries. The District Improvement Project provide aesthetic, safety, and economic benefits to the property within the District, but it is recognized that the District Improvement Project also provides a level of benefit to some property and businesses within proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District as well as individual passing through the downtown Burlingame Avenue area are able to utilize the improvements to not only access property and businesses located within a close proximity to the District, but also roadways located outside of the District. Therefore, the general benefit created as a result of the District Improvement Project has been considered. Assessment District No. 2012-1 — City of Burlingame 5-3 Fiscal Year 2022/23 5.4. Quantification of General Benefit In order for property within the District to be assessed only for that portion of special benefit received from the District Improvement Project, the general benefit provided by the District Improvement Project needs to be quantified. The amount of general benefit provided from the District Improvement Project can not be assessed to the benefitting properties within the District. To quantify the general benefit provided to the variety of traffic that passes through the District for the general benefit of enjoying the surrounding atmosphere, observing the level of economic activity, or accessing adjacent property or arterial streets in a more efficient and safe manner, both vehicular and pedestrian traffic flows have been incorporated in the quantification of general benefit. Vehicular Traffic Activitv Access to the Burlingame Avenue commercial core area is provided by major north -south arterials. Those major arterials are El Camino Real to the west of the District and California Drive to the east of the District. Collector streets feed traffic to these and other arterials throughout the City. As such, Burlingame Avenue is considered a collector street within the City. In 2010, the City adopted the Burlingame Downtown Specific Plan ("Specific Plan"). The Specific Plan included a Traffic Impact Analysis Technical Memorandum ("Traffic Analysis") prepared by Wilbur Smith Associates. This Traffic Analysis evaluated existing traffic conditions at various points throughout the project area. One point evaluated by the consultants was existing travel conditions at the intersection of Burlingame Avenue and Park Road. The Traffic Analysis evaluated, among other characteristics, traffic counts, turning movement data, vehicle delay, and level of service for each intersection. Existing conditions for the project area intersections, including the Burlingame Avenue intersection, were evaluated during a weekday, evening peak hour timeframe. There were 664 observed traffic counts at the intersection of Burlingame Avenue and Park Road. Park Road terminates at Burlingame Avenue requiring traffic to either turn left or right onto Burlingame Avenue. In addition to the Traffic Analysis, information related to vehicle trips by purpose was used from the Summary of Travel Trends 2009 National Household Travel Survey ("2009 NHTS") sponsored by the U.S. Department of Transportation Federal Highway Administration. Of the observed 2,171 vehicle trips in the 2009 NHTS survey, 643 trips represented social, recreational and other travel purposes; the remaining 1,425 vehicle trips represented work, shopping and other errands. Applying this vehicle trip breakdown to the observed traffic counts at the intersection of Burlingame Avenue and Park Road, 207 of the traffic counts represent social, recreational, and other travel purposes not directly related to District activities but more likely utilizing Burlingame Avenue as a collector street to feed to one of the adjacent arterial streets. This non -District related traffic count represents approximately 31.20% of the total observed traffic counts and is considered to be general benefit from the District Improvement Project. Pedestrian Traffic Activity As result of the sidewalk improvements and beautification provided by the District Improvement Project, there is a level of benefit to those pedestrians not involved with any of the shopping, dining, or other commerce activities provided by the District properties. People walk for a variety of reasons; work, errands, shopping, recreation, health, and many others. Further, pedestrians will seek out and utilize sidewalk facilities that provide a safe place to walk as well as an environment that provides a certain amount of visual interest. Again, the 2009 NHTS analyzed the annual numberof walking trips and the purpose of the walking trips made by individuals surveyed. Of the annual total 40,962 (in millions) walking trips, 30,129 of those walking trips were for travel, work, shopping, errands, business obligations, and meals; the remaining 10,833 walking trips were for social, recreational, and other purposes. The social, recreational, and other purpose walking trips represented 26.5% of the total walking trips reported. Therefore, to account for that portion of the Burlingame Avenue pedestrian activity utilizing the improvements provided by the District Improvement Project for non -District related activities, 26.50% of pedestrian traffic activity is considered to be of general benefit. Since the District Improvement Project provides a blend of both vehicular and pedestrian activity the two categories must be addressed in a collective form rather than independently. Therefore, to appropriately quantify the overall level of general benefit provided by the District Improvement Project the arithmetic mean Assessment District No. 2012-1 — City of Burlingame 5-4 Fiscal Year 2022/23 of the general benefit percentages from the vehicular traffic activity and the pedestrian traffic activity has been calculated. This general benefit result is provided in the table below. Description Percentage General Benefit 28.85% Accordingly, 71.15% of the benefits from the District Improvement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein. 5.5. Apportioning of Special Benefit As outlined above, each of the parcels within the District is deemed to receive special benefit from the District Improvement Project. Each parcel that has a special benefit conferred upon it as a result of the District Improvement Project is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire cost of the District Improvement Project. Benefit Point Assignment Aesthetic Benefit Points Aesthetic benefit points are assigned based upon not only the property's location to the District Improvement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District Improvement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District Improvement Project. Therefore, the aesthetic benefit to each parcel in the District is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the aesthetic benefits received from the District Improvement Project. Safety Benefit Points The safety benefit points are assigned based upon not only the property's location to the District Improvement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District Improvement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District Improvement Project. Therefore, the safety benefit to each parcel in the District is deemed to be the same. Each property within the District is assigned one (1.00) benefit point for the safety benefits received from the District Improvement Project. Economic Activity Benefit Points The economic activity benefit points are assigned based upon not only the property's location to the District Improvement Project, but also the property's zoning designation. All District parcels are located within the Burlingame Avenue Commercial District, which has a commercial zoning designation. Additionally, since the District Improvement Project is provided uniformly throughout the District all properties within the District are within the same proximity to the location of the infrastructure provided by the District Improvement Project. Therefore, the economic activity benefit to each parcel in the District is deemed to be the same. The Burlingame Avenue Commercial District is already a well -established commercial district with a strong economic activity presence. The Burlingame Avenue area features a mixture of restaurants, national retail stores, and many locally based retailers. Marketing and promotional efforts to increase the economic presence of an expanded area that includes the District boundaries is currently being funded by the Burlingame Avenue Downtown Business Improvement District ("DBID"). In an effort to increase the economic presence, business owners within the DBID pay an annual assessment to fund various activities that aid in the promotion, advertising and image building of the businesses within the DBID boundaries. Existing marketing and promotional activities throughout the District area have resulted in higher tenant lease rates. According to Loopnet.com on March 23, 2012, the average lease rate along Burlingame Assessment District No. 2012-1 — City of Burlingame 5-5 Fiscal Year 2022/23 Avenue was approximately 45% higher than the average lease rate along the City's Broadway Avenue, another commercial area. Retail sales are also strong within the District, according to City Economic Development data, with sales per square foot generally ranging from $300 to $800+ per square foot. Further, there were a few new buildings constructed in the downtown around the time of formation of the District and several major remodels of existing buildings to accommodate new retail uses generally limited to tenant improvements. Given this already existing strong economic activity presence throughout the District, as well as the potential for property to further develop and enhance their economic presence, each property within the District is assigned one-half (0.50) benefit point for the economic activity benefits received from the District Improvement Project. The following table provides a summary of the special benefit points assigned to each parcel within the District. Aesthetic Safety Economic Parcel Land Use Benefit Point Benefit Point Activity Benefit Classification Assignment Assignment Point Assignment All District Parcels 1.00 1.00 0.50 J Parcel Factors The method of apportioning the benefit to the parcels within the District reflects the proportional special benefit assigned to each property from the District Improvement Project based upon the various property characteristics for each parcel as compared to other properties within the District. As part of the special benefit analysis, various property characteristics were analyzed including parcel size, street frontage, building size, land use, trip generation etc. Given that the special benefits provided by the District Improvement Project focuses on aesthetic benefit, safety benefit, and economic activity benefits it was determined that linear frontage and lot square footage are the most appropriate parcel factors. Each parcel's linear frontage and lot square footage have been used as the primary assessment variables for the calculation and assignment of parcel factors. By adjusting the assigned special benefit points set forth above by parcel factors, a more complete picture of the proportional special benefits received by each parcel from the District Improvement Project is presented. Therefore, linear and lot parcel factors were calculated for each parcel in the District according to the formulas below: Linear Factor Pursuant to Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial District, each lot shall have a street frontage of at least 50 feet. Utilizing the prescribed street frontage as set forth in the City's Zoning code, a linear factor is calculated for each parcel based upon the assigned linear frontage for the parcel divided by 50.00: Linear Factor = Parcel's Assigned / 50.00 Linear Street Frontage There are several parcels located at street intersections within the District. The District Improvement Project partially extends along the side streets at these intersections with Burlingame Avenue. To account for the partial extension of the District Improvement Project at each street intersection, the side street linear frontage of the improvement has been added to each corner parcel to account for this increased linear frontage adjacent to the District Improvement Project. Assessment District No. 2012-1 — City of Burlingame 5-6 Fiscal Year 2022/23 Lot Factor Pursuant to Section 25.32.050 of the City's Zoning Code for the Burlingame Avenue Commercial District, each lot shall have an area of at least 5,000 square feet. Utilizing the prescribed lot square footage as set forth in the City's Zoning code, a lot factor is calculated for each parcel based upon the assigned lot square footage for the parcel divided by 5,000: Lot Factor = Parcel's Assigned / 5,000 Lot Square Footage Total Special Benefit Point Calculation Parcel's Total Parcel's Total Special Benefit - Aesthetics Points + Points Parcel's Total Parcel's Total Economic Safety Points + Activity Points Parcel's Total Aesthetic Points The District Improvement Project, as well as the store and property fronts that are adjacent to those linear improvements provide an enhanced level of interest and "curb appeal" that add to the overall experience along Burlingame Avenue. Since the improvements and furnishings are uniform throughout the District, the "curb appeal" is consistent for the front of each parcel located within the District. Additionally, the uniform landscaping aids in softening the surrounding edges of each parcel's front exposure to the District Improvement Project by adding life, color, and texture to the property's appearance, and overall pedestrian experience. Given the linear nature of the aesthetic benefits provided by the District Improvement Project, the aesthetic benefit that each property receives is also perceived on a linear basis. To appropriately quantify and assign the aesthetic benefit received by each parcel within the District, the aesthetic benefit point is further adjusted according to the formula below: Parcel's Total _ Aesthetic Benefit x Linear Factor Aesthetic Points Points Assigned Parcel's Total Safety Points The District Improvement Project provides enhanced lines of travel and sight along Burlingame Avenue, which increases the level of safety by mitigating potential accidents and crime by having the additional exposure to property and traffic. The lighting improvements also increase the visual sight line by providing additional exposure to property fronts, especially during the evening hours. This additional exposure reduces the potential for crime and vandalism to the front of property throughout the District. Further, the sidewalk and parking zone along Burlingame Avenue provides a buffer for traffic and the property frontage. Again, given the linear nature of the safety benefits provided by the District Improvement Project, the safety benefit that each property receives is also perceived on a linear basis. To appropriately quantify and assign the safety benefit received by each parcel within the District, the safety benefit point is further adjusted according to the formula below: Parcel's Total _ Safety Benefit Safety Points Points Assigned x Linear Factor Parcel's Total Economic Activity Points The District Improvement Project creates a more pedestrian friendly and inviting Burlingame Avenue environment that supports and encourages additional commerce activity throughout the District. The improvements allow parcels within the District to develop and redevelop to their highest and best use in accordance with City zoning and development regulations. However, the one limiting property characteristic that constrains a parcel from developing to the highest and best use is the size of the parcel itself. The size of a parcel limits the amount of development and redevelopment that may occur on the footprint of the parcel. Larger parcels allow for greater area to develop and redevelop than do smaller Assessment District No. 2012-1 - City of Burlingame 5-7 Fiscal Year 2022/23 parcels, which corresponds to larger parcels receiving proportionally greater economic activity benefit when compared to smaller parcels within the District. Therefore, the economic activity benefit for parcels in the District is in direct proportion to the size of the parcel. Since the economic activity benefits are in direct relation to the size of a parcel, then the economic activity benefits provided by the District Improvement Project is also perceived on a parcel size basis. To appropriately quantify and assign the economic activity benefit received by each parcel within the District, the economic activity benefit point is further adjusted according to the formula below: Parcel's Total Economic _ Economic Activity Activity Points Benefit Points Assigned Data Considerations and Parcel Changes Lot Factor The use of the latest San Mateo County Assessor's Secured Roll information served as the basis in determining each parcel's linear frontage and lot square footage, unless better data was available to the City. In addition, if any parcel within the District is identified by the San Mateo County Auditor/Controllerto be an invalid parcel number, the linear frontage and lot square footage of the subsequent valid parcel shall be the basis for assigning the future total special benefit points. If a single parcel subdivides into multiple parcels, the total special benefit points shall be apportioned based on the linear frontage and lot square footage of the newly created parcels. Total Special Benefit Points The total special benefit points assigned to the parcels at formation of the District were 183.28. The following table provides a breakdown of the total special benefit point assignment for each parcel in the District: Assessment District No. 2012-1 — City of Burlingame 5-8 Fiscal Year 2022/23 Assessor's Aesthetic Parcel Benefit Number ID Points Safety Benefit Points Economic Activity Benefit Points Linear Frontage Lot Linear Square Factor Footage Lot Factor Total Aesthetic Benefit Points Total Safety Benefit Points Total Economic Activity Benefit Points Total Special Benefit Points 029-122-190 1 * 1.00 1.00 0.50 70.00 1.40 2,123 0.42 1.40 1.40 0.21 3.01 029-122-220 2 1.00 1.00 0.50 50.50 1.01 10,776 2.16 1.01 1.01 1.08 3.10 029-122-230 3 1.00 1.00 0.50 50.00 1.00 10,286 2.06 1.00 1.00 1.03 3.03 029-122-240 4 1.00 1.00 0.50 50.00 1.00 9,791 1.96 1.00 1.00 0.98 2.98 029-122-250 5 1.00 1.00 0.50 50.00 1.00 9,971 1.99 1.00 1.00 1.00 3.00 029-122-260 6 1.00 1.00 0.50 50.10 1.00 6,195 1.24 1.00 1.00 0.62 2.62 029-122-270 7 1.00 1.00 0.50 49.90 1.00 13,897 2.78 1.00 1.00 1.39 3.39 029-122-280 8 1.00 1.00 0.50 55.00 1.10 10,879 2.18 1.10 1.10 1.09 3.29 029-122-330 9 1.00 1.00 0.50 50.00 1.00 6,829 1.37 1.00 1.00 0.69 2.69 029-122-360 10 1.00 1.00 0.50 116.00 2.32 16,786 3.36 2.32 2.32 1.68 6.32 029-122-999 11 1.00 1.00 0.50 147.00 2.94 28,296 5.66 2.94 2.94 2.83 8.71 029-152-110 12 1.00 1.00 0.50 80.00 1.60 5,748 1.15 1.60 1.60 0.58 3.78 029-152-120 13 1.00 1.00 0.50 25.00 0.50 2,853 0.57 0.50 0.50 0.29 1.29 029-152-160 14 1.00 1.00 0.50 60.00 1.20 9,596 1.92 1.20 1.20 0.96 3.36 029-152-190 15* 1.00 1.00 0.50 65.00 1.30 8,134 1.63 1.30 1.30 0.82 3.42 029-152-200 16 1.00 1.00 0.50 65.82 1.32 8,237 1.65 1.32 1.32 0.83 3.47 029-152-210 17 1.00 1.00 0.50 60.00 1.20 7,200 1.44 1.20 1.20 0.72 3.12 029-152-220 18 1.00 1.00 0.50 41.57 0.83 4,988 1.00 0.83 0.83 0.50 2.16 029-152-230 19 1.00 1.00 0.50 65.00 1.30 6,000 1.20 1.30 1.30 0.60 3.20 029-152-270 20 1.00 1.00 0.50 60.00 1.20 7,508 1.50 1.20 1.20 0.75 3.15 029-152-310 21* 1.00 1.00 0.50 60.00 1.20 8,322 1.66 1.20 1.20 0.83 3.23 029-152-320 22 1.00 1.00 0.50 104.58 2.09 27,590 5.52 2.09 2.09 2.76 6.94 029-152-330 23 1.00 1.00 0.50 75.00 1.50 8,572 1.71 1.50 1.50 0.86 3.86 029-153-090 24 1.00 1.00 0.50 91.50 1.83 3,726 0.75 1.83 1.83 0.38 4.04 029-153-120 25 1.00 1.00 0.50 88.33 1.77 3,781 0.76 1.77 1.77 0.38 3.92 029-153-150 26 1.00 1.00 0.50 95.50 1.91 10,347 2.07 1.91 1.91 1.04 4.86 029-201-030 27 1.00 1.00 0.50 40.00 0.80 5,000 1.00 0.80 0.80 0.50 2.10 029-201-040 28 1.00 1.00 0.50 50.00 1.00 6,250 1.25 1.00 1.00 0.63 2.63 029-201-060 29 1.00 1.00 0.50 108.08 2.16 14,823 2.96 2.16 2.16 1.48 5.80 029-201-070 30* 1.00 1.00 0.50 54.00 1.08 9,069 1.81 1.08 1.08 0.91 3.07 029-201-080 31 1.00 1.00 0.50 54.08 1.08 9,643 1.93 1.08 1.08 0.97 3.13 029-201-100 32 1.00 1.00 0.50 50.00 1.00 3,750 0.75 1.00 1.00 0.38 2.38 029-201-110 33 1.00 1.00 0.50 86.00 1.72 3,750 0.75 1.72 1.72 0.38 3.82 029-201-320 34 1.00 1.00 0.50 159.39 3.19 13,316 2.66 3.19 3.19 1.33 7.71 029-201-360 35 1.00 1.00 0.50 100.00 2.00 18,000 3.60 2.00 2.00 1.80 5.80 029-201-370 36 1.00 1.00 0.50 25.00 0.50 3,125 0.63 0.50 0.50 0.32 1.32 029-201-380 37 1.00 1.00 0.50 25.00 0.50 3,125 0.63 0.50 0.50 0.32 1.32 029-202-010 38 1.00 1.00 0.50 136.00 2.72 12,675 2.54 2.72 2.72 1.27 6.71 029-202-020 39 1.00 1.00 0.50 60.50 1.21 7,086 1.42 1.21 1.21 0.71 3.13 Assessment District No. 2012-1 - City of Burlingame 5-9 Fiscal Year 2022/23 Assessor's Aesthetic Parcel Benefit Number ID Points Safety Benefit Points Economic Activity Benefit Points Linear Frontage Linear Factor Lot Square Footage Lot Factor Total Aesthetic Benefit Points Total Safety Benefit Points Total Economic Activity Benefit Points Total Special Benefit Points 029-202-030 40* 1.00 1.00 0.50 25.00 0.50 2,552 0.51 0.50 0.50 0.26 1.26 029-202-040 41 1.00 1.00 0.50 25.00 0.50 2,403 0.48 0.50 0.50 0.24 1.24 029-202-080 42 1.00 1.00 0.50 75.06 1.50 4,453 0.89 1.50 1.50 0.45 3.45 029-202-090 43 1.00 1.00 0.50 51.24 1.02 4,770 0.95 1.02 1.02 0.48 2.52 029-204-030 44 1.00 1.00 0.50 55.00 1.10 5,500 1.10 1.10 1.10 0.55 2.75 029-204-040 45 1.00 1.00 0.50 45.00 0.90 4,500 0.90 0.90 0.90 0.45 2.25 029-204-050 46 1.00 1.00 0.50 45.00 0.90 4,500 0.90 0.90 0.90 0.45 2.25 029-204-060 47 1.00 1.00 0.50 94.00 1.88 5,850 1.17 1.88 1.88 0.59 4.35 029-204-270 48 1.00 1.00 0.50 116.50 2.33 8,100 1.62 2.33 2.33 0.81 5.47 029-211-010 49 1.00 1.00 0.50 103.33 2.07 4,417 0.88 2.07 2.07 0.44 4.58 029-211-260 50 1.00 1.00 0.50 169.00 3.38 15,400 3.08 3.38 3.38 1.54 8.30 Totals: 50.00 50.00 25.00 3,527.93 70.56 420,488 84.13 70.56 70.56 42.16 183.28 * Indicates assessment has been prepaid. Assessment District No. 2012-1 - City of Burlingame 5-10 Fiscal Year 2022/23 6. METHOD ASSESSMENT 6.1. Assessment Budaet In order to assess the parcels within the District for the special benefits received from the District Improvement Project, the general and special benefits must be separated. As previously quantified in Section 5.4 of this Engineer's Report, the general benefit received from the District Improvement Project is 28.85%. Accordingly, 71.15% of the benefits from the District Improvement Project are considered to provide special benefits to the properties within the District and thus could be subject to assessment therein. However, as shown below, because of contributions from various funds available to the City, including the sewer, water, and parking enterprise funds, Measure A funds, and grant funds, only 53.11 % of the District Improvement Project costs are being specially assessed. Reducing the District Improvement Project costs by these contributions, the total District Improvement Project costs to be specially assessed are as follows: Description Amount Total Net District Improvement Project Costs $11,227,015 Less: General Benefit Contribution (28.85%) (3,238,994) Subtotal — Portion of Budget Assessable for Special Benefit $7,988,021 Less: Sewer and Water Enterprise Fund Contribution ($922,000) Less: TLC Grant (301,000) Less: Additional Contribution from Parking Enterprise Fund (782,432) Less: Additional City Contribution (20,195) Total District Improvement Project Costs Assessed for Special Benefit(1) $5,962,394 Total Amount Pre -Paid During 30 Day Collection Period $341,582 Annual Assessable Budget: Average Annual Debt Service Payment for District Improvement Project Costs $310,156 Total Annual Assessable Budget $310,156 (1) $5,620,812 of the District Improvement Project costs have been financed over a period of 30 years. The City issued bonds for the total District Improvement Project costs assessed for special benefit and will use the assessment revenues to repay the bonds, over a period of 30 years, for the District's portion of that cost, $5,620,812, plus the City's estimated financing and interest costs. Section 6.3 of this Engineer's Report provides the basis of the average annual debt service payment used to establish the annual assessments. Assessment Rate per Special Benefit Point The assessment rate per special benefit point is calculated by dividing the total annual assessable budget by the total special benefit points assigned to the parcels in the District. The following formula provides the assessment rate per special benefit point calculation: Assessment District No. 2012-1 — City of Burlingame 6-1 Fiscal Year 2022/23 Total Annual Assessable Budget / Total Special Benefit Points = Assessment Rate per Special Benefit Point $310,156 / 169.29 = $1,832.10 The total amount of financed District Improvement Project costs, which has been determined to provide special benefit to parcels within the District, will be assessed over a period of 30 years. The individual assessments are shown on the assessment roll in Section 8 of this Engineer's Report. 6.2. Method of Assessment Spread The method of assessment is based upon a formula that assigns the special benefit to each parcel, with special benefit points being adjusted by parcel linear and lot factors. The formulas below provide a summary of the annual assessment calculation for each parcel in the District. (A) Parcel's Total Aesthetic = Parcel's Assigned Aesthetic (D) Points Benefit Points ( 1.00) x Linear Factor (B) Parcel's Total Safety - Parcel's Assigned (D) Points Safety Benefit Points (1.00) x Linear Factor Parcel's Total Economic - Parcel's Assigned Economic x (E) Activity Points Activity Benefit Points (0.50) Lot Factor (D) Parcel's Assigned / 50.00 Linear Factor Linear Frontage (E) Parcel's Assigned / 5,000 Lot Factor Lot Square Footage (F) Parcel's (A) (B) (C) Total Special = Parcel's Total + Parcel's Total + Parcel's Total Economic Benefit Points Aesthetics Points Safety Points Activity Points (F) Parcel's Parcel's Annual _ Assessment Rate: Total Special Assessment $1,832.10 x Benefit Points 6.3. District Improvement Project Debt Financing The $5,620,812 portion of District Improvement Project costs assessed to property within the District has been financed over a period of 30 years. In addition to the amount of financed District Improvement Project costs, any financing costs related to the issuance of debt such as the cost of issuance, original issue discount, and contingencies were included as part of the total amount financed. The City has calculated the annual assessment based on its costs of financing the District's portion of the District Improvement Assessment District No. 2012-1 - City of Burlingame 6-2 Fiscal Year 2022/23 Project assessed for special benefit costs over a 30 year period, and has determined that it requires an annual assessment amount of $310,156 from the District. The difference between the original estimated financing costs and the actual financing costs will not affect the annual assessments shown in this Engineer's Report. 6.4. Assessment Prepayment Formula Assessment Prepayment Formula During the 30 Days Following District Formation In the 30 days after the formation of the District, property owners had the option to prepay and permanently satisfy their portion of the total District Improvement Project costs assessed for special benefit, without interest, and without financing costs, according to the following formula: Total District Parcel's 30 Day _ Improvement Project Prepayment Amount Costs Assessed for Special Benefit Parcel's 30 Day _ Prepayment Amount - $4,475,000 Parcel's Total District's Total x Special - Special ) Benefit Points Benefit Points Parcel's Total x ( Special - 183.28 ) Benefit Points Assessment Prepayment Formula After the 30 Day Period Following District Formation Property owners within the District may prepay and permanently satisfy their entire portion (no partial prepayments) of the total annual assessment of an assessor's parcel, provided that a prepayment may be made only if there are no delinquent assessments with respect to such assessor's parcel at the time of prepayment. An owner of an assessor's parcel intending to prepay the ongoing annual assessment obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City shall notify such owner of the prepayment amount of such assessor's parcel. The assessment prepayment amount shall be calculated by the following steps: Step 1: Compute the special benefit points that could be assigned to the assessor's parcel prepaying the annual assessment obligation in the fiscal year in which the prepayment would be received by the City. Step 2: Divide the special benefit points computed pursuant to Step 1 for such assessor's parcel by the total special benefit points that could be assigned in that fiscal year to property in the entire District. Step 3: Multiply the quotient computed pursuant to Step 2 by the total annual assessment to compute that portion of the total annual assessment to be prepaid ("Parcel's Annual Assessment Amount"). Step 4: Calculate the revenue stream produced by the Parcel's Annual Assessment Amount from the date of prepayment up to and including the maturity date of the District, June 30, 2042, except that this assumed final maturity date may be amended by the City no later than the time of the calculation of the prepayment. Step 5: Calculate the present value of the annual revenue stream determined in Step 4. The present value shall be calculated using that discount rate which, when the prepayment is invested in City approved available investments earning a rate of interest equal to the discount rate, would produce annual revenues equal to the amount calculated in Step 4. Assessment District No. 2012-1 - City of Burlingame 6-3 Fiscal Year 2022/23 Step 6: Determine the prepayment amount by adding to the present value calculated in Step 5 any fees or expenses incurred by the City in connection with the prepayment calculation or the application of the proceeds of the prepayment. Assessment District No. 2012-1 — City of Burlingame 6-4 Fiscal Year 2022/23 7. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Mateo, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Assessment District No. 2012-1 — City of Burlingame 7-1 Fiscal Year 2022/23 ASSESSMENT DIAGRAM CITY OF BURLINGAME ASSESSMENT DISTRICT NO. 2012-1 DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT CITY OF BURLINGAME COUNTY OF SAN MATEO STATE OF CALIFORNIA ASSESSMENT ID APN-� FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF 1 029-122 190 - BURLINGAME THIS DAY OF , 2012. 2 029122-220� 3 a 5 029-122-230 029122-240 029-122-z50 \ A �� % I � �$ \� CTY CLERK \\, �V CITY OF BURLINGAME \� 6 029-122-z60 ' \ SAN MATEO COUNTY, CALIFORNIA 7 8 9 029-122-270 029-122-280 029122-330 r JE AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THE CITY OF 10 029-122-360 y�-= e / u 48 BURLINGAME ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN 11 029-122-999 _ = ON THIS ASSESSMENT DIAGRAM. THE ASSESSMENT WAS LEVIED ON 12 13 029152-120 oz9lsz-12o _ �/ THE DAY OF 2012. REFERENCE IS MADE TO THE 13 2 j 22 z3 so ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE is 1s 029152-1so 02915z-190 / \ SUPERINTENDENT OF STREETS FOR THE EXACTAMOUNT OF EACH 16 17 029152-200 029-152-210 ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON C(o1° °' \ \ THIS ASSESSMENT DIAGRAM. 18 19 20 21 029152-220 029 152-230 029-isz-z70 029-152 310 21 45 / 20 94 CITY CLERK �� � '� act CITY OF BURLINGAME 22 23 029-152-320 029-152-390 1e \ SAN MATEO COUNTY, CALIFORNIA � \ ' 24 25 02&153-090 029-153-120 42 1q 43 \\ \ RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS / 19 26 02-153-150 ° ° % \ OF THE CITY OF BURLINGAME, THIS DAY OF , 2012. 27 28 029201-030 029-201-040 / 39 9 29 30 31 029-201-060 02s-201-070 029zo1-080 2 3 \ SUPERINTENDENT OF STREETS / 4 / / CITY OF BURLINGAME 32 029201-080 32 SAN MATEO COUNTY, CALIFORNIA 33 029.201.110 / 7 34 35 36 37 029-201-320 0z92o1-360 029z01-370 029201-380 FILED THIS DAY OF 2012, AT THE HOUR OF 9 31 \ O'CLOCK _M, IN BOOKOF MAPS OFASSESSMENTAND / / COMMUNITY FACILITIES DISTRICTS AT PAGE IN THE OFFICE OF 38 029202-010 11 29 / THE COUNTY RECORDER OF THE COUNTY OF SAN MATEO, STATE OF 39 40 92 0202-020 029202-030 3 3 !` �� CAL I FORNIA. 41 029202-040 10 \\ 42 029-2 2-060 ���", 21 �X� COUNTY RECORDER '���� 43 029-202-070 �\ SAN MATED COUNTY, CALIFORNIA 44 45 029204-040 029204-040 / / 46 47 029204-050k/' 029z04-060 ` 9ri y,`� \ NOTES: FOR PARTICULARS THE DIMENSIONS OF 48 029204-270 E MADE TO ASSESSORS PARCELS, REFERENCE IS MADE TO THE MAPS OF THE as oz9211-010 __ ASSESSOR OF THE COUNTY OF SAN MATED. 50 029-211-260 QNBS' Legend 0,%10[. T,m ..l, [.+ 2 0 120 240 480 720 O PROPOSED ASSESSMENT DISTRICT BOUNDARY i�im . rn:isrr: :,1s j ra,1 ��:rlrnl Feel O PARCEL LINES 8. ASSESSMENT ROLL The assessment roll is a listing of the assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The following table summarizes the assessments for the District for Fiscal Year 2021/22: Total Property Land Parcel Special Benefit Allowable Annual Total Annual Use Type Count Points Assessment Assessment $1,832.10 per special $310,156 All Parcels 45 169.29 benefit point Total 45 169.29 $310,156 The assessment roll is a listing of the District assessment apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Mateo. The assessment roll for the District is listed on the following page. Assessment District No. 2012-1 — City of Burlingame 8-1 Fiscal Year 2022/23 City of Burlingame City of Burlingame Assessment District No. 2012-1 Downtown Burlingame Avenue Streetscape Improvement Project Fiscal Year 2022/23 Assessment Roll Assessor's Parcel Assessment Total Special Annual Number ID Site Address Benefit Points Assessment(1) 029-122-220 2 1420 BURLINGAME AVE 3.10 $5,679.51 029-122-230 3 1426 BURLINGAME AVE 3.03 5,551.26 029-122-240 4 1436 BURLINGAME AVE 2.98 5,459.66 029-122-250 5 1442 BURLINGAME AVE 3.00 5,496.30 029-122-260 6 1448 BURLINGAME AVE 2.62 4,800.10 029-122-270 7 1460 BURLINGAME AVE 3.39 6,210.82 029-122-280 8 1462 BURLINGAME AVE 3.29 6,027.61 029-122-330 9 1408 BURLINGAME AVE 2.69 4,928.35 029-122-360 10 1490 BURLINGAME AVE 6.32 11,578.87 029-122-999 11 1476-80 BURLINGAME AVE 8.71 15,957.59 029-152-110 12 1200 BURLINGAME AVE 3.78 6,925.34 029-152-120 13 1208 BURLINGAME AVE 1.29 2,363.41 029-152-160 14 1232 BURLINGAME AVE 3.36 6,155.86 029-152-200 16 1316 BURLINGAME AVE 3.47 6,357.39 029-152-210 17 1348 BURLINGAME AVE 3.12 5,716.15 029-152-220 18 1354 BURLINGAME AVE 2.16 3,957.34 029-152-230 19 1380 BURLINGAME AVE 3.20 5,862.72 029-152-270 20 1300 BURLINGAME AVE 3.15 5,771.12 029-152-320 22 1218 BURLINGAME AVE 6.94 12,714.77 029-152-330 23 1210 BURLINGAME AVE 3.86 7,071.91 029-153-090 24 1100 BURLINGAME AVE 4.04 7,401.68 029-153-120 25 1150-60 BURLINGAME AVE 3.92 7,181.83 029-153-150 26 1108-18 BURLINGAME AVE 4.86 8,904.01 029-201-030 27 1471 BURLINGAME AVE 2.10 3,847.41 029-201-040 28 1461 BURLINGAME AVE 2.63 4,818.42 029-201-060 29 1435 BURLINGAME AVE 5.80 10,626.18 029-201-080 31 1423 BURLINGAME AVE 3.13 5,734.47 029-201-100 32 1407 BURLINGAME AVE 2.38 4,360.40 029-201-110 33 1401 BURLINGAME AVE 3.82 6,998.62 029-201-320 34 1479-91 BURLINGAME AVE 7.71 14,125.49 029-201-360 35 1417 BURLINGAME AVE 5.80 10,626.18 029-201-370 36 1453 BURLINGAME AVE 1.32 2,418.37 029-201-380 37 1451 BURLINGAME AVE 1.32 2,418.37 029-202-010 38 1375 BURLINGAME AVE 6.71 12,293.39 029-202-020 39 1325 BURLINGAME AVE 3.13 5,734.47 029-202-040 41 1315 BURLINGAME AVE 1.24 2,271.80 029-202-080 42 1301 BURLINGAME AVE 3.45 6,375.71 029-202-090 43 1309 BURLINGAME AVE 2.52 4,561.93 029-204-030 44 1221 BURLINGAME AVE 2.75 5,038.28 029-204-040 45 1213 BURLINGAME AVE 2.25 4,122.23 029-204-050 46 1207 BURLINGAME AVE 2.25 4,122.23 029-204-060 47 1205 BURLINGAME AVE 4.35 7,969.64 029-204-270 48 1227 BURLINGAME AVE 5.47 10,021.59 029-211-010 49 1101 BURLINGAME AVE 4.58 8,391.02 029-211-260 50 1111 BURLINGAME AVE 8.30 15,206.43 TOTALS: 169.29 $310,156.23 (1) Difference due to rounding. Page 1 of 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2022-23 The City Council (the "Council") of the City of Burlingame (the "City") resolves as follows: WHEREAS, the Council previously completed its proceedings in accordance with the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Downtown Burlingame Avenue Streetscape Improvement Project (the "Assessment District"); and WHEREAS, there have been no changes to the previous Annual Report concerning the levy and collection of assessments within the Assessment District. NOW, THEREFORE BE IT RESOLVED AND DETERMINED AS FOLLOWS: 1. Intention: The Council declares its intention to levy and collect assessments within the Assessment District to pay the costs of the improvements for the fiscal year commencing July 1, 2022 and ending June 30, 2023. The Council finds that the public's best interest requires such action. 2. Improvements: The improvements include, but are not limited to: streetscape items such as sidewalks, street and pedestrian lighting, trees and landscaping, seating, signage, kiosks, gateway treatments, site furnishings, and other parking improvements, appurtenant facilities, and soft costs. 3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the office of the City Clerk, which is incorporated by this reference. 4. Annual Report: Reference is made to the Annual Report, on file with the Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 5. Notice of Public Hearing: The Council declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Monday, June 6, 2022 at 7:00 pm or as soon thereafter as is feasible online via the Zoom platform. The Council orders the Clerk to publish notice of this resolution in accordance with Section 22626 of the Act. 6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that was previously approved by the property owners (as "increased assessment" is defined in Section 54954.6 of the Government Code). Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16t" day of May, 2022 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk TO: DATE: FROM: SUBJECT: l 1 . 0 Agenda Item # 2aE Meeting Date: April 2. 2012 SUBMITTED BY APPROVED BY HONORABLE MAYOR AND CITY COUNCIL MARCH 26, 2012 PUBLIC WORKS DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS - ASSESSMENT DISTRICT 2012-1. PURPOSE: It is recommended that Council take the following actions to initiate the formation of the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1, 1. Review and approve the final project concept plan. 2. Review and approve the following attached resolutions. a. Adopt the Downtown Burlingame Avenue Streetscape Improvement Project Assessment Ballot Procedures. b. Initiate proceedings for the proposed Assessment District. c. Approve the preliminary Engineers Report with proposed boundary of the Assessment District. d. Declare the intention to order the formation of the Assessment District. 3. Review and approve the sample public notice and ballot to be sent to each property owner within the district. BACKGROUND: At the January 17, 2012 meeting, the Council reviewed three options for the Burlingame Avenue Streetscape Improvements Projecfi and directed staff to proceed with Alternative 1 for the project design. Since that time, staff and the consultant team have met with the stakeholder group to further develop the design and held, a community workshop with the Council to obtain public input. In general, the recommended streetscape project concept includes 50% wider sidewalks with concrete pavers, parallel parking, intersection bulb -outs, and shorter crosswalks for pedestrian safety, site furnishings, new street lights, street trees, landscaping and new site furnishings. In addition, the project construction will also include utility replacements for water, sewer, and storm drain systems; asphalt roadway paving; concrete paving for the parking and intersection areas. Funding: The total overall estimated cost of the project (streetscape and utilities) is Approximately $11.475 M would be contributed by the City using various funding sources including water and sewer enterprise funds; parking meter rate increases, storm drainage funds, state gas tax and Measure A Grant as well as existing funds in the streetscape CfP budget. The remaining $4.475M is proposed to be funded by the Burlingame Avenue property owners through an Assessment District. DISCUSSION: In order to initiate the formation of the Downtown Burlingame Avenue Streetscape Improvements Assessment District 2012m1, Council must review and approve the following. The Final Concept Plan: The following are the key elements of the final project concept plan (The project consultant RHAA will make the presentation at the meeting). ■ 16 foot wide sidewalk made of concrete pavers ■ 10 foot wide asphalt concrete travel lanes ■ 8 foot wide concrete parallel parking stalls ■ 2 feet of parking / assist area ■ Accessible crosswalks of concrete pavers at all intersections ■ Pedestrian and roadway safety lighting ■ Hanging flower baskets with irrigation system ■ Street furnishings including bicycle racks and benches ■ Informational signage and kiosks ■ Replacement street trees and landscaping as well as ■ Gateway entry columns. Assessment District Proceedings: In order to proceed with the formation of the Assessment District 2012-1, the Council should review and approve the attached resolutions for establishing protest hearing procedures: initiation of Assessment District proceedings; the Engineer's Report; and declaration of intention to form the Assessment District. The Assessment District comprises a total of 50 parcels fronfiing Burlingame Avenue between EI Camino Real and California Drive. The attached Engineer's Repart provides the Assessment District Boundary Map and details of the special and general benefits, The assessments to individual parcels are based on three factors - aesthetics, safety, and economic benefits. The aesthetic and safety factors use linear lot frontage while the economic factor uses the individual parcel's square footage. The total annual revenue from the proposed Assessment District 2012-1 is estimated at $335,787, The average annual assessment per parcel is $61716. Actual annual assessment for a given parcel may vary depending on the actual linear frontage and square footage area of the parcel. The annual assessments will be for a period of 30 years. The property owner may pay off the annual assessments at any time during the 30 year period. Upon Council approval, the public notices and ballots will be sent via certified mailed to property owners within the proposed assessment district at least 45 days prior to the public hearing. The public hearing is set for May 21, 2012 at which the Council will hold the public hearing to receive protests and review the ballots received to determine the formation of an assessment district. The ballots are weighted by the proposed assessment amount on each property and the results announced by the City Council, If there is not a majority protest of the total ballots received prior to the close of the public hearing, the Council may proceed with the assessment district formation and pursue the project, BUDGET IMPACT: if approved, the Burlingame Streetscape Improvements project will be funded by a combination of City and Assessment District financing as described above in the staff report, EXHIBITS: Resolutions a. Assessment District Procedures b. Initiating proceedings for Assessment District No, 2012.1 c. Approve preliminary Engineers Report d. Declare intention to order the formation of the Assessment District No. 2012-1 Preliminary Engineer's Report with Assessment Boundary Map Sample Public Notice Sample Assessment Ballot Final Concept Plan (8 pages) ;r s:\a public works directory\staff reports181030 assessment district sr 3-26-12,docx TO: DATE i � ►1 Agenda Item # fia Meeting Date: May 21, 2012 SUBMITTEC APPROVED HONORABLE MAYOR AND CITY COUNCIL MAY 13, 2012 PUBLIC WORKS SUBJECT: PUBLIC HEARING TO FORM ASSESSMENT DISTRICT 2012-1 FOR DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS, PURPOSE: It is recommended that Council take the following actions to review the ballots cast in the formation of the Downtown Burlingame Avenue Streetscape Improvement Assessment District No. 2012-1. 1. Hold a public hearing to: a. Hear all interested persons in the matter of the proposed assessment district and the amounts of the assessmentrs to be imposed; b. Hear all objections, protests, support or other written communications relative to the formation of the district or the amounts of the assessments from any person; c. Receive any remaining ballot submissions (must be submitted PRIOR to the conclusion of the public hearing). 2. At the conclusion of the public hearing, Council should continue the proceeding until later in the meeting and direct the City Clerk to review all the ballots and report back to the Council before the end of the meeting. 3. Once the ballots have been tabulated, the Council should then review the ballot results and do one of the fallowing: a. If there i5 not a "majority protest" the Council may adopt the attached Resolution ordering improvements, ordering formation of the City of Burlingame Streetscape Improvement Assessment District No. 2012-1, confirming the assessment diagram, confirming and levying assessments, and authorizing necessary action; or b. if there is a "majority protest", then Council must abandon the creation of the district. BACGROUND: At the April 2, 2012 meeting, Council initiated the proceedings to form the Downtown Burlingame Avenue Streetscape Improvement Assessment District No, 2012-1. Weighted ballots were sent via certified mail to all the property owners on April 5, 2012. Ballots are weighted based on the assessment amount i calculated for each parcel. To date, of the fifty (50) ballots mailed to property owners, twenty ive (25) have been received by the City Clerk. QISCUSSION: In order to complete the formation of the Downtown Burlingame Avenue Streetscape Improvements Assessment District 2012A, Council must review the ballots and determine if there is a "majority protest" vote. In the event that the weighted assessment ballots cast in opposition, exceed the weighted assessment ballots in support, there will be a "majority protest" and the City Council will be precluded from proceeding with formation of the district. If a "majority protest' does not exist, Council may proceed with formation of the assessment district by adoption of the attached resolution. The City Clerk will review the validity of the ballots after the close of the public hearing, and report back to the Council before the end of the meeting. The ballot tabulations will be performed by the City Clerk with assistance from NBS Consultant and staff in Conference Room A at the City Hall, which will be open to the general public for observation. BUdGET IMPACT. If approved, the Burlingame Streetscape Improvements project will br funded by a combination of City and Assessment District financing. EXHIB{TS: Resolution ordering improvements and formation of assessment district 2012-1; Affidavit of mailing; Sample ballot; and Engineer's report. :r s:1a public works direcforylstaff reports\8103!) assessment district ballot count staff report re-gg-5-11-12,docx 5URi1NGAME STAFF REPORT AGENDA NO: 8e MEETING DATE: May 16, 2022 To: Honorable Mayor and City Council Date: May 16, 2022 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Andrew Wong, Senior Engineer — (650) 558-7237 Subject: Adoption of a Resolution Authorizing the Request to the Metropolitan Transportation Commission for the Allocation of FY2022-23 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the request to the Metropolitan Transportation Commission (MTC) for the allocation of FY2022-23 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project funding. BACKGROUND The City/County Association of Governments of San Mateo County (C/CAG) serves as the Congestion Management Agency and is responsible for the development and implementation of the TDA Article 3 Program in San Mateo County. Their Board of Directors adopted C/CAG Resolution 22-23 (attached), entitled "A Resolution of the Board of Directors of the City/County Association of Governments of San Mateo County Adopting the San Mateo County Transportation Development Act Article 3 Program, for FY2022-23 for $2,250,000." The City of Burlingame applied for the TDA Article 3 competitive grant program for the Murchison Drive, Trousdale Drive, and Davis Drive Bicycle Improvements Project. This project was identified from the established priority list included in the City's 2020 Bicycle and Pedestrian Master Plan (BPMP). The project scope consists of engineering design including preparation of plans and specifications, and the construction of bicycle facilities along Murchison Drive, Trousdale Drive, and Davis Drive. The project aims to support Safe Routes to Schools, enhance connectivity, and improve safety and comfort for people of varying ages and abilities. The design concepts included in the BPMP will be further analyzed and vetted as part of the design process involving community outreach and feedback. The preliminary project cost is estimated to be $1,025,000, and $400,000 in TDA Article 3 grant funds were requested. Upon conclusion of the grant application scoring process, at its regular meeting on April 14, 2022, the C/CAG Board of Directors awarded the grants to the top seven projects in the county. Burlingame was ranked second and will receive the requested amount of $400,000. The remaining estimated project cost of $625,000 will be provided by the City as local matching funds and is programmed in the City's Capital Improvement Program. 1 Resolution Authorizing the Request to MTC for Bike/Ped Project Funding Allocation under May 16, 2022 the TDA Article 3 Program Adoption of the resolution by the City Council is a requirement of the grant application process to demonstrate the City's commitment to the project. FISCAL IMPACT The total estimated cost of the project is $1,025,000 of which $400,000 will be from TDA Article 3 grant funds, with the remaining $625,000 to be funded by the City. There are adequate funds programmed in the City's Capital Improvement Program to satisfy local matching funds requirements. Exhibits: • Resolution • C/CAG Resolution 22-23 Adopting the San Mateo County TDA Article 3 Program for FY2022- 23 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2022-23 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et sec.., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled "Transportation Development Act, Article 3, Pedestrian/Bicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of "TDA Article 3" funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Burlingame desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the City of Burlingame declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Burlingame to carry out the project; and furthermore, be it RESOLVED, that the City of Burlingame attests to the accuracy of and makes the findings in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of San Mateo County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16ffi day of May, 2022, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk RESOLUTION NO. Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2022-23 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 2 1. That the City of Burlingame is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Burlingame legally impeded from undertaking the project(s) described in "Attachment B" of this resolution. 2. That the City of Burlingame has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Burlingame within the prior five fiscal years. 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et SeMc .) or responds to an immediate community need, such as a quick -build project. Findings Page 2 of 2 9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document. 10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years). 11. That the City of Burlingame agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. RESOLUTION NO. Attachment B Page 1 of 1 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2022-23 Applicant: City of Burlingame Contact person: Andrew Wong, Senior Engineer Mailing Address: 501 Primrose Road, Burlingame, CA 94010 E-Mail Address: awonq a burlingame.org Telephone: 650-558-7237 Secondary Contact (in event primary not available): Art Morimoto, Assistant Director of Public Works E-Mail Address: amorimoto@burlingame.org Telephone: 650-558-7230 Project Title (Short Description): Murchison Drive, Trousdale Drive, and Davis Drive Bicycle Route Project Amount of claim: $400.000 Description of Overall Project: The project includes the implementation of approximately 1.3 miles of bicycle facilities along Murchison Drive, Trousdale Drive, and Davis Drive. The project aims to support Safe Routes to School, enhance connectivity, and improve safety and comfort for people of varying ages and abilities. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.) Grant funding will only be utilized for the construction phase of the project. Project Budget and Schedule Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year) Bike/Ped Plan - ENV - PA&ED - PS&E 165,000 165,000 Feb-23 ROW - CON 400,000 460,000 May-23 Total Cost 400,000 625,000 1,025,000 Sep-23 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is Yes anticipated). B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. No C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Yes Highway Design Manual? (Available on the internet via: http://www.dot.cg.gov). D. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? (If "NO," provide an explanation). Yes E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that No include construction). F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and Yes year) G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: Yes RESOLUTION 22-23 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY ADOPTING THE SAN MATEO COUNTY TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PROGRAM, FOR FISCAL YEAR 2022-2023 FOR $2,250,000 RESOLVED, by the Board of Directors of the City/County Association of Governments of San Mateo County (C/CAG), that WHEREAS, C/CAG is the designated Congestion Management Agency responsible for the development and implementation of the Transportation Development Act Article 3 (TDA Article 3) Program in San Mateo County; and WHEREAS, the TDA Article 3 Program makes available $2,250,000 for eligible bicycle and pedestrian planning and capital projects; and WHEREAS, C/CAG has undertaken a process that complies with the Metropolitan Transportation Commission (MTC) Resolution 4108; and WHEREAS, C/CAG has developed the TDA Article 3 Program guidelines with input from the Bicycle and Pedestrian Advisory Committee, and the project evaluation criteria includes factors such as project readiness, level of community support, safety, network connectivity, equity, local match, plan consistency and more; and WHEREAS, the C/CAG Bicycle and Pedestrian Advisory Committee scored all twelve applications received by the November 15, 2021 deadline; and WHEREAS, based on the scoring, the one planning project and the top six highest ranked capital projects are eligible for funding under the Fiscal Year 2022-2023 TDA Article 3 Program; and WHEREAS, the C/CAG Board has considered the final recommendation from the C/CAG Bicycle and Pedestrian Advisory Committee; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City/County Association of Governments of San Mateo County that the Board hereby adopts the San Mateo County Transportation Development Act (TDA) Article 3 Program, funding the top seven Bicycle and Pedestrian project proposals for Fiscal Year 2022-2023 for $2,250,000, as shown in the associated staff report. PASSED, APPROVED, A)MD ADOPTED THIS 14TH DAY OF APRIL 2022. f7 San Mateo County TDA Article 3 FY 2022-2023 Funding Recommendation Rank Applicant and Project Average Funding Funding Score Request Recommendation Planning Project Proposals 1 Colma Bicycle and Pedestrian Master Plan 68.3 $90,000 $90,000 Plan to envision a safer, more connected active transportation system in Colma. Capital Project Proposals 1 South San Francisco: Hillside Boulevard Road Diet Improvements 80.0 $400,000 $400,000 Separated bike lanes, signalized intersection, crosswalks, ADA curb ramps & extensions. 2 Burlingame: Murchison Drive, Trousdale Drive, Davis Drive Bicycle Route 75.3 $400,000 $400,000 Adding approx. 1.3 miles of bicycle facilities in support of Safe Routes to School. 3 Brisbane: Alley Walkway — Alvarado St to San Benito Rd 74.7 $240,000 $240,000 Concrete stairway path, lighting bollards, a handrail, crosswalk, signage. 4 San Carlos: San Carlos Ave. Pedestrian Safety Improvement Project Phase III 70.1 $400,000 $400,000 Sidewalk, curb/gutter, bike lane in an unimproved segment in major thoroughfare. East Palo Alto: University Ave & Michigan Ave Intersection Improvements 5 ADA bulbouts, median improvement, Rectangular Rapid -Flashing Beacon (RRFB), 69.5 $360,000 $360,000 striping, signs. 6 Pacifica: Palmetto & Esplanade Ave. Bicycle & Pedestrian Improvement Project 68.1 $335,160 $335,160 1.4 miles of Class 11 bicycle lanes and 0.5 miles of Class I11B bicycle boulevards. 7 Millbrae: Skyline Boulevard Bicycle and Pedestrian Improvements 67.7 $400,000 $0 New crosswalks and a Class IV bike facility. 8 County of San Mateo: Sand Hill Road/1-280 Bike Lane Improvements 66.8 $320,000 $0 Extension of green bike lanes on Sand Hill Road overpass. 9 Atherton: Alameda de las Pulgas/Stockbridge Ave Ped. Crossing Improvements 60.5 $90,000 $0 Crosswalk, RRFB, and connected led advance warning signs. 10 Menlo Park: Van Buren/Ringwood Pedestrian/Bicycle Crossing Improvement 59.3 $110,000 $0 Enhanced pedestrian and bicycle crossing of Van Buren Rd at Ringwood Road. Belmont: Ralston Ave Class I Improvements 11 Class I maintenance including ADA improvements, gutter, curb, seal, slurry, asphalt 58.1 $175,500 $0 overlay. _F Total $3,320,660 $2,225,160 Total TDA Article 3 FY 2022-2023 Amount Requested: $3,320,660 Total Funding Recommendation*: $2,225,160 *C/CAG staff recommends using the $210,000 in remaining planning funds for capital project funding. STAFF REPORT Honorable Mayor and City Council May 16, 2022 AGENDA NO: 8f MEETING DATE: May 16, 2022 Sonya Morrison, Human Resources Director — (650) 558-7209 Subject: Adoption of a Resolution Authorizing the Deletion of One Vacant Recreation Coordinator 1111 Position and the Addition of One Recreation Supervisor RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the deletion of one vacant full-time equivalent (1.0 FTE) Recreation Coordinator 1/11 position and the addition of one full-time equivalent (1.0 FTE) Recreation Supervisor position. BACKGROUND The City is proposing the following amendments to the classification plan: 1. Deletion of one vacant Recreation Coordinator 1/11 (-1.0 FTE) position in the Recreation Division; 2. Addition of one Recreation Supervisor (1.0 FTE) in the Recreation Division; The Recreation Division has two vacancies in the Recreation Coordinator classification series due to two recent resignations. The Recreation Division has five budgeted Recreation Coordinators; three are currently filled. The incumbent assigned to the Village Preschool has been employed by the City for more than seven years, and the other two have tenures of six months and two months, respectively. One of the employees who recently resigned has been employed with the City more than eight years, while the other has been employed with the City less than six months. The turnover in this classification is higher than any other classification in the City. In addition, recruitment has become increasingly difficult. Historically, recruitments for this classification resulted in 120 to 200 applicants. Since 2018, this number has decreased to fewer than 30 applicants per recruitment, and staff struggles to have enough qualified candidates to interview. As a result, this will be the third recruitment for this position in two years, and the ninth in the last five years. With only one supervisor position in Recreation, the opportunity for career growth is limited at the City, and turnover is primarily related to promotional opportunity (Burlingame's salary is competitive with the market, though not as high as the City's closest neighbors). The position of Recreation Coordinator requires a Bachelor's degree, and individuals with this level of education have a variety of choices and are looking to grow. The City is not alone in the struggle to recruit Recreation Coordinators, but with the new Community Center opening 1 Classification and Compensation Plan Revisions May 16, 2022 next month, there is a very real concern about the City's ability to staff the planned programming, unless something changes. These changes in classification are deemed necessary to effectively carry out the City's priorities and support both General Fund and Recreation program activities in the new Community Center, opening next month. The changes result in no increase in overall head count or FTE count. DISCUSSION Further recruitment efforts are likely to produce similar results, which will make it difficult, if not impossible, to fill the two vacancies. In addition, recruiting for these two vacancies doesn't address the turnover issue and lack of promotional opportunities in this classification. The department would like to delete one of the vacant positions and add a Recreation Supervisor position. This will create a separate pool of candidates from a second recruitment and create promotional opportunities in the classification series, which will hopefully aid in retention. It will also better support the programming of the new Community Center, allowing for a redistribution of duties and better oversight of the programming. Notification of all changes has been provided to the appropriate bargaining units, and the proposed changes are acceptable to them. FISCAL IMPACT The fiscal impact of the proposed change results in an annual increase of $25,004. The Department has salary savings from vacant positions, so the City's FY 2021-22 budget includes sufficient funding for the personnel changes described above, and the additional funding will be appropriated in the FY2022-23 budget. Exhibit: • Resolution 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE DELETION OF ONE VACANT RECREATION COORDINATOR 1/11, AND THE ADDITION OF ONE RECREATION SUPERVISOR WHEREAS, under the City of Burlingame Civil Service Rules, adopted pursuant to Municipal Code Section 3.52.030, the City Council is the final authority for approving the classification and compensation plan; and WHEREAS, the proposed changes are as detailed below: • Delete a vacant 1.0 FTE Recreation Coordinator 1/11 position; and • Add a 1.0 Recreation Supervisor position; and WHEREAS, the basis for the proposed changes is fully detailed in the staff report for this item on the May 16, 2022, City Council agenda; and WHEREAS, this change results in an annual increase of $25,004; and WHEREAS, the bargaining units representing the impacted classifications have reviewed the proposed changes and have not brought forth any objections or concerns. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame finds, orders, and declares that: 1. The Council approves the deletion of a vacant 1.0 FTE Recreation Coordinator 1/11 position in the Recreation Division; and 2. The Council approves the addition of a 1.0 FTE Recreation Supervisor in the Recreation Division. Ricardo Ortiz, Mayor I, Meaghan Hassel Shearer City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 16th day of May 2022, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Meaghan Hassel Shearer, City Clerk STAFF REPORT Honorable Mayor and City Council May 16, 2022 AGENDA NO: 8g MEETING DATE: May 16, 2022 Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a One - Year Agreement with Maze & Associates Accountancy Corporation to Serve as the City of Burlingame's Independent External Financial Auditors for Fiscal Year Ending June 30, 2022, with an Option to Extend for One Additional Year RECOMMENDATION Staff recommends that the City Council approve the extension of the agreement with Maze & Associates Accountancy Corporation for external financial audit services for fiscal year ending June 30, 2022, with an option to extend for one additional year. BACKGROUND The City is required to have an annual, independent, external audit of its financial statements to ensure compliance with federal, state, and local laws, generally accepted accounting principles, and pronouncements and standards of the Governmental Accounting Standards Board (GASB). In accordance with the best practices promulgated by the Government Finance Officers Association (GFOA), governmental entities should enter into multi -year agreements of at least five years in duration when obtaining the services of independent auditors. Such multiyear agreements can take a variety of different forms (e.g., a series of single -year contracts), consistent with applicable legal requirements. Such agreements allow for greater continuity and help minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain "startup" costs over several years, rather than over a single year. In addition, GFOA best practices also stipulate that a governmental entity should actively seek to replace the auditor at the end of the multi -year agreement in order to preserve and enhance independence, objectivity, and impartiality. In April 2016, after a thorough RFP process, the City selected Maze & Associates as the best - qualified firm to provide independent audit and consulting services. The term of the agreement was for three years, terminating on March 31, 2019, with the option for the City to extend the agreement for up to two additional years. On May 20, 2019, the City Council approved a three-year extension through the June 30, 2021 audit. 1 Extension of Contract for Audit Services May 16, 2022 DISCUSSION Due to the impact of the COVID-19 pandemic and key City accounting employee turnovers, Finance was unable to properly engage in a new RFP process for auditing services. In order to ensure continuity of financial reporting as the City is facing additional audits and financial reporting requirements, staff proposes to extend the current agreement with Maze & Associates Accountancy Corporation to serve as the City's independent external financial auditors for the fiscal year ending June 30, 2022, with an option to extend for one additional year. This will allow staff to have more time to undergo the effort required to properly evaluate potential firms. Per staff's request, Maze & Associates prepared an Engagement Letter outlining the audit services to be performed for the upcoming fiscal year end. Maze & Associates informed the City that a CPI increase to the audit fee of 5.0% would apply to the fiscal year ending June 30, 2022 and a 3% increase would apply for fiscal year ending June 30, 2023. FISCAL IMPACT The annual cost of the audit engagement with Maze & Associates is $78,054 for the fiscal year ending June 30, 2022, and $80,518 for the fiscal year ending June 30, 2023. The actual costs in each of these years will be affected by the number of program audits required to comply with federal single audit reporting requirements and any additions to the audit scope that may be directed by the City Manager in order to meet the auditing needs of the City beyond those expressed in the original agreement. Exhibits: • Resolution • Engagement Letter 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND MAZE & ASSOCIATES ACCOUNTANCY CORPORATION FOR EXTERNAL FINANCIAL AUDITING SERVICES TO ALLOW FOR AN EXTENSION OF ONE YEAR WITH OPTION FOR ONE ADDITIONAL YEAR WHEREAS, the City is required by State law to have an annual, independent, external audit of its financial statements to ensure compliance with federal, state, and local laws, with generally accepted accounting principles and with pronouncements and standards of the Governmental Accounting Standards Board (GASB); and WHEREAS, in accordance with the best practices promulgated by the Government Finance Officers Association (GFOA), governmental entities in practice enter into multiyear agreements (usually no longer than five years) when obtaining the services of independent auditors, as such agreements allows for greater continuity and minimize the potential for disruption in connection with the independent audit ; and WHEREAS, the GFOA best practices also state that a governmental entity should actively seek to replace the external auditor at the end of the multiyear agreement in order to preserve and enhance independence, objectivity, and impartiality; and WHEREAS, consistent with the GFOA best practices, the City issued a Request for Proposals for external financial auditing services; seven firms submitted qualified proposals, three firms were selected for interviews, and after completion of the review process, the City selected Maze & Associates Accountancy Corporation as the best qualified firm; and WHEREAS, the current three-year agreement with Maze & Associates, terminating on March 31, 2019, authorizes an extension of up to two additional years; and WHEREAS, the City Council approved a three-year extension through the June 30, 2021 audit on May 20, 2019; and WHEREAS, the City has been very satisfied with the audit and consulting services provided to date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: The City Council authorizes the City Manager to execute a one-year extension of the Agreement with Maze & Associates Accountancy Corporation to include the performance of annual external auditing services for the City of Burlingame for fiscal year 2021-22 with an option 1 to extend for one additional year, as provided in the engagement letter dated April 28, 2022, attached hereto as Exhibit A. Ricardo Ortiz, Mayor I, MEAGAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 16th day of May 2022 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 Meaghan Hassel Shearer, City Clerk t/. M A�ZTE April 28, 2022 City of Burlingame Attn: Helen Yu Scott Finance Director 501 Primrose Road Burlingame, CA 94010-3997 Dear Helen: Pursuant to the City's recent request, coupled with the terms of the City's most recent engagement letter dated June 29, 2021, we are pleased to offer to extend our audit contract to include the fiscal years ended June 30, 2022 and 2023 at the following prices: 1) Annual Comprehensive Financial Report Audit and Management Letter 2) Annual Comprehensive Financial Report Preparation Assistance 3) Single Audit Act Report (one program) 4) City's State Controller's Report 5) Measure A 6) Gann Limit AUP Report if requested 7) Measure I Audit 8) AUP-Landfill 9) AUP TOT review 10) Measure W Total 2022 2023 $53,795 $55,410 Included above Included above 5,982 6,161 3,415 3,517 4,100 4,223 2,156 2,221 727 749 1,106 1,140 735 757 3,938 4,135 2,100 2,205 $78,054 $80,518 We have adjusted our fees over prior year based solely on the estimated change in the consumer price index for the Services Sector of the U.S. Department of Labor, Bureau of Labor Statistics for the San Francisco - Oakland Area. We have used the current index of 5% for 2022 and 3% for 2023. Please call me if you have any questions. We look forward to continuing to improve our service to you. Yours very truly, -�Ja�zQ- /A-55 C)doj� Maze & Associates Accountancy Corporation 3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523 r 925.930.0902 F 925.930.0135 e maze@mazeassociates.com w mazeassociates.com RESPONSE: If you agree with the terms of this contract modification, please sign below and return a copy to our office. By: Title: Date: BURL- INGAME AGENDA NO: 8h STAFF REPORT MEETING DATE: May 16, 2022 To: Honorable Mayor and City Council Date: May 16, 2022 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution to Continue Conducting City Council and Commission Meetings Remotely Due to Health and Safety Concerns for the Public RECOMMENDATION Staff recommends that the City Council adopt a resolution to continue conducting the City's Council and Commission meetings remotely due to health and safety concerns for the public. BACKGROUND On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID 19. Thereafter, on March 16, 2020, the City Council adopted Resolution Number 033-2020 declaring a local emergency due to COVID-19. The resolution states that the COVID-19 pandemic is "likely to be beyond the control of the services, personnel and facilities of the City of Burlingame" and that a "proclamation of a Local Emergency is necessary to enable the City of Burlingame and other local government entities to adequately plan, prepare and preposition resources to be able to effectively respond to the threat". On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter -in -place order, requiring all non -essential personnel to work from home. Staff quickly worked to set up Zoom meetings for all City Council and Commission meetings. The Zoom meetings have allowed the Council and Commissions to continue to conduct City business from the safety of members' homes. The City Council and Commissions have been utilizing Zoom for the past 18 months to conduct all meetings. The usage of Zoom for public meetings has allowed the City to ensure the public's continued access to government meetings while also ensuring the public's safety. 1 Application of AB 361 May 16, 2022 On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for agencies to transition back to public meetings held in full compliance with the Brown Act. In preparation for the return to in -person meetings, staff has been working on acquiring audio and visual upgrades for the Council Chambers in order to conduct hybrid meetings. Although hybrid meetings will help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, and staff will need to meet in person. Since the Governor issued Executive Order N-08-21, the Delta variant emerged, causing a spike in cases throughout the state. As a result, the San Mateo County Health Department issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021. On September 16, 2021, Governor Newsom signed into law AB 361. AB 361 allows local legislative bodies to meet remotely when: • The local agency holds a meeting during a proclaimed state of emergency; • State or local health officials have imposed or recommended measures to promote social distancing; • Legislative bodies declare that as a result of the proclaimed state of emergency that meeting in person would present imminent risks to the health or safety of attendees A "proclaimed state of emergency" refers to a gubernatorial state of emergency issued pursuant to the California Emergency Services Act, Government Code section 8625. On March 4, 2020, the Governor proclaimed a state of emergency pursuant to the California Emergency Services Act, and the proclamation remains in effect. At the September 20, 2021 Council meeting, staff requested that Council declare the need for the City Council and Commissions to continue to meet remotely in accordance with AB 361. Council adopted Resolution Number 116-2021, which allowed for the City's legislative bodies to continue to meet remotely for 30 days. Additionally, staff notified Council that in order to stay in compliance with AB 361, they would need to re-evaluate the need to meet remotely every 30 days and make findings that: A) the Council has reconsidered the circumstances of the state of emergency; and B) any of the following circumstances exist: a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or b. State or local officials continue to impose recommended measures to promote social distancing On October 18, 2021, Council re-evaluated the need to meet remotely and found that the City continued to meet the requirements of AB 361 in order to hold remote meetings. Therefore, the Council adopted Resolution Number 128-2021, which allowed for the continuation of remote meetings for 30 days. 2 Application of AB 361 May 16, 2022 On November 15, 2021, the Council found that the City continued to meet the requirements of AB 361 and adopted Resolution Number 142-2021 to allow for another 30 days of remote meetings. The Council re -affirmed this need on December 20, 2021 with Resolution Number 153-2021 and on January 18, 2022 with Resolution Number 007-2022. In February 2022, the County and State announced that effective February 16, 2022, individuals who are fully vaccinated will not be required to wear masks in most indoor public settings. On February 22, 2022, the Council re-evaluated the need to meet remotely and found that the City continued to meet the requirements of AB 361. Accordingly, the Council adopted Resolution Number 012-2022. On March 1, 2022, the State lifted the indoor mask mandate for unvaccinated adults. However, the State continues to strongly encourage individuals who are unvaccinated to continue to wear masks. Moreover, the State noted that masks are an effective tool to minimize the spread of the virus and future variants. On March 21, 2022, the Council re-evaluated the need to meet remotely and found that the City continued to meet the requirements of AB 361. Accordingly, the Council adopted Resolution Number 025-2022. And on April 18, 2022, the Council extended the need to meet remotely through Resolution Number 036-2022. DISCUSSION The City continues to meet the requirements of AB 361 in order to hold remote meetings. This is because: • The Governor's proclamation for a state of emergency issued on March 4, 2020, remains in effect • The State continues to recommend that unvaccinated members of the public wear masks • The City cannot maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners in their meeting spaces The City cannot ensure social distancing requirements are met inside Council Chambers where the City Council, Traffic, Safety & Parking Commission, and Planning Commission meet. Councilmembers and Commissioners sit well within six feet of each other and are directly above staff members. Similarly, the Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees all hold their meetings in a small conference room, making it impossible for Commissioners, staff, and members of the public to socially distance from each other. In order to ensure that everyone has equal access to speak and attend City Council and Commission meetings, staff recommends continuing to meet remotely for another 30 days. Additionally, if the Governor lifts the State of Emergency, the City Council will need to return to in person meetings. 3 Application of AB 361 May 16, 2022 FISCAL IMPACT There is no fiscal impact. Exhibits: • Resolution • Governor's Executive Order N-29-20 • Governor's Executive Order N-08-21 • AB 361 C RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING THE NEED FOR THE CITY COUNCIL AND COMMISSIONS TO CONTINUE TO MEET REMOTELY IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19, and the proclamation remains in effect; and WHEREAS, on March 16, 2020, the City Council adopted Resolution Number 033-2020 declaring a local emergency due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council and Commission meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and WHEREAS, on September 16, 2021 Governor Newsom signed into law AB 361, which allows for local legislative bodies to meet remotely due to health and safety concerns for the public; and WHEREAS, on September 20, 2021, the City Council adopted Resolution Number 116- 2021 acknowledging the need to continue to meet remotely; and WHEREAS, on October 18, 2021, the City Council after re-evaluating the situation Council adopted Resolution Number 128-2021 acknowledging the need to continue to meet remotely; and WHEREAS, on November 15, 2021, the City Council reviewed the situation, and adopted Resolution Number 142-2021 acknowledging the continued need to meet remotely; and WHEREAS, on December 20, 2021, the City Council reviewed the situation, and adopted Resolution Number 153-2021 acknowledging the continued need to meet remotely; and WHEREAS, on January 18, 2022, the City Council reviewed the situation, and adopted Resolution Number 007-2022 acknowledging the continued need to meet remotely; and WHEREAS, on February 22, 2022, the City Council reviewed the situation, and adopted Resolution Number 012-2022 acknowledging the continued need to meet remotely; and WHEREAS, on March 21, 2022, the City Council reviewed the situation, and adopted Resolution Number 025-2022 acknowledging the continued need to meet remotely; and WHEREAS, on April 18, 2022, the City Council reviewed the situation, and adopted Resolution Number 036-2022 acknowledging the continued need to meet remotely; and WHEREAS, in adherence with AB 361, the City Council must re-evaluate the need to meet remotely every 30 days; and WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners in their respective meeting locations; and WHEREAS, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings: a. The City Council has reconsidered the circumstances of the Governor's proclaimed state of emergency; and b. The state of emergency remains in effect and continues to directly impact the ability of the City Council and its Commissions, as well as staff and members of the public, to meet safely in person; and c. The State continues to strongly recommend that unvaccinated members of the public wear masks; however, the City cannot maintain social distancing requirements for unvaccinated members of the public. 2. City Council and Commission meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public. 3. The City Council and Commissions will continue to meet remotely as long as the Governor's State of Emergency remains in place. 4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution. Ricardo Ortiz, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of May, 2022, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-29-20 WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19, and WHEREAS despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS the threat of COVID-19 has resulted in serious and ongoing economic harms, in particular to some of the most vulnerable Californians; and WHEREAS time bound eligibility redeterminations are required for Medi- Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries to continue their benefits, in accordance with processes established by the Department of Social Services, the Department of Health Care Services, and the Federal Government; and WHEREAS social distancing recommendations or Orders as well as a statewide imperative for critical employees to focus on health needs may prevent Medi-Cal, CalFresh, CaIWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries from obtaining in -person eligibility redeterminations; and WHEREAS under the provisions of Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567 and 8571, do hereby issue the following order to become effective immediately: IT IS HEREBY ORDERED THAT: As to individuals currently eligible for benefits under Medi-Cal, CalFresh, CalWORKS, the Cash Assistance Program for Immigrants, the California Food Assistance Program, or In Home Supportive Services benefits, and to the extent necessary to allow such individuals to maintain eligibility for such benefits, any state law, including but not limited to California Code of Regulations, Title 22, section 50189(a) and Welfare and Institutions Code sections 18940 and 11265, that would require redetermination of such benefits is suspended for a period of 90 days from the date of this Order. This Order shall be construed to be consistent with applicable federal laws, including but not limited to Code of Federal Regulations, Title 42, section 435.912, subdivision (e), as interpreted by the Centers for Medicare and Medicaid Services (in guidance issued on January 30, 2018) to permit the extension of otherwise -applicable Medicaid time limits in emergency situations. 2. Through June 17, 2020, any month or partial month in which California Work Opportunity and Responsibility to Kids (Co[WORKs) aid or services are received pursuant to Welfare and institutions Code Section 11200 et seq. shall not be counted for purposes of the 48-month time limit set forth in Welfare an Institutions Code Section 11454. Any waiver of this time limit shall not be applied if it will exceed the federal time limits set forth in Code of Federal Regulations, Title 45, section 264.1. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn and superseded by the following text: Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley -Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations; (v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended. A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment. Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also: (i) implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and (ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to subparagraph (ii) of the Notice Requirements below. Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall: (i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in such means of public observation and comment, or any instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of such means, a body may satisfy this requirement by advertising such means using "the most rapid means of communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website. All of the foregoing provisions concerning the conduct of public meetings shall apply only during the period in which state or local public health officials have imposed or recommended social distancing measures. All state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley -Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 17th day ATTEST: ALEX PADILLA Secretary of State EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-08-21 WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS since March 2020, the State has taken decisive and meaningful actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an untold number of lives; and WHEREAS as a result of the effective actions Californians have taken, as well as the successful and ongoing distribution of COVID-19 vaccines, California is turning a corner in its fight against COVID-19; and WHEREAS on June 11, 2021, 1 issued Executive Order N-07-21, which formally rescinded the Stay -at -Home Order (Executive Order N-33-20, issued on March 19, 2020), as well as the framework for a gradual, risk -based reopening of the economy (Executive Order N-60-20, issued on May 4, 2020); and WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to roll back certain provisions of my COVID- 1 9-related Executive Orders; and WHEREAS certain provisions of my COVID-19 related Executive Orders currently remain necessary to continue to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic, including California's ongoing vaccination programs, and the termination of certain provisions of my COVID-19 related Executive Orders during this stage of the emergency would compound the effects of the emergency and impede the State's recovery by disrupting important governmental and social functions; and WHEREAS under the provisions of Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: The following provisions shall remain in place and shall have full force and effect through June 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 1) State of Emergency Proclamation dated March 4, 2020: a. Paragraph 10. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 1 1; c. Paragraph 12; and d. Paragraph 13. 2) Executive Order N-25-20: a. Paragraph 1; and b. Paragraph 7, and as applicable to local governments per Executive Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20, Paragraph 3, of reinstatement requirements set forth in Government Code sections 7522.56(f) and (g) are terminated. 3) Executive Order N-26-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; d. Paragraph 5; e. Paragraph 6; and f. Paragraph 7. 4) Executive Order N-27-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 5) Executive Order N-28-20: a. Paragraph 3; and b. Paragraph 6. 6) Executive Order N-31-20: a. Paragraph 1; and b. Paragraph 2. 7) Executive Order N-35-20: a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; c. Paragraph 6. To the extent the Director exercised their authority pursuant to this provision on or before June 30, 2021, the extension shall remain valid until the effective expiration; -IC-5— d. Paragraph 10. The State Bar shall receive the time extension in the aforementioned order for any nomination submitted to the State Bar by the Governor on or before June 30, 2021; and e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6). Claims accruing before June 30, 2021 will remain subject to the 120- day extension granted in the aforementioned orders. 8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary exercised their authority pursuant to this provision, the Secretary shall allow each facility to resume intake in a manner that clears intake backlog as soon as feasible. 9) Executive Order N-39-20: a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; and c. Paragraph 7. The leases or agreements executed pursuant to this provision shall remain valid in accordance with the term of the agreement. 10) Executive Order N-40-20: a. Paragraph 1. For rulemakings published in the California Regulatory Notice Register pursuant to Government Code section 11346.4(a)(5) prior to June 30, 2021, the deadlines in the aforementioned order shall remain extended in accordance with the order; b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12, and N-71-20, Paragraph 10). Notwithstanding the expiration of this provision, state employees subject to these training requirements shall receive the benefit of the 120-day extension granted by the aforementioned orders. All required training due on or before June 30, 2021 must be completed within 120 days of the statutorily prescribed due date; c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13 and N-71-20, Paragraph 11). With regard to appeals received on or before June 30, 2021, the State Personnel Board shall be entitled to the extension in the aforementioned order to render its decision; d. Paragraph 8. To the extent the deadlines specified in Government Code section 22844 and California Code of Regulations, title 2, sections 599.517 and 599.518 fell on a date on or before June 30, 2021 absent the extension, they shall expire pursuant to the timeframes specified in the aforementioned orders; e. Paragraph 16; f. Paragraph 17; and g. Paragraph 20. 1 1) Executive Order N-45-20: a. Paragraph 4; b. Paragraph 8; c. Paragraph 9; and d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the deadline to fill the vacancy shall remain extended for the time period in the aforementioned order. 12) Executive Order N-46-20: a. Paragraph 1; and b. Paragraph 2. 13) Executive Order N-47-20: a. Paragraph 2; and b. Paragraph 3. 14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34- 20) . 15) Executive Order N-49-20: a. Paragraph 1; b. Paragraph 3. For determinations made on or before June 30, 2021, the discharge date shall be within 14 days of the Board's determination; and c. Paragraph 4. 16) Executive Order N-50-20, Paragraph 2. 17) Executive Order N-52-20: a. Paragraph 6; b. Paragraph 7. To the extent an individual has commenced a training program prior to June 30, 2021, that was interrupted by COVID-19, that individual shall be entitled to the extended timeframe in the aforementioned order; and c. Paragraph 14; and d. Paragraph 16. 18) Executive Order N-53-20: a. Paragraph 3; b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10, and N-71-20, Paragraph 27); and c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11, and N-71-20, Paragraph 28). 19) Executive Order N-54-20, Paragraph 7. To the extent the date governing the expiration of registration of vehicles previously registered in a foreign jurisdiction falls on or before June 30, 2021, the deadline is extended pursuant to the aforementioned orders. 20) Executive Order N-55-20: a. Paragraph 1. Statutory deadlines related to cost reports, change in scope of service requests, and reconciliation requests occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; b. Paragraph 4; c. Paragraph 5; d. Paragraph 6; e. Paragraph 8; f. Paragraph 9; g. Paragraph 10; h. Paragraph 13; i. Paragraph 14. Statutory deadlines related to beneficiary risk assessments occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; and Paragraph 16. Deadlines for fee -for -service providers to submit information required for a Medical Exemption Request extended on or before June 30, 2021 shall remain subject to the extended deadline granted under the aforementioned order. 21) Executive Order N-56-20: a. Paragraph 1; b. Paragraph 6; c. Paragraph 7; d. Paragraph 8; e. Paragraph 9; and f. Paragraph 11. 22) Executive Order N-59-20, Paragraph 6. 23) Executive Order N-61-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; and d. Paragraph 4. 24) Executive Order N-63-20: a. Paragraph 8(a) (as extended by N-71-20, Paragraph 40). The deadlines related to reports by the Division of Occupational Safety and Health (Cal/OSHA) and the Occupational Safety & Health Standards Board on proposed standards or variances due on or before June 30, 2021 shall remain subject to the extended timeframe; b. Paragraph 8(c). To the extent the date upon which the Administrative Director must act upon Medical Provider Network applications or requests for modifications or reapprovals falls on or before June 30, 2021 absent the extension in the aforementioned order, it shall remain subject to the extended timeframe; c. Paragraph 8(e). To the extent filing deadlines for a Return -to -Work Supplement appeal and any reply or responsive papers fall on or before June 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for the Labor Commissioner to issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 1741, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph 41); f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for a worker to file complaints and initiate proceedings with the Labor Commissioner pursuant to Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for Cal/OSHA to issue citations pursuant to Labor Code section 6317, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph 41); i. Paragraph 10; j. Paragraph 12. Any peace officer reemployed on or before June 30, 2021 pursuant to the aforementioned order shall be entitled to the extended reemployment period set forth in the order; k. Paragraph 13; I. Paragraph 14; and m. Paragraph 15 (as extended by N-71-20, Paragraph 36). 25) Executive Order N-65-20: a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20, Paragraph 4; and N-01-21). Identification cards issued under Health and Safety Code section 11362.71 that would otherwise have expired absent the aforementioned extension between March 4, 2020 and June 30, 2021 shall expire on December 31, 2021; and b. Paragraph 7. 26) Executive Order N-66-20: a. Paragraph 3; b. Paragraph 4; and c. Paragraph 5. 27) Executive Order N-68-20: a. Paragraph 1. Notwithstanding the expiration of the aforementioned order, temporary licenses granted on or before June 30, 2021 shall be valid through September 30, 2021; and b. Paragraph 2. Renewal fee payments otherwise due to the to the California Department of Public Health absent the extension in the aforementioned order on or before June 30, 2021, shall be entitled to the extensions of time set forth in the aforementioned order. 28) Executive Order N-71-20: a. Paragraph 1; b. Paragraph 4; c. Paragraph 16. Where the statutory deadline for opening or completing investigations is set to occur on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order; and d. Paragraph 17. Where the statutory deadline for serving a notice of adverse action is due on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order. 29) Executive Order N-75-20: a. Paragraph 7. Children placed in foster care on or before June 30, 2021 shall receive such examinations on or before July 31, 2021; b. Paragraph 8; c. Paragraph 9; d. Paragraph 10. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the California Department of Public Health, or September 30, 2021, whichever occurs first; and e. Paragraph 13. 30) Executive Order N-76-20, Paragraph 3. 31) Executive Order N-77-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 32) Executive Order N-78-20 (as extended and modified by N-03-21): a. Paragraph 1; and b. Paragraph 2. 33) Executive Order N-83-20: a. Paragraph 3. To the extent the Director of the Department of Alcoholic Beverage Control suspends deadlines for renewing licenses upon payment of annual fees on or before June 30, 2021, the extension shall remain valid until the effective expiration; b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19, which extended N-52-20, Paragraph 1, and N-69-20, Paragraph 3); c. Paragraph 6 (which repealed and replaced N-71-20, Paragraph 20, which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4); and d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21, which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5). 34) Executive Order N-84-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; and d. Paragraph 5. The following provisions shall remain in place and shall have full force and effect through July 31, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20, Paragraph 2 and N-71-20, Paragraph 8). 36) Executive Order N-53-20, Paragraph 1 1 (as extended or modified by N-68- 20, Paragraph 15, and N-71-20, Paragraph 26). 37) Executive Order N-71-20, Paragraph 25. 38) Executive Order N-75-20: a. Paragraph 5; and b. Paragraph 6 The following provisions shall remain in place and shall have full force and effect through September 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 39) State of Emergency Proclamation dated March 4, 2020: a. Paragraph 3; and b. Paragraph 14. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the Department of Social Services, or September 30, 2021, whichever occurs first. 40) Executive Order N-25-20: a. Paragraph 2; b. Paragraph 3; and c. Paragraph 4. 41) Executive Order N-28-20: a. Paragraph 4; and b. Paragraph 5. 42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the following text: Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley -Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations; (v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended. A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment. Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also: (i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and (ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to subparagraph (ii) of the Notice Requirements below. Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall: (i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in such means of public observation and comment, or any instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of such means, a body may satisfy this requirement by advertising such means using "the most rapid means of communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website. All of the foregoing provisions concerning the conduct of public meetings shall apply through September 30, 2021. 43) Executive Order N-32-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 44) Executive Order N-35-20: a. Paragraph 2; and b. Paragraph 12. 45) Executive Order N-39-20: a. Paragraph 2; b. Paragraph 3; and c. Paragraph 6. �c - 46) Executive Order N-40-20: a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16, N-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent the Director exercised their authority pursuant to this provision on or before September 30, 2021, the extension shall remain valid until the effective expiration of the applicable waiver; and b. Paragraph 18. 47) Executive Order N-42-20. 48) Executive Order N-43-20. 49) Executive Order N-49-20, Paragraph 2. 50) Executive Order N-54-20: a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and b. Paragraph 9. To the extent any timeframe within which a California Native American tribe must request consultation and the lead agency must begin the consultation process relating to an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration under the California Environmental Quality Act extends beyond September 30, 2021, the tribe and lead agency will receive the benefit of the extension so long as the triggering event occurred on or before September 30, 2021. 51) Executive Order N-55-20: a. Paragraph 2; b. Paragraph 3; c. Paragraph 7. All on -site licensing visits which would have been due on or before September 30, 2021 shall occur before December 31, 2021; d. Paragraph 1 1; and e. Paragraph 12. 52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by the following text: Paragraph 42 of this Order, including the conditions specified therein, shall apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code and Education Code section 47604.1(b) . 53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29). 54) Executive Order N-59-20: a. Paragraph 1. The sworn statement or verbal attestation of pregnancy must be submitted on or before September 30, 2021 and medical verification of pregnancy must be submitted within 30 working days following submittal of the sworn statement or verbal attestation for benefits to continue; b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14, and N-71-20, Paragraph 31); c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15, and N-71-20, Paragraph 32); and d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16, and N-71-20, Paragraph 33). 55) Executive Order N-63-20: a. Paragraph 8(b). To the extent filing deadlines for claims and liens fall on or before September 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; and b. Paragraph 11. 56) Executive Order N-66-20, Paragraph 6. 57) Executive Order N-71-20: a. Paragraph 15; b. Paragraph 22; and c. Paragraph 23. 58) Executive Order N-75-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 4. 59) Executive Order N-80-20: a. Paragraph 3; and b. Paragraph 7. 60) Executive Order N-83-20 a. Paragraph 2 is withdrawn and replaced by the following text: The deadline to pay annual fees, including any installment payments, currently due or that will become due during the proclaimed emergency, as specified in Business and Professions Code sections 19942, 19951, 19954, 19955, 19984, and any accompanying regulations is September 30, 2021; the deadlines for submission of any application or deposit fee, as specified in Business and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877, 19942, 19984, and any accompanying regulations is no later than September 30, 2021, or per existing requirements, whichever date is later. b. Paragraph 4. 61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the following text: As applied to commercial evictions only, the timeframe for the protections set forth in Paragraph 2 of Executive Order N-28-20 (and extended by Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through September 30, 2021. IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 11 th day of June 2021. 4AX" GAVIN NEWSOM Governor of California ATTEST: SHIRLEY N. WEBER, PH.D. Secretary of State 11/23/21, 2:53 PM Bill Text-AB-361 Open meetings: state and local agencies: teleconferences. LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022) SHARE THIS: In � Date Published: 09/17/2021 09:00 PM Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. LEGISLATIVE COUNSEL'S DIGEST AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 1/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call -in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified. This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance. This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 2/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 3/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting. (c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 4/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 5/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 6/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 7/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 8/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. https:// (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. eginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 9/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 10/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 4.1. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 11/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1. during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative. SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 12/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 13/13 STAFF REPORT Honorable Mayor and City Council May 16, 2022 AGENDA NO: 10a MEETING DATE: May 16, 2022 Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Three - Year Professional Service Agreement with Eaton and Associates to Provide Information Technology (IT) Managed Services for the City with an Option to Extend Additional Years as Needed RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a three-year professional service agreement with Eaton and Associates for information technology managed services for the City with an option to extend additional years as needed. BACKGROUND The City of Burlingame has contracted with Redwood City for information technology (IT) services since July 1, 1998. These services include preserving City's technological infrastructure, supporting enterprise resource planning and software application, maintaining a reliable and secure network environment, and enhancing City services. In August 2021, Redwood City IT indicated to the staff that they would no longer be able to continue providing IT managed services due to their upcoming staff shortage from retirements, and they do not plan to fill these vacancies to avoid any additional long-term liabilities. DISCUSSION In November 2021, the City contracted with a consulting firm, Management Partners, to assist in selecting a firm to provide IT managed services upon the contract's expiration with Redwood City on June 30, 2022. The following describes the work conducted by the consultant to develop the request for proposal documents: • Review the scope of services provided by the current vendor. • Interview City staff and City IT -related vendors to identify current IT initiatives and skill sets needed to support the City. • Review a sampling of support calls and issues. • Document existing IT assets and existing technology. • Develop a scope of services and prepare a Request for Proposal (RFP) for these services. IT Support Services Agreement with Redwood City May 16, 2022 The City's IT Committee was sent a draft RFP for feedback. The committee provided input in written form and/or via Zoom meeting discussions. The City approved a final RFP for distribution. The City released the RFP documents on Monday, January 24, 2022. Nine vendors submitted intent to propose, and the City received eight submissions. Key dates are listed below. MdPk::: AA 11 Release RFP Monday, January 24, 2022 Deadline to Submit Intent to Propose Statement Monday, February 7, 2022, 4:00 p.m. PDT Virtual Vendor Walkthrough Week of February 7 Deadline to Submit Proposer Questions Wednesday, February 16, 2022, 4:00 p.m. PDT Response to Questions Tuesday, February 22, 2022 Proposals Due Tuesday, March 15, 2022, 4:00 p.m. PDT City Review / Interviews March/April 2022 During phase one of the evaluation process, five City staff members, one RWC-IT employee, and the consultant rated the proposals. All raters used the same rating sheet, which included defined criteria and items to consider in scoring to ensure a consistent standard was applied. Proposals were evaluated based on qualifications, references, approach to delivering services, 15 questions to elicit the firm understood the requirements, a high level of competency to complete the work, project management, transition plan, and the ability to provide the base services, desktop, and server services, and network and security services defined in the scope of services. The evaluation team recommended four vendors for the next phase of the evaluation. Phase two of the evaluation process was an interview and reference check. The interview team represented a cross-section of City staff, the consultant, and Redwood City IT. The interview schedule and agenda were sent to each vendor along with an outline highlighting the items that should be addressed during each presentation. All raters used the same rating sheet with a defined rating scale, similar to the RFP evaluation process. After careful consideration, the evaluation team is recommending Eaton and Associates (Eaton) as the City's next IT managed services provider to support the City's technology needs. The contract will provide 24x7x365 support and management of the City's systems and infrastructure, advanced network security, and cybersecurity monitoring and management. In addition, it will assist in evaluating and recommending the technology that will meet the needs of the City and the community. As part of the first 100 days, the contractor will provide a security assessment with recommendations to fix any immediate issues and recommend other necessary items to ensure the security of the City's network. Details of the scope of services are attached to the City agreement. However, a summary of the three key service areas is listed below: Base Services: The contractor will assist with purchasing by making recommendations, obtaining quotes for new or renewals, and adhering to all City purchasing policies. The contractor also will deliver and manage projects using consistent methodology; create and maintain accurate documentation related to equipment, change control, standard procedures, and device configurations; ensure service level metrics are met; oversee assets and change management; 2 IT Support Services Agreement with Redwood City May 16, 2022 provide a helpdesk ticketing system; provide regular reporting; meet regularly with key City staff; conduct an annual technology audit, and assist the City with annual budget development. Desktop and Server Services: The contractor will provide helpdesk services from 7:00 am to 6:00 pm, Monday — Friday via phone, email, or chat. The contractor shall be on site 24 hours a week. The contractor will support desktop hardware and software (computers, laptops); support peripheral equipment (e.g., printers); troubleshoot and resolve problems; patch and manage security on all endpoints; support and interface with all third -party business applications; support server administration and security; and oversee storage, backup, and disaster recovery. Network and Security Services: The contractor will provide a 24X7X365 network operation center (NOC) to manage and monitor the City's network; network administration includes maintaining and monitoring the communication through the Burlingame network, ensuring optimal performance. The contractor also will provide a next -generation security information and event management (SIEM) networking management and monitoring software system to protect and secure the City and maintain all aspects of information security, incident management, firewall services, intrusion protection, penetrating services, system security, and auditing. The contractor is required to utilize NIST security framework and standards to manage the City's network, and ensure all systems are regularly updated. Contracting Pricing Discussions: The City met with the contractor to discuss final pricing. As part of the negotiation, the City was offered a discount related to the vendor's onsite staff costs for year one and year two. The City had requested per equipment unit costs. After discussion, the City proposed to the vendor to provide a flat monthly fee to support the network and security services. The vendor offered pricing that would include the original services and an additional software monitoring system to protect and secure the City. This addition did increase the network and security services from the original proposal. Fees consist of services and the cost to support technology equipment. The technology equipment costs will be adjusted quarterly based on the number of devices on the City's network. The contract service includes three eight -hour days of onsite I.T. support, systems, and staffing to support the technology needs in the Scope of Services. The City will have the option to flex the usage of the 24 hours a week of onsite staff. Out -of -Scope Services include items related to implementing new infrastructure, new software systems, or solutions. For example, the City will work with Eaton and Associates to plan and approve an annual work plan. The additional service costs will be budgeted annually. Any major projects will be brought to the City Council. Staff recommends a contingency amount be placed in the budget to cover unplanned projects and services that typically arise for most city agencies. FISCAL IMPACT The contract has an initial three-year term. The total proposed amount for years one through three is $1,706,448, which includes a $100,000 contingency for planned and unforeseen projects each year. Funding year one of the IT Services and improvements is included as part of fiscal year 2022-23 proposed budget. For each optional one year extension period, the compensation amount will increase by a minimum of 2%, or an amount equal to the change in the Consumer Price Index (CPI) for the area including San Mateo County, but not more than 5%, over the previous contract period. Staff will evaluate the funding needs on an annual basis with the IT managed services provider to ensure that the City can continue to operate a secure and up-to- date IT environment. 3 IT Support Services Agreement with Redwood City May 16, 2022 Exhibits: • Resolution • Professional Services Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR PROFESSIONAL SERVICE AGREEMENT WITH EATON AND ASSOCIATES TO PROVIDE INFORMATION TECHNOLOGY MANAGED SERVICES FOR THE CITY WITH AN OPTION TO EXTEND ADDITIONAL YEARS AS NEEDED WHEREAS, the City of Burlingame has contracted with the City of Redwood City for information technology (IT) services since July 1, 1998, and the current contract is expiring on June 30, 2022; and WHEREAS, the City of Burlingame requires ongoing technical assistance with the administration and support of its technology systems in order to deliver essential services and maintain its operational effectiveness; and WHEREAS, the City sought a qualified IT firm to provide IT managed services through a competitive Request for Proposal (RFP) process; and WHEREAS, Eaton and Associates is an experienced provider of managed IT services and is willing to provide IT services to the City; and WHEREAS, the City desires to enter into a professional services agreement with Eaton and Associates to provide IT services to the City for a three-year term from June 1, 2022, through June 30, 2025, with an option to extend additional years as needed; and WHEREAS, City funds in the amount of $526, 576 are included in fiscal year 2022-23 Information Technology Internal Services Fund budget. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame hereby approves and authorizes the City Manager to execute a three-year professional service agreement for information technology support from Eaton and Associates, in the form attached hereto as Exhibit A, for a total amount of $1,706,448, which includes a $100,000 contingency for the planned and unforeseen project each year; and which agreement provides for optional one year extension periods, with the compensation amount increasing by a minimum of 2%, or an amount equal to the change in the Consumer Price Index (CPI) for the area including San Mateo County, but not more than 5%, over the previous agreement period. Ricardo Ortiz, Mayor I, MEAGAN HASSEL-SHEARER, City Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 16th day of May 2022 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel Shearer, City Clerk CITY OF BURLINGAME PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is made and entered into as of May , 2022, by and between the City of Burlingame, a public agency organized and operating under the laws of the State of California with its principal place of business at 501 Primrose Road, Burlingame, CA 94010 ("City"), and Eaton & Associates, a Corporation with its principal place of business at 20 N. Railroad Avenue, San Mateo, CA 94401 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of technology services for the following period: • June 1, 2022 — June 30, 2025 (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain a Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. During the Initial Term, in no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,706,448 (the "Maximum Compensation"). For every Renewal Term, the Maximum Compensation shall increase by a minimum of 2%, or an amount equal to the change in the Consumer Price Index for all Urban Consumers for the area including San Mateo County (the "CPI"), including all items as published by the US Bureau of Labor Statistics as of March 1 of each year, not to exceed a maximum increase of 5% per year. The Maximum Compensation is to cover Information Technology Services, and the City will pay for any additional services based on pre -approval for projects. Periodic payments shall be made within 30 days of receipt of an invoice which includes service fees, special projects and monthly service reports per scope of work. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. 83717.00002\34021673.1 If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such additional services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. a. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. Upon request by City during the term of this Agreement, Consultant shall provide to City such documentation and other information regarding the performance of the required services, or the use, operation, support and maintenance of the systems and all associated software (including any applications developed as part of the required services), hardware, networks and equipment, as is collectively sufficient to enable reasonably skilled personnel of City or a third party service -provider to understand the provision of any services provided under this Agreement and the use, operation, support, and maintenance use of the I.T. systems. b. Consultant shall also provide sufficient documentation for all upgraded or replacement software, hardware, and network components within a reasonable time following installation. To the extent that any documentation relates to third party works, Consultant shall provide documentation that is generally created and accepted in the applicable industry. c. In addition to Consultant's obligations with regard to documentation set forth herein, Consultant shall promptly deliver upon request all documentation and data related to City or performance of the required services then held by Consultant, except for documents and data that are legally privileged in the hands of Consultant. d. Except as otherwise provided in "Termination or Abandonment," below, all original field notes, written reports, drawings, programs, files, data, specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 5. Term. The term of this Agreement shall be for the period commencing on June 1, 2022, and expiring on June 30, 2025 (the "Initial Term"), unless this Agreement is earlier terminated as provided herein. Thereafter, this Agreement shall automatically renew as provided in this section (each renewal an "Extension Term"). The Initial Term plus any Extension Term is the "Term." The Agreement shall automatically renew for a one (1) year period, unless either Party provides notice to the other Party 60 days in advance of the expiration of the then -current Term stating that the Party wishes not to renew. Each Renewal Term shall be subject to the same terms and conditions as the Initial Term, except for the Maximum Compensation amount, as provided in "Compensation," above. 2 83717.00002\34021673.1 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include but are not limited to: abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint (each a "Force Majeure Event"). b. Should such Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. In the event Consultant being unable to perform during any period of time some or all of the required services, the City: (i) shall not be required to pay for such unperformed services; (ii) shall be entitled to engage an alternative consultant on an interim basis to perform the services that Consultant is not able to perform as a result of the Force Majeure Event, until such time as Consultant is able again to perform the services in accordance with the terms hereof; and (iii) shall have the right to immediately terminate this Agreement without penalty. C. Notwithstanding the foregoing, a Force Majeure Event shall not relieve Consultant from its obligations hereunder: (i) in the event that such obligations are not directly affected by such Force Majeure Event; (ii) in the event that Consultant's failure to perform its obligations could have been prevented by testing that could have reasonably foreseen such failure, reasonable work -around, other exercise of reasonable diligence or the use of technology common and prevalent in the industry; or (iii) to the extent that the Force Majeure Event is caused by Consultant's failure to perform its Disaster Recovery or Business Continuity Plan obligations in accordance with this Agreement 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements, applicable data protection, nondisclosure and privacy laws, and conflict of interest laws. Without limiting the generality of the foregoing, Consultant represents and warrants that all services shall comply with applicable local, state and federal or other laws and regulations related to data protection, data privacy and the transmission of technical or personal data, including but not limited to California Information Practices Act of 1977 (Cal. Civ. Code §1798 et seq.), the Health Information Portability and Accountability Act (29 U.S.C. §1181 et seq.), and applicable CJIS Security Policy promulgated by the F.B.I., as each may be amended from time to time. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and 3 83717.00002\34021673.1 without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of its services or operations performed under this Agreement. 8. Standard of Care Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant shall comply with all policies and procedures of City that pertain to Consultant in connection with performance of the required services, including but not limited to maintaining secure systems and networks, managing data/information/software access and security, and limiting data/security breaches and disclosures of confidential information as defined by City or applicable law. Material violations or disregard of such industry best practices or federal, state or local laws, regulations, or City policies and procedures shall, in addition to all other available rights and remedies of City, be cause for denial of access or use by Consultant personnel to City's information systems, networks, equipment, property, and facilities and termination of this Agreement without penalty. In order to verify compliance with the standards and requirements of this Agreement, City shall have the right to conduct annual security or other audits as prescribed by law. b. Consultant represents and shall ensure that key personnel initially or subsequently assigned to perform the services required by this Agreement shall be experienced professionals, possessing the appropriate knowledge, skills and expertise to perform their designated duties. 9. Assianment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee, subconsultant, or agent of Consultant shall become an employee of City. The work to 4 83717.00002\34021673.1 be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liabil (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form C.G. 00 01) or exact equivalent. for the following: (iii) Commercial General Liability Insurance must include coverage (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (U.C.X.) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Contractors Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms C.G. 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and 5 83717.00002\34021673.1 property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self -insured retention. C. Workers' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. d. Professional Liabilitv (Errors and Omissions At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Limits 6 83717.00002\34021673.1 Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the 7 83717.00002\34021673.1 policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 8 83717.00002\34021673.1 j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form C.G. 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 13. Verification of Employment Eligibility. a. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. b. Subject to and in accordance with applicable law, Consultant at its sole expense shall have appropriately verified the qualifications of its personnel prior to assignment to this Agreement or the Project, including verification of employment history and qualifications; conducting reference checks; verifying technical certifications, education completed or degrees awarded; performing drug testing; conducting fingerprinting and a security background check that includes investigation and identification of all state or federal misdemeanor or felony convictions of such individual, and criminal charges pending against such individual, during the immediately preceding seven (7) years, and performing such 9 83717.00002\34021673.1 other types of verification as reasonably requested by City. Prior to commencing services, Consultant personnel (including any subconsultants or sub- subconsultants) must successfully pass a California Department of Justice Live Scan Fingerprinting background check ("Live Scan"). Consultant shall be responsible for obtaining the Live Scan and shall bear the cost thereof. c. Consultant agrees that it shall not delegate performance of services under this Agreement to any owner, employee, agent or representative of Consultant that is a retiree of the California Public Employees' Retirement System ("CalPERS") or that remains an inactive or active member of CalPERS. City and Consultant agree that any owner, employee, agent or representative of Consultant assigned to perform any of the services under this Agreement shall be the exclusive employee of Consultant and shall not establish a common law employment relationship with the City. City and Consultant further agree that any single owner, employee, agent or representative of City and Consultant assigned to perform any of the services under this Agreement shall not perform services under this Agreement in excess of 960 hours in any fiscal year. In the event that the City incurs any CalPERS pension liability as a result of Consultant's assignment of any of Consultant's owner, employee, agent or representative to perform any of the services under this Agreement, Consultant agrees that it shall bear the full responsibility for such pension liabilities, including the payment of normal costs and unfunded liabilities associated with services performed by Consultant's owner, employee, agent or representative under this Agreement. 14. Confidentiality. a. Definition of Confidential Information. For the purposes of this Agreement, "Confidential Information" means: non-public information, data, or material regarding the City's legal or business affairs, computer data, software, internet technology security environment, or other information reasonably understood to be confidential. Notwithstanding any of the foregoing, Confidential Information does not include information which: (i) is or becomes public knowledge without any action by, or involvement of, the party to which the Confidential Information is disclosed (the "Receiving Party"); (ii) is documented as being known to the Receiving Party prior to its disclosure by the other party (the "Disclosing Party"); (iii) is independently developed by the Receiving Party without reference or access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is obtained by the Receiving Party without restrictions on use or disclosure from a third person who did not receive it, directly or indirectly, from the disclosing party. b. Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any Confidential Information disclosed by the Disclosing Party before or after the Effective Date: (i) use such Confidential Information only in connection with the Receiving Party's performance of this Agreement; (ii) restrict disclosure of such Confidential Information within the Receiving Party's organization to only those of the Receiving Party's employees and independent contractors who have a need to know such Confidential Information in connection with the Receiving Party's performance of this Agreement and (iii) except as provided herein, not disclose such Confidential Information to any third party unless authorized in writing by the Disclosing Party to do so. 10 83717.00002\34021673.1 c. Protection of Confidential Information. The Receiving Party will protect the confidentiality of any Confidential Information disclosed by the Disclosing Party using at least the degree of care that it uses to protect its own confidential information (but no less than a reasonable degree of care). d. Employee and Independent Contractor Compliance. The Receiving Party will, prior to providing any employee or independent contractor access to any Confidential Information of the Disclosing Party, inform such employee or independent contractor of the confidential nature of such Confidential Information and require such employee or independent contractor to comply with the Receiving Party's obligations hereunder with respect to such Confidential Information. Prior to performing any Services, Consultant employees or independent contractors who will access the City's Confidential Information, shall sign a confidentiality and non -disclosure agreement concerning access protection and data security. Consultant shall provide its employees and independent contractors only with the level of access as is required for such individual to perform his/her/their assigned tasks and functions. e. Compelled Disclosure. A disclosure by one Party of Confidential Information of the other Party to the extent required by applicable law will not be considered a breach of this Agreement, provided the Party so compelled promptly provides the other party with prior notice of such compelled disclosure (to the extent legally permitted) and provides reasonable assistance, at the other Party's cost, if the other Party wishes to contest the disclosure. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state court situated in the County of San Mateo, State of California; or the District Court for the Northern District of California. 16 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 11 83717.00002\34021673.1 C. In connection with any expiration or termination of the Agreement or cessation for whatever reason of Consultant's performance of the required services or any portion thereof then being provided (together, "Terminated Service(s)"), Consultant shall take all necessary and appropriate actions to accomplish a complete, timely, and seamless transition from Consultant to City, or to any third party service providers designated by City, without material interruption or material adverse impact to the required services, service levels, and any other services provided to City by third parties. At City's option, Consultant shall immediately give title and possession to all original field notes, drawings and specifications, written reports, computer files and other documents, files or data produced or developed for that portion of the work completed and/or being abandoned, and/or Consultant shall provide City with written certification of the destruction of, all such documents, computer files, data and other materials containing any Confidential Information of City that are in Consultant's possession or control. Consultant shall promptly cooperate with City and any designated service providers, and take all necessary steps to assist City in effecting a complete and timely disentanglement, including the provision of all information necessary to effect the transition, and continue the provision, of any terminated service. Consultant shall also provide for the prompt and orderly conclusion of all work related to the services being terminated, as City Client may require, including completion or partial completion and documentation of all work in progress, and other appropriate measures to effect an orderly transition to City or designees. Consultant's obligation to provide the required services shall not cease until the earlier of the following: i) the disentanglement is completed to the City's reasonable satisfaction, or ii) twelve (12) months after the date of termination or expiration, as the case may be. 17 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign Gabrielle Nelson as Account Manager. The Account Manager shall not be removed from the Project or reassigned without the prior written consent of the City. above. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, postage prepaid, addressed to: 12 83717.00002\34021673.1 CITY: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Attn: Finance Director and shall be effective upon receipt thereof. 21. Third Party Rights Vendor: Eaton and Associates 20 N. Railroad Avenue, San Mateo, CA 94401 Attn: John Eaton Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal. 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non -Waiver 13 83717.00002\34021673.1 None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. Nothing herein shall prevent City from providing for itself or obtaining from any third party, any products or services in any way similar or comparable to the services. Consultant shall provide to City, or City's chosen service -provider, reasonable cooperation, assistance, and access as necessary to facilitate the integration and interfacing of the services or products of such other consultants. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 31. [Reserved] [SIGNATURES ON FOLLOWING PAGE] 14 83717.00002\34021673.1 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BURLINGAME AND EATON AND ASSOCIATES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF BURLINGAME Approved By: Lisa K. Goldman City Manager Date Attested By. City Clerk Approved As To Form: City Attorney 15 83717.00002\34021673.1 EATON AND ASSOCIATES Signature Name Title Date EXHIBIT A Scope of Services 1 General Support 1.1 Contractor will provide support for the City desktop computers and desktop applications. 1.2 Contractor will work with vendors for application issues beyond routine troubleshooting procedures and for non-standard, unique third -party software that the City utilizes. 1.3 Contractor will provide 24/7 support for all Windows and Linux based server(s), including virtual servers. 1.4 Contractor will provide 24/7 management and monitoring of the network infrastructure. 1.5 Contractor will provide 24/7 network security and cyber security monitoring and management. 1.6 Contractor will provide centralized security patches/updates and firmware process. 1.7 Contractor will evaluate and recommend technology upgrades to the City as needed to improve performance, security, reliability, etc. The City will act as the final decision maker for any proposed upgrades. 1.8 Contractor will identify, evaluate, and recommend any third -party software tools that City will be required to procure. The City will act as the final decision maker for any software licensed by, or for, the City, procured with City funds, or required to be reimbursed with City funds. 1.9 Acceptance Testing and Documentation of Procedures. Following the completion by Contractor of any deliverables required by this Agreement that result in operational changes or new processes, City will test each process/procedure in accordance with standard industry procedures, noting in writing whether the deliverable will be accepted (final acceptance) or if modifications are required. Following final acceptance by City, Contractor will provide written documentation procedures within thirty (30) calendar days of the effective date of final acceptance. 1.10 Contractor Staffing: Contractor will provide technical staff that are knowledgeable and trained to carry out this Scope and Services. Based on ongoing IT needs, staffing levels may change upon mutual agreement between Contractor and City. Managed Service staffing includes: 1.10.1 Dedicated Account Manager -Act as the main point of contact between Contractor and City. 1.10.2 Desktop and Server Engineer - Technical skills necessary to support current and future City desktop, mobile and peripheral infrastructure. 1.10.3 Systems and Network Engineer - Technical engineering support for the City's servers and network infrastructure. 1.10.4 Chief Technology Officer / Director of IT - Serve as the Senior Engineer, Strategist and Technology Consultant to the City. 1.10.5 Project Manager — will provide tools, documents, techniques, and resources to support managed services and approved projects. 1.10.6 Continuing Education and Training — Contractor will ensure all staff complete all necessary training and credentialing to provide this Agreement's services. 1.11 City Resources The City will provide Contractor with resources as needed to carry out services such as 16 facilities access, server, and network access, and temporary workstations. The City will respond as quickly and completely as possible to enquires made by the Contractor. Contractor will communicate in advance to the City when assistance is required. City will provide a designated point of contact for Contractor. 2 Service Delivery Areas (1) Base Services (2) Desktop and Server Services (3) Network and Security Services 2.1 Services not included are related to the implementation of new infrastructure or new software systems/solutions. Contractor will provide cost estimates to the City for all none - included services as needed. The cost estimate should be itemized with descriptions of each item. 3 Base Services 3.1 Purchasing 3.1.1 Contractor will be responsible for making recommendations on IT -related equipment (hardware) and software and coordinating with vendors as requested, City will make purchase. 3.1.2 Contractor will be responsible for obtaining quotes for maintenance or warranty renewals and reviewing the terms and conditions of the City's maintenance and support agreements. Contractor will follow all City purchasing policies. The City will act as the final decision maker for any hardware or software purchases made on behalf of the City, procured with City funds, or required to be reimbursed with City funds. 3.1.3 All hardware and software purchases will be updated in an asset database with serial numbers, warranties, and expiration dates and will be reflected in the annual Tech Audit. 3.2 Project Management and Delivery 3.2.1 Contractor will deliver and manage projects with a high level of professionalism and skill to ensure timelines, scope and budgets are adhered to. 3.2.2 Contractor will provide a consistent methodology for all technology projects (i.e., planned during the yearly budget process, ad hoc projects) to ensure successful projects. 3.2.3 At Burlingame's sole discretion, new technology or application implementation requiring project management and services, maybe sole -sourced to the Contractor or maybe submitted for outside bids. 3.3 Documentation 3.3.1 Contractor will create and maintain accurate and updated technology documentation, including, but not limited to: 3.3.1.1 Device configuration version control 3.3.1.2 Change control documentation, including thorough test plans 3.3.1.3 Standard procedures (i.e., patch management) 3.3.1.4 Updated equipment/application/warranty/license lists 3.3.1.5 Vendor contact list 17 3.4 Service Level Metrics, Availability and Response Times 3.4.1 Support Tracking Contractor will utilize an interactive ticketing system that tracks each ticket from initiation to completion. The system will serve as the central communication hub between the Contractor's helpdesk and City users. In addition, the Contractor will provide a weekly report on outstanding support tickets to the City as well as a secure web portal where tickets can be viewed by the City in real-time 3.4.2 Service Levels aims to ensure that the Contractor meets City's business requirements for availability, reliability, and secure services that are backed by service levels. By meeting these objectives, City aims to: • ensure end -user experience and productivity • standardize hardware and software environments • ensure security, data management, and backup • ensure asset management and control 3.4.3 Contractor will follow industry best practices, specifically the "Service Operation" standards outlined by the Information Technology Infrastructure Library (ITIL). Contractor will use processes governed by a Service Level Matrix ("SLM") and a set of Service Level Objectives ("SLOs") to identify incidents (i.e., alerts and/or events), define each incident's priority level (defined by that incident's urgency and impact), respond to incidents in order of priority, and ultimately resolve incidents as quickly as possible. Service Type Service Delivery Help Desk hours are defined as 7:OOam 7:OOam to 6:OOpm, Monday - to 6:00 pm Monday through Friday Regular Service Friday except for City holidays. Network support 24X7X365 is included in pricing. After 6:00 pm and before 7:00 Desktop support performed by After Hours am after hours of service Contractor outside the normal business Service (desktop Monday — Friday hours, on weekends or holidays will be services only) All hours Saturday, Sunday billed at the appropriate overtime rates (see contract) Table 1 - Service Level Metrics / Objectives Metric Objective Objective Objective Objective Availability - Network Support 24x7x365 24x7x365 24x7x365 24x7x365 Operations Availability- 24x7x365 24x7x365 24x7x365 Regular Service Helpdesk Hours 18 Acknowledgement 15 minutes 15 minutes 30 minutes 30 minutes Status Updates 30 minutes 2 hours 8 hours 12 hours Resolution Plan < 4 hours < 8 hours < 8 hours/NBD < 3 days 90% resolved 90% resolved 75% resolved in 75% resolved in less Resolution Time in less than 4 in less than 8 less than 16 than 1 week hours hours business hours Table 2- Priority Levels Incident Priority P1 • Critical Typically, an emergency incident affecting all or most users and that is halting the use of critical "line of business" applications and/or access to the network or a data/security breach. Examples: Email server(s) not sending/receiving email, Internet connection down, database server appears offline, etc. P2 — Likely affecting multiple users and impairing access to one or more critical Important business applications, though, not resulting in a complete stoppage of work. Examples: Slow/intermittent Internet connectivity, backup failures, imminent _ server crash due to lack of hard disk space, etc. P3 - Normal Typically affecting between 1 and 5 users and generally non -critical in nature. Workarounds are likely available. P4 - Low Examples: User cannot print to a network printer, user's domain account locked due to unsuccessful password entries, a user has deleted an email by accident and wants it restored, etc. The problem affects no more than a few users and is typically non -business impacting. Workarounds available. Examples: User has some "dead pixels" on her monitor, user application displaying persistent error messages with no impact to use of the application, occasional static heard on a particular VolP phone, etc. 3.4.4 Contractor will deliver a monthly report (SLO Report) documenting performance according to the agreed -upon service levels set forth above. Any SLA that is not met will require a remediation plan included in the SLA Report that will be implemented in less than 30 days 3.5 Account Administration, Management, and Reporting Contractor is responsible for maintaining a high level of service and accurate reporting on that service. Account administration includes, but is not limited to, the following services and reports: 3.5.1 Prepare and deliver Service Level Objectives Reports (monthly) 3.5.2 Help Desk tickets or reported incidents that have been open more than three days can be escalated by the City via the real-time portal and will be included in the bi-weekly meetings and monthly ticket reports. 19 3.5.3 Summary report of all tickets opened, closed, or worked during the month, with a status for each 3.5.4 Prepare and provide monthly, quarterly, and annual Customer Satisfaction reports based on the responses from closed tickets 3.5.5 Perform Annual Technology Audit to include the current state of all hardware, software, licenses, vendors, diagrams, and recommendations for improvements, innovation, new technology, including improvement and sustainability projects As part of this audit, the Contractor should present the City with all upcoming hardware and software technologies that will help improve the performance of City's hardware and software, which will eventually help improve City's services. 3.5.6 Attend IT meetings (quarterly) on -site or via teleconference with department IT user group and or Executive Team. 3.5.7 Conduct bi-weekly IT status update meetings with City designated point of contact 3.5.8 Provide status of service request or project (as needed) 3.5.9 Decommission and remove hardware, including hard drives in compliance with DOJ/CJIS policies 3.6 Asset Management Services include: 3.6.1.1 Physical inventory 3.6.1.2 Asset receiving 3.6.1.3 Asset tracking 3.6.1.4 Software license management 3.6.1.5 Asset cascading and disposal 3.7 Change Management 3.7.1 Managing and minimizing disruption to end -users is critical in delivering high levels of customer service. Therefore, Contractor will utilize a Change Management methodology to support the City. The change control structure will include roles and responsibilities, required inputs and outputs, and communication requirements. Identify any areas where specific processes or procedures needs to be adhered (e.g., application vs. infrastructure). 3.8 Transition/On board ing 3.8.1 The Contractor will provide onboarding and transition services by working closely with city contacts and existing IT providers to ensure the City's systems and technology works seamlessly. 3.8.2 Contractor will conduct a security assessment and provide a report to the City of findings and recommendations to ensure the City's system are secure and stable. 3.8.3 Contractor will meet weekly during the first 100 days with the City. 4 Desktop and Server (Intel based) Services 4.1 Help Desk management, maintenance, and monitoring activities for the operation and performance of network equipment, desktops, peripherals, and telephone equipment. 20 4.2 Contractor will provide a full -service Help Desk from 7:00 a.m. to 6:00 p.m., with ability to provide on -site resources (as needed) Monday through Friday that will include escalation resources, as well as 24 hour on -call resources for urgent priorities that may need immediate response on -site and/or remotely. 4.3 Contractor will provide support for Microsoft Windows, Microsoft Office (multiple versions), Microsoft Server (multiple OS versions) 4.4 Contractor will provide support for City email services (Exchange 2019 and Office365) 4.5 Contractor will manage all aspects of Help Desk service delivery as a single point of contact, including: 4.5.1 All problem resolution (Tier 1, 2, 3) 4.5.2 Service request tracking 4.5.3 Problem management 4.5.4 Call escalation management 4.5.5 Dispatch 4.5.6 Knowledge management 4.5.7 Self help 4.5.8 New Employee Onboarding / training on how to use the help desk 4.5.9 Manage the team providing services to Burlingame 4.5.10 Manage the performance of Contractor's personnel and services and continually seek opportunities to enhance and improve performance 4.5.11 The City, working with the Contractor, will set or change the priorities of tickets 4.5.12 A maximum of two City staff requires the ability to adjust priorities within the ticketing system 4.5.13 Provide Burlingame monthly service level reports and access to the help desk portal 4.5.14 Staff may participate in receiving alerts and alarms. (e.g., Wi-Fi, server room temperature, hardware issues) 4.6 Operations will be focused on delivering exceptional customer service. The Contractor will be required to measure and monitor customer service and provide monthly reports on customer service delivery. The contractor will also provide a process for customer service escalations and remediation. 4.7 Desktop Hardware / Software Maintenance Support 4.7.1 Service provided in this area supports desktops hardware and software, laptops hardware and software, and the peripheral devices attached to them. A wide variety of applications are in use across the departments. 4.7.2 Desktop Client Services include: 4.7.2.1 Hardware break/fix 4.7.2.2 Software break/fix 4.7.2.3 Peripheral break/fix (i.e., printers, scanners, copiers, fax, audio/visual equipment Note: Contractor will not be expected to fix a/v related equipment (e.g., Crestron) but rather help diagnose issues and if necessary, recommend replacement hardware. Contractor will coordinate with the City's preferred vendor for copier and printer repairs and maintenance.) 21 4.7.2.4 Technology refresh (includes planning and coordination with City staff). Included in annual costs is planned technology refreshes for existing equipment (e.g., computers, laptops, servers, printers, switches, firewalls) 4.7.2.5 Training room setup (setup equipment in miscellaneous locations, as needed) 4.7.2.6 Installations, moves, adds, and changes 4.7.2.7 Troubleshoot and fix desktop (on site or remotely) and network issues 4.7.2.8 Provide support to Emergency Operation Center (EOC) to ensure network connectivity to EOC internet connection and phone lines 4.7.3 Desktop Application Services include: 4.7.3.1 Basic troubleshooting/connectivity to support all Burlingame applications 4.7.3.2 Image management 4.7.3.3 Patch management (all applications) 4.7.3.4 Provide and maintain security on all endpoints (antivirus) 4.7.3.4.1 Implement antivirus automated scheduled scans and automatic definition updates (no manual updates or scan) 4.7.3.5 Electronic software distribution 4.7.3.6 Integration and testing 4.7.3.7 Support laptops, tablets, iPads and mobile devices (cell/smart phones) 4.8 Third -Party Software Support 4.8.1 The contractor will provide basic support of all third -party business application used by the City. 4.8.2 Basic support could include connectivity to the application, potential account setup, and upgrade support. 4.8.3 Provide support to miscellaneous utility software (i.e., Adobe, Cisco WebEx, Zoom, SeeClickFix, Scanner/OCR, Fuel System, label, Shortel communicator) 4.8.4 City Website Support will be provided on a best effort basis and coordinate with the City's webmaster as required. 4.8.5 Contractor will provide administrative support for the entire Office365 environment licensed by the City. 4.9 Microsoft Server Administration and Security 4.9.1 This section includes the maintenance of all aspects of server security, incident management, virus and malware protection, access control, and auditing. 4.9.2 Contractor responsibilities include, but are not limited to: 4.9.2.1 Microsoft server administration: with access provided by Burlingame, set up users, manage access to resources (file shares/printers), and implement security for each per Burlingame requirements 4.9.2.2 Provide server -side support for print queues, end users with printer issues and coordinate with City's managed printer vendor 4.9.2.3 Provide all support for VMWare Hyper Converged Server Environment 4.9.2.4 As needed support VoIP (i.e., networking City utilizes Mitel/Shortel Communicator) 4.9.2.5 Provide and support an antivirus solution (solution requires approval by Burlingame) 22 4.9.2.6 Ensure Burlingame security policies are enforced on endpoints 4.9.2.7 Perform regular maintenance and auditing to ensure security on all devices 4.9.2.8 Monitor and respond to logs on endpoints, antivirus, patching 4.9.2.9 Ensure servers and devices have the latest available security patches and firmware installed 4.9.2.10 Implement a remote access tool to maintain a secure remote access environment using appropriate technologies 4.9.2.11 Provide remote access administration that comply with Burlingame policies 4.9.2.12 Support and maintain Active Directory and Group Policies 4.9.2.13 Apply and maintain Burlingame policies for file system security and user access. 4.9.2.14 Assist with the development of new IT related policies and the updating of existing policies as needed 4.9.3 Storage, Backup & Disaster Recovery 4.9.3.1 Support storage environment 4.9.3.2 Contractor will manage and ensure the recoverability of all City data based on agreed upon backup and retention schedules. 4.9.3.3 Provide all support related to backup solutions including but not limited to: • Manage backup system and Storage Area Network (SAN) • Perform backups and snapshots in accordance with established backup schedule • Maintain backup software and infrastructure • Perform file and database recovery from backup media or snapshots and as requested; perform monthly backup recovery testing • Manage and monitor location of all backup media in accordance with media retention schedule • Schedule transport and destruction requests • Perform and document annual backup media disaster recovery test 4.9.4 Secure Large File Transfer Services • Contractor will provide support to assist with large file transfers 5 Network and Security Services 5.1 Contractor will provide 24x7x365 network and security services 5.2 Contractor will manage the Burlingame's network and provide network engineering, administration, maintenance, and projects services 5.3 Contractor will provide a next generation security information and event management (SIEM) networking management and monitoring software system 5.4 Network administration includes maintaining and monitoring the communication through the Burlingame network, ensuring optimal performance. This includes but is not limited to document and support of the firewalls, switches, and VLANs. 5.5 Security administration includes the maintenance of all aspects of information security, incident management, firewall services, intrusion protection, penetrating services, system security and auditing. 23 5.6 The communication/network responsibilities include regular patching, updates, firmware and service pack updates, network operating system upgrades, and the monitoring, maintaining, and optimizing of all the services and devices. The network projects include documenting and ensuring standardizations across the network (e.g., VLANS, device management). 5.7 The network services will also include maintaining the current environment, as well as changes and improvements to existing operations, including new capabilities. Network services changes will be scheduled in advance (unless needed for security or other emergency purposes). 5.8 The responsibilities include, but are not limited to: 5.8.1 Maintain all firewall, routers, switches, and VPNs; provide network design and engineering expertise to maintain network 5.8.2 Maintaining all WAPs with the assistance of current third -party maintenance provider 5.8.3 Evaluating and applying security patches and upgrades 5.8.4 Monitoring network performance and capacity 5.8.5 Identifying potential limitations before traffic on the network increases to the point that it affects system performance 5.8.6 Supporting as needed the VoIP infrastructure (connectively issues) and coordinate as needed with current third -party maintenance provider 5.8.7 Keeping inventory and maintenance records for all network equipment and ensuring documentation and recoverability of network device configurations 5.8.8 Providing or scheduling repairs and maintenance necessary to continue operations and meet approved service levels 5.8.9 Timely coordination and communication with Burlingame City staff regarding maintenance and upgrades to minimize impact to Burlingame operations 5.8.10 Diagnosing, investigating, and identifying root cause to network problems; recommend and implement fixes 5.8.11 Integration with other Agencies / Applications 5.8.12 Ensure applications are available for internal/external access 5.8.13 Maintain security settings, software, and firmware on all network equipment, computers, and laptops 5.8.14 Utilize NIST security framework and standards to manage the Burlingame's network security program 5.8.15 Network diagrams 5.8.15.1 The documentation will be audited and inventoried on an annual basis. A quarterly update will be sent to the designated IT contact for review. 24 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed report that indicates included monthly costs and out -of -scope services. Consultant will pre - approve with the City regarding any out -of -scope work being performed by Consultant. Fees consist of services and the cost to support technology equipment. The technology equipment costs will be adjusted quarterly based on the number of devices on the City's network. Services include 3 (8) hour days of onsite I.T. support, systems and staffing to support the technology needs in the Scope of Services. The City will have the option to flex the usage of the 24 hours a week of onsite staff. Monthly/Annual Costs: Year 1 Year 2 Year 3 Implementation Cost $17,424 Monthly Cost $35,548 $39,868 $41,788 Annual Cost $426,576 $478,416 $501,456 Per Unit Monthly Costs for Desktop and Services: Year 1 Year 2 Year 3 City Desktop $50 $50 $50 Library Desktop $45 $45 $45 Laptops $50 $50 $50 Copiers $25 $25 $25 Printers $25 $25 $25 Tablets/iPads $8 $8 $8 Physical Servers $125 $125 $125 Virtual Servers $125 $125 $125 SAN Storage $125 $125 $125 SAN Switch $35 $35 $35 25 WORM Storage $125 $125 $125 Flat Rate Cost for Network and Security Services: Network and Security Services' $1,800 $1,800 $1,800 Includes systems and resources for network and security services such as Next Gen SEIM to secure network devices and support cybersecurity; includes equipment such as firewalls, switches, wireless access points, routers, backup solutions, and email archiver. Hourly Costs for Additional Services Year 1 Year 2 Year 3 Additional Onsite I.T. Support per hour $145 $155 $165 On -site problem diagnosis and Help Desk resolution $120 $125 $135 On -site server support services $185 $185 $190 Firewall Configuration Changes $185 $185 $190 Helpdesk Only - After -Hours Overtime Rate 6:OOpm to Midnight 1.5 times Hourly Rate 1.5 times Hourly Rate 1.5 times Hourly Rate Helpdesk Only - Extended After -Hours Overtime Rate Midnight — 7:00 am 2.00 times Hourly Rate 2.00 times Hourly Rate 2.00 times Hourly Rate Out of Scope Services: Each year the City will work with EATON to plan and approve annual workplan project for services not included in Attachment A Scope and Services to support the City's technology needs. Year 1 Tentative Projects (Cost Estimates $100,000 for Consultant Services 2): 1. Office365 Implementation 2. Network switch upgrade (out of scope in Year 1 due to network review and design requirements based on security assessment included in scope of services) 3. Security Assessment Recommendations 4. ISP Improvements 5. FAX and Softphones Improvements 6. Large File Transfer 7. Contingency Project (unknown projects that may arise based on City's business and operational needs) 2 Does not included equipment costs. Purchased separately by the City.