Agenda, study session, second session — Hillsborough City Council, August 10, 2026 (part 2 of 3)

ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(5) as this is an administrative activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENT(S):

1. Resolution

2. Professional Services Agreement
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute a two-year agreement with Ninyo & Moore Geotechnical and Environmental Sciences Consultants for asneeded materials testing services in an amount not to exceed $200,000.00, and authorizing the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $100,000.00, for a potential Total Amount of $300,000.00, under CEQA Guideline 15378.
-183-
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH (1) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO

YEAR AGREEMENT WITH NINYO & MOORE GEOTECHNICAL AND

ENVIRONMENTAL SCIENCES CONSULTANTS FOR AS-NEEDED MATERIALS TESTING SERVICES IN AN AMOUNT NOT TO EXCEED $200,000.00; AND (2)

AUTHORIZING THE CITY MANAGER, IN HIS SOLE DISCRETION, TO EXECUTE

AND EXTEND THE AGREEMENT FOR A THIRD YEAR IN AN AMOUNT NOT TO EXCEED $100,000.00, FOR A POTENTIAL TOTAL AMOUNT OF $300,000.00, UNDER CEQA GUIDELINE 15378
WHEREAS, the City Council of the Town of Hillsborough desires to secure as-needed engineering and consulting services necessary to support the Town’s Capital Improvement Program and departmental needs; and WHEREAS, in April 2026, the Town issued a Request for Proposals seeking qualified firms to provide as-needed municipal engineering and project management, general engineering, geotechnical and materials testing, and environmental services; and;
WHEREAS, staff evaluated the proposals received based on the criteria identified in the Request for Proposals, including proposal quality, relevant experience, technical approach, and demonstrated ability to provide similar services to comparable municipalities; and
WHEREAS, _ Ninyo & Moore Geotechnical and Environmental Sciences Consultants was determined to be qualified to provide as-needed materials testing services to the Town on a project-by-project basis; and WHEREAS, the proposed agreement has an initial two-year term in an amount not to exceed $200,000.00 and may be extended by the City Manager, in his sole discretion, for one additional year upon the written mutual consent of both parties in an amount not to exceed $100,000.00, for a potential total agreement amount of $300,000.00; and
WHEREAS, no specific project funding is authorized by this Resolution, and the Director of Public Works will authorize task orders for approved services within available project budgets and the amounts authorized under the agreement; and
WHEREAS, the Town may terminate the agreement at any time in accordance with its terms; and
WHEREAS, the proposed action is exempt from environmental review under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an administrative activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENT 1
-184-
Resolution No. 26-
August 10, 2026
2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a two-year agreement with Ninyo & Moore Geotechnical and Environmental Sciences Consultants for as-needed materials testing services in an amount not to exceed $200,000.00, and authorizes the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $100,000.00, for a potential Total Amount of $300,000.00, under CEQA Guideline 15378.

Mayor of the Town of Hillsborough

Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 10th day of August 2026, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-185-
1 TOWN OF HILLSBOROUGH

ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20__ by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and Ninyo & Moore Geotechnical and Environmental Sciences Consultants a CORPORATION with its principal place of business at 2149 O’Toole Avenue, Suite 30, San Jose, CA 95131 (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:

As-Needed Geotechnical Engineering and Materials Testing Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services on the Project. Consultant desires to perform and assume responsibility for the provision of certain professional services required by Town on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement (“Task Order”).

C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the Town with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the Town or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “C”.

2. Compensation.
a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “B” and incorporated herein by this reference.

The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $200,000.00 without written approval of the Town’s City Manager. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed ATTACHMENT 2
-186-
2 description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the Town, 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 Town by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the Town and executed by both Parties before performance of such services, or the Town 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.

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 Town.

5. Time of Performance.

The term of this Agreement shall be from September 1, 2026, to August 31,2028, unless earlier terminated as provided herein. The agreement may be extended for an additional one-year period beyond the initial two-year term at the sole discretion of the City Manager. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the Town.

All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities”, includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement. -187-
3 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. b. If required, Consultant shall assist the Town, 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 his or her services or operations performed under this Agreement.

9. Assignment 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 Town, 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. 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. Any subconsultants Consultant intends to utilize in the performance of this Agreement shall be listed in Exhibit “B.” Consultant shall provide written notice and shall obtain the written consent of the Town prior to using or substituting a non-listed subconsultant in the performance of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of Town. No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town 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 Liability
-188-
4 (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 Town. (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 CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(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 (UCX) 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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 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 Town, and provided that such deductibles shall not apply to the Town 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 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. -189-
5 (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town 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 Liability (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 Town and in an amount indicated herein.

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per accident or disease Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. -190-
6 (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. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town 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 Town 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 Town 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 Town 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 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 Town, 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 Town, 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 -191-
7 Town and shall not preclude the Town from taking such other actions available to the Town 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 Town, 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.
i. 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 Town, 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, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town 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.
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 Town 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 Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town 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 Town’s choosing), indemnify and hold the Town, 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 -192-
8 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, any Task Order or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, 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 as a “design professional” (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. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that -193-
9 affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

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.

15. Reserved.

16. 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 or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment
a. Town 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, Town 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. Town 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 Town and Consultant of the portion of such task completed but not paid prior to said termination. Town 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 Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and 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 Town.

19. Organization
-194-
10 Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. 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, return receipt requested, postage prepaid, addressed to:

TOWN:

Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, CA 94010
Attn: Natalie Gribben
CONSULTANT:

Ninyo & Moore Geotechnical and
Environmental Sciences Consultants
2149 O’Toole Avenue, Suite 30
San Jose, CA 95131
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.

23. 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.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of Town 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.

25. Severability
-195-
11 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

26. 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 Town. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. Town’s Right to Employ Other Consultants
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. 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, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Value Statement
By executing this Agreement, Consultant represents and warrants that it will comply with the values statement set forth in Exhibit “D” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee. -196-
12 When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “E” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
-197-
13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH

AND NINYO & MOORE GEOTECHNICAL AND

ENVIRONMENTAL SCIENCES CONSULTANTS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH NINYO & MOORE GEOTECHNICAL AND

ENVIRONMENTAL SCIENCES CONSULTANTS
By: By:

DOUG DAVIS
CITY MANAGER Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
-198-
14 EXHIBIT A
Scope of Services
Geotechnical Engineering Services
As needed geotechnical engineering services include, but are not limited to, the analysis of site specific geology and subsurface conditions, soil classifications, seismicity, and groundwater conditions; providing recommendations related to foundations, retaining walls, backfill, slope stability, grading, and drainage; and the preparation of geotechnical investigation reports.

Material Testing Services
As needed material testing services include, but are not limited to, the testing of base rock, native soil, structural fill, asphalt, and concrete.
-199-
15 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out-of-scope work being performed by Consultant. This is a time-andmaterials contract. -200-
14 NINYO & MOORE, A SOCOTEC COMPANY
Town of Hillsborough, As-Needed Consulting & Engineering Services | P08SJO02-03777 | June 10, 2026 8 | FEE PROPOSAL Ninyo & Moore, A SOCOTEC Company | City of Mill Valley On-Call Professional Services | 405293000 | November 19, 2025 CA16 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 235 Senior Project Engineer/Geologist/Environmental Scientist ................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 180 GIS Analyst .............................................................................................................................................................. $ 160 Technical Illustrator/CAD Operator ......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 220 Field Operations Manager ....................................................................................................................................... $ 150 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 145 Supervisory Technician ........................................................................................................................................... $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................ $ 135 Senior Technician .................................................................................................................................................... $ 135 Technician ................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist .............................................................................................................................................. $ 120 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 120 Data Processor ........................................................................................................................................................ $ 95 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr State of California Prevailing Wage Surcharge................................................................................................... $ 30/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
Our field services, are charged portal to portal at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field services that may be subject to prevailing wage in accordance with AB 1768 and Prevailing Wage Determinations, will be subject to a prevailing wage surcharge as shown in our Schedule of Fees. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

All rates are subject to annual escalation and may be adjusted on an annual basis to reflect increases in labor, overhead, and operating costs.

To comply with the page limitations for this section, laboratory fees are included in the Appendices on page 19.
-201-
19 NINYO & MOORE, A SOCOTEC COMPANY
Town of Hillsborough, As-Needed Consulting & Engineering Services | P08SJO02-03777 | June 10, 2026 12 | APPENDICES
FEE PROPOSAL (continued) - LABORATORY TESTING
Ni& M| 2025 LbtTti
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 190 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 350 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 950 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 130 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 500 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 95 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293.....................................................................................$ 95 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 360 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 90 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,800 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 550 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 120 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 65 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 65 Moisture Only, D 2216, CT 226 .................................................................$ 45 Moisture and Density, D 2937 ................................................................... $ 55 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 350 Air Voids, T 269 ............................................................................................$ 90 pH and Resistivity, CT 643.........................................................................$ 185 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 350 Asphalt Mix Design Review, Job Spec .......................................................$ 190 Proctor Density with Rock Correction D 1557 ..........................................$ 400 Dust Proportioning, CT LP-4........................................................................$ 95 R-value, D 2844, CT 301 ...........................................................................$ 450 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 260 Sand Equivalent, D 2419, CT 217.............................................................$ 155 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 160 Sieve Analysis, D 6913, CT 202................................................................$ 175 Film Stripping, CT 302..................................................................................$ 130 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 130 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 240 Specific Gravity, D 854...............................................................................$ 135 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 250 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 160 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 105 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 160 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 110 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,200 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 110 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 100 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 100 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 150 Brick Modulus of Rupture, C 67 ................................................................. $ 50 Brick Moisture as received, C 67 ............................................................... $ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 190 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 190 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 180 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 80 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 80 Flat and Elongated Particle, D 4791 ...........................................................$ 230 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x2 cylinder compression, C 109..................................$ 55 Los Angeles Abrasion, C 131 or C 535.......................................................$ 220 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 100 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 100 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 495 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 130 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 130 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 150 per assembly, A 325 .............................................................................$ 250 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 120 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 180 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ......................... $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250

Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. -202-
16 EXHIBIT C
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: AS NEEDED [GENERAL ENGINEERING/INSPECTION/MATERIAL

TESTING/GEOTECHNICAL/SCADA/ENVIRONMENTAL/MUNICIPAL AND PROJECT MANAGEMENT] SERVICES
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

Project Title:

CIP #:

Town Contact Name & Email:

Description of work:

List any attachments:

Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

APPROVAL RECOMMENDED
By: Dated:

TOWN OF HILLSBOROUGH [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:
-203-
17 EXHIBIT D
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

VALUES STATEMENT
As a member of the Town of Hillsborough City Council or of a Hillsborough board or committee, I agree to uphold the Town mission statement and adhere to the following values. I will:
• Serve with integrity and be a responsible steward of taxpayer dollars and the natural environment.
• Treat everyone with respect, listen to understand, and promote civility, courtesy, and thoughtfulness in all interactions.
• Create an atmosphere where individual members, Town staff, and members of the community are free to express their ideas and work to their full potential. • Promote public and individual trust through honest and open practices and communications.
• Recognize and celebrate the diversity of our community through the pursuit of equal access, equal participation, and fair treatment for all. • Work collaboratively with others toward the common good in order to achieve innovative solutions for the public benefit.
• Maintain a balanced sense of community and quality of life through the protection and improvement of our natural and built environments.
• Respect the dignity and privacy of individuals and organizations. • Safeguard the community from the threats of natural, technological, or other threats to our safety and wellbeing.
• Avoid and discourage conduct which is divisive or harmful to the best interests of Hillsborough.
-204-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 CONSENT CALENDAR

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Resolution (1) Approving and Authorizing the City Manager to Execute a Two Year Agreement with WRA, Inc. for As-Needed Environmental Services in an Amount Not to Exceed $240,000.00; and (2) Authorizing the City Manager, in his Sole Discretion, to Execute and Extend the Agreement for a Third Year in an Amount Not to Exceed $120,000.00, for a Potential Total Amount of $360,000.00, Under CEQA Guideline 15378 SUMMARY: In April 2026, the Town issued a Request for Proposals (RFP) seeking qualified firms to provide as-needed municipal engineering and project management, general engineering, geotechnical and materials testing, and environmental services. Staff evaluated WRA, Inc. ’s proposal based on the criteria identified in the RFP, including proposal quality, relevant experience, technical approach, and demonstrated ability to provide similar services to comparable municipalities. The evaluation committee determined that WRA, Inc. is qualified to provide environmental services.

Under the proposed agreement, WRA, Inc. will provide as-needed environmental services on a project-by-project basis. The proposed agreement amount is based on the Town’s use of these services during the previous three years and anticipated Capital Improvement Program (CIP) and departmental needs. Although several upcoming projects are identified in the CIP, the timing and level of effort required remain uncertain due to project schedules, design challenges, funding availability, and other unforeseen constraints.

The on-call agreement will allow the Public Works Department to obtain services efficiently as needs arise without conducting a separate RFP process for each project. No project funding is authorized through this agenda item. The Director of Public Works will be authorized to issue task orders for approved services within available project budgets, subject to an annual not-to-exceed amount of $120,000.00.

The proposed agreement has an initial two-year term and may be extended by the City Manager in his sole discretion for one additional year upon the written mutual consent of both parties. In adopting the resolution, the City Council would be providing authority for the City Manager to enter into and execute an amendment for this additional one-year term with additional dollars to be added. The Town may terminate the agreement at any time in accordance with its terms.

FISCAL IMPACT: The as-needed environmental services support the combined Capital Improvement Program, which has an approximate soft cost budget of approximately $3,200,000.00 in FY 2026-27, $2,300,000.00 in FY 2027-28, and $2,700,000 in FY 2028-29. -205-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

ATTACHMENT(S):

1. Resolution

2. Professional Services Agreement
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute a two-year agreement with WRA, Inc. for as-needed environmental services in an amount not to exceed $240,000.00, and authorizing the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $120,000.00, for a potential total amount of $360,000.00, under CEQA Guideline 15378.
-206-
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH (1) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO YEAR AGREEMENT WITH WRA, INC. FOR AS-NEEDED ENVIRONMENTAL SERVICES IN AN AMOUNT NOT TO EXCEED $240,000.00; AND (2) AUTHORIZING

THE CITY MANAGER, IN HIS SOLE DISCRETION, TO EXECUTE AND EXTEND THE AGREEMENT FOR A THIRD YEAR IN AN AMOUNT NOT TO EXCEED $120,000.00, FOR A POTENTIAL TOTAL AMOUNT OF $360,000.00, UNDER CEQA GUIDELINE 15378
WHEREAS, the City Council of the Town of Hillsborough desires to secure as-needed engineering and consulting services necessary to support the Town’s Capital Improvement Program and departmental needs; and WHEREAS, in April 2026, the Town issued a Request for Proposals seeking qualified firms to provide as-needed municipal engineering and project management, general engineering, geotechnical and materials testing, and environmental services; and;
WHEREAS, staff evaluated the proposals received based on the criteria identified in the Request for Proposals, including proposal quality, relevant experience, technical approach, and demonstrated ability to provide similar services to comparable municipalities; and
WHEREAS, WRA, Inc. was determined to be qualified to provide as-needed environmental services to the Town on a project-by-project basis; and WHEREAS, the proposed agreement has an initial two-year term in an amount not to exceed $240,000.00 and may be extended by the City Manager, in his sole discretion, for one additional year upon the written mutual consent of both parties in an amount not to exceed $120,000.00, for a potential total agreement amount of $360,000.00; and
WHEREAS, no specific project funding is authorized by this Resolution, and the Director of Public Works will authorize task orders for approved services within available project budgets and the amounts authorized under the agreement; and
WHEREAS, the Town may terminate the agreement at any time in accordance with its terms; and
WHEREAS, the proposed action is exempt from environmental review under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an administrative activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENT 1
-207-
Resolution No. 26-
August 10, 2026
2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a two-year agreement with WRA, Inc for as-needed environmental services in an amount not to exceed $240,000.00, and authorizes the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $120,000.00, for a potential Total Amount of $360,000.00, under CEQA Guideline 15378.

Mayor of the Town of Hillsborough

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-208-
1 TOWN OF HILLSBOROUGH

ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20__ by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and WRA, Inc., a CORPORATION with its principal place of business at 2169-G East Francisco Blvd San Rafael, CA 94901 (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:

As-Needed Environmental Services
(hereinafter referred to as “the Project”).

C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $240,000.00 without written approval of the Town’s City Manager. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed ATTACHMENT 2
-209-
2 description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

4. Maintenance of Records.

5. Time of Performance.

All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities”, includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement. -210-
3 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. b. If required, Consultant shall assist the Town, 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 his or her services or operations performed under this Agreement.

11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town 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 Liability
-211-
4 (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 Town. (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 CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(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 (UCX) 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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 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 Town, and provided that such deductibles shall not apply to the Town 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 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. -212-
5 (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town 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 Liability (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 Town and in an amount indicated herein.

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per accident or disease Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. -213-
6 (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. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town 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 Town 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 Town 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 Town 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 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 Town, 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 Town, 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 -214-
7 Town and shall not preclude the Town from taking such other actions available to the Town 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 Town, 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.
i. 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 Town, 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, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town 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.
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 Town 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 Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town 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 Town’s choosing), indemnify and hold the Town, 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 -215-
8 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, any Task Order or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, 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 as a “design professional” (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. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that -216-
9 affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

19. Organization
-217-
10 Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

TOWN:

Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, CA 94010
Attn: Natalie Gribben
CONSULTANT:

WRA, Inc.
2169-G East Francisco Blvd
San Rafael, CA 94901
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.

23. Equal Opportunity Employment.

25. Severability
-218-
11 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. Town’s Right to Employ Other Consultants
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

31. Value Statement
By executing this Agreement, Consultant represents and warrants that it will comply with the values statement set forth in Exhibit “D” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee. -219-
12 When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “E” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
-220-
13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH
AND WRA, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH WRA, Inc.

By: By:

DOUG DAVIS
CITY MANAGER Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
-221-
14 EXHIBIT A
Scope of Services
Environmental Services
As needed environmental consulting services include, but are not limited to, the preparation of CEQA documents, regulatory agency permitting and coordination, and construction compliance monitoring and support.
-222-
15 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out-of-scope work being performed by Consultant. This is a time-andmaterials contract. -223-
WRA, INC. | WRA-CA.COM 14
SECTION 8. FEE PROPOSAL
WRA’s fee schedule for as-needed environmental consulting services is provided below. Because specific task orders and scopes of work will be authorized on an as-needed basis throughout the contract term, final notto-exceed budgets will be developed and submitted for individual task orders upon authorization by the Town.

Hourly billing rates for personnel anticipated to support this agreement are included below and will be applied based on the scope, complexity, and staffing requirements of each assignment.

HOURLY RATE SCHEDULE
Description 2026 Rate 2027 Rate 2028 Rate 2029 Rate
Principal / Director 319 330 342 354
Senior Associate 277 287 297 307
Associate 234 242 251 259
Senior Scientist 213 220 228 236
Scientist 195 202 209 216
Senior Technician 168 174 180 186
Technician 139 144 149 154
Senior Associate Environmental Planner 277 287 297 307
Associate Environmental Planner 234 242 251 259
Environmental Planner II 213 220 228 236
Environmental Planner I 195 202 209 216
Assistant Environmental Planner II 168 174 180 186
Assistant Environmental Planner 147 152 157 163
GIS Professional III 223 231 239 247
GIS Professional II 213 220 228 236
GIS Professional 195 202 209 216
GIS Senior Technician 168 174 180 186
GIS Technician 147 152 157 163
Senior Engineer 289 299 310 320
Senior Associate Engineer 281 291 301 312
Associate Engineer 246 255 264 273
Engineer II / Geomorphologist II 219 227 235 243
Engineer I / Geomorphologist I 197 204 211 218
Assistant Engineer II 177 183 190 196
Assistant Engineer 154 159 165 171
Senior Field Technician 195 202 209 216
Field Technician 147 152 157 163
Senior Project Biologist 137 142 147 152
Project Biologist 115 119 123 128
Clerical Support 102 106 109 113
PROPOSAL FOR TOWN OF HILLSBOROUGH | AS NEEDED CONSULTING AND ENGINEERING SERVICES -224-
16 EXHIBIT C
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: AS NEEDED [GENERAL ENGINEERING/INSPECTION/MATERIAL

Project Title:

CIP #:

Town Contact Name & Email:

Description of work:

List any attachments:

APPROVAL RECOMMENDED
By: Dated:

TOWN OF HILLSBOROUGH [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:
-225-
17 EXHIBIT D
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
11 CONSENT CALENDAR

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Resolution (1) Approving and Authorizing the City Manager to Execute a Two-Year Agreement with Pakpour Consulting Group, Inc. for As-Needed General Engineering Services in an Amount Not to Exceed $200,000.00; and (2) Authorizing the City Manager, in his sole discretion, to Execute and Extend the Agreement for a Third Year in an Amount Not to Exceed $100,000.00, for a Potential Total Amount of $300,000.00, Under CEQA Guideline 15378
SUMMARY: In April 2026, the Town issued a Request for Proposals (RFP) seeking qualified firms to provide as-needed municipal engineering and project management, general engineering, geotechnical and materials testing, and environmental services. Staff evaluated Pakpour Consulting Group, Inc.’s proposal based on the criteria identified in the RFP, including proposal quality, relevant experience, technical approach, and demonstrated ability to provide similar services to comparable municipalities. The evaluation committee determined that Pakpour Consulting Group, Inc. is qualified to provide general engineering services.

Under the proposed agreement, Pakpour Consulting Group, Inc. will provide as-needed general engineering services on a project-by-project basis. The proposed agreement amount is based on the Town’s use of these services during the previous three years and anticipated Capital Improvement Program (CIP) and departmental needs. Although several upcoming projects are identified in the CIP, the timing and level of effort required remain uncertain due to project schedules, design challenges, funding availability, and other unforeseen constraints.

FISCAL IMPACT: The as-needed general engineering services support the combined Capital Improvement Program, which has an approximate soft cost budget of $3,200,000.00 in FY 2026- 27, $2,300,000.00 in FY 2027-28, and $2,700,000.00 in FY 2028-29. -227-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

ATTACHMENT(S):

1. Resolution

2. Professional Services Agreement
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute a two-year agreement with Pakpour Consulting Group, Inc. for as-needed general engineering services in an amount not to exceed $200,000.00, and authorizing the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $100,000.00, for a potential total amount of $300,000.00, under CEQA Guideline 15378. -228-
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH (1) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO YEAR AGREEMENT WITH PAKPOUR CONSULTING GROUP, INC. FOR ASNEEDED GENERAL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $200,000.00; AND (2) AUTHORIZING THE CITY MANAGER, IN HIS SOLE

DISCRETION, TO EXECUTE AND EXTEND THE AGREEMENT FOR A THIRD YEAR IN AN AMOUNT NOT TO EXCEED $100,000.00, FOR A POTENTIAL TOTAL AMOUNT OF $300,000.00, UNDER CEQA GUIDELINE 15378
WHEREAS, the City Council of the Town of Hillsborough desires to secure as-needed engineering and consulting services necessary to support the Town’s Capital Improvement Program and departmental needs; and WHEREAS, in April 2026, the Town issued a Request for Proposals seeking qualified firms to provide as-needed municipal engineering and project management, general engineering, geotechnical and materials testing, and environmental services; and;
WHEREAS, staff evaluated the proposals received based on the criteria identified in the Request for Proposals, including proposal quality, relevant experience, technical approach, and demonstrated ability to provide similar services to comparable municipalities; and
WHEREAS, Pakpour Consulting Group, Inc. was determined to be qualified to provide as-needed general engineering services to the Town on a project-byproject basis; and WHEREAS, the proposed agreement has an initial two-year term in an amount not to exceed $200,000.00 and may be extended by the City Manager, in his sole discretion, for one additional year upon the written mutual consent of both parties in an amount not to exceed $100,000.00, for a potential total agreement amount of $300,000.00; and
WHEREAS, no specific project funding is authorized by this Resolution, and the Director of Public Works will authorize task orders for approved services within available project budgets and the amounts authorized under the agreement; and
WHEREAS, the Town may terminate the agreement at any time in accordance with its terms; and
WHEREAS, the proposed action is exempt from environmental review under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an administrative activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENT 1
-229-
Resolution No. 26-
August 10, 2026
2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a two-year agreement with Pakpour Consulting Group, Inc for as-needed general engineering services in an amount not to exceed $200,000.00, and authorizes the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $100,000.00, for a potential Total Amount of $300,000.00, under CEQA Guideline 15378.

Mayor of the Town of Hillsborough

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-230-
1 61236.02000\45250370.2

TOWN OF HILLSBOROUGH

ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20__ by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and Pakpour Consulting Group, Inc., a CORPORATION with its principal place of business at 6601 Owens Drive, Suite 230, Pleasanton, CA 94588 (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:

As-Needed General Engineering Services
(hereinafter referred to as “the Project”).

C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $200,000.00 without written approval of the Town’s City Manager. This amount is to cover all printing and ATTACHMENT 2
-231-
2 61236.02000\45250370.2
related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

4. Maintenance of Records.

5. Time of Performance.

The term of this Agreement shall be from September 1, 2026 to August 31, 2028, unless earlier terminated as provided herein.The agreement may be extended for an additional one-year period beyond the initial two-year term at the sole discretion of the City Manager. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the Town. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities”, includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a 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. Delays not caused by the sole negligence or willful -232-
3 61236.02000\45250370.2
misconduct of the Town shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement. In the event the Town terminates this Agreement pursuant to Section 6, the Town shall compensate Consultant for services performed, and for all outstanding costs and reimbursable expenses incurred for work completed as of the date of written notice of termination

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. b. If required, Consultant shall assist the Town, as requested, in obtaining and maintaining 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 his or her 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 providing services in the same or similar locality. Nothing in this Agreement shall be interpreted to require Consultant to meet any higher standard of care, and this Section shall control over any such contrary provision.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of Town. No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided. Any personnel performing the work governed by -233-
4 61236.02000\45250370.2
this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town 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 Liability
(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 Town. (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 CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(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 contract
(6) Explosion, Collapse and Underground (UCX) 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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 20 10 04 13 and 20 37 04 13, 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 Town, and provided that such deductibles shall not apply to the Town as an additional insured. -234-
5 61236.02000\45250370.2
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 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town 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 Liability (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 Town 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 coverage 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:
-235-
6 61236.02000\45250370.2
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per accident or disease Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Except with respect to professional liability, 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. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town 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 Town 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 Town 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 Town 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 -236-
7 61236.02000\45250370.2
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 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 Town, 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 Town, 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 Town and shall not preclude the Town from taking such other actions available to the Town 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 Town, 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.
i. 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 Town, 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, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. -237-
8 61236.02000\45250370.2
(iv) Neither the Town 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.
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 Town 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 Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town 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 Town’s choosing), indemnify and hold the Town, 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, any Task Order or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, 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 as a “design professional” (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. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all -238-
9 61236.02000\45250370.2
subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

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. Consultant shall include a provision in its subcontracts requiring compliance with such laws and to shall require subcontractors to include such a provision in their subcontracts of any tier.

15. Reserved.

16. 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 or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment
a. Town 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, Town shall be immediately given title and possession to all original field notes, drawings and -239-
10 61236.02000\45250370.2
specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. Town 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 Town and Consultant of the portion of such task completed but not paid prior to said termination. Town 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 Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and 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 Town.

19. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

TOWN:

Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, CA 94010
Attn: Natalie Gribben
CONSULTANT:

Pakpour Consulting Group, Inc.
6601 Owens Drive, Suite 230
Pleasanton, CA 94588
and shall be effective upon receipt thereof.

22. Third Party Rights
-240-
11 61236.02000\45250370.2
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.

23. Equal Opportunity Employment.

25. Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement. -241-
12 61236.02000\45250370.2

29. Town’s Right to Employ Other Consultants
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “E” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
-242-
13 61236.02000\45250370.2

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH
AND PAKPOUR CONSULTING GROUP, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH Pakpour Consulting Group, Inc.

By: By:

DOUG DAVIS
CITY MANAGER Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
-243-
14 61236.02000\45250370.2

EXHIBIT A
Scope of Services
General Engineering Services
As needed general engineering services include, but are not limited to, the design and preparation of storm water, sanitary sewer, potable water, traffic, and paving PS&E’s for Public Works construction projects, construction inspection, contract administration, and general Public Works project management.
-244-
15 61236.02000\45250370.2

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out-of-scope work being performed by Consultant. This is a time-andmaterials contract. -245-
Statement of Qualifications for As-Needed Consulting and Engineering Services:

GENERAL ENGINEERING SERVICES
PAGE 12
Fee Proposal
In 2020, at the start of the pandemic, we sent a letter to our clients explaining our thoughts on pending hourly rate increase. The hourly rates listed below remain the same from the previous fiscal year. An excerpt of the letter is below:

This letter is to inform you that although our current on-call contract with your agency allows for annual rate adjustment, Pakpour Consulting Group (PCG) will not be increasing our billing rates. My partners and I started Pakpour Consulting Group in 2004 after having worked for several large engineering firms. One of the ideas behind starting our own company was to develop a partnership with our clients and not just be known as another consulting firm. This partnership means we share the same journey and face challenges together. PCG understands public agencies are feeling the economic impacts from the Covid-19 pandemic.

These are challenging times that we must partner together to overcome. Thus, last week PCG’s Board of Directors agreed unanimously to forgo any billing rate increases for the next fiscal year as our clients navigate their financial challenges. We feel good about this decision even though it will affect our own bottom line as our operating costs, such as health insurance and rent, will increase in the coming months.

Pakpour Consulting Group – Billing Rates
Title/Staff Member
Hourly Rates
FY 2026/27
Principal Engineer
Joubin Pakpour, PE, Steven Yee, PE $315
Associate Principal
Deryk Daquigan, PE, Roger Lee $285
Senior Engineer/Senior Construction Manager
Kurt Wurnitsch, PE, QSP/D, Gary Ushiro, PE, QSP/D, Brandon Laurie, PE, William Lai, PE $265 Senior Designer $255
Associate Engineer/Associate Construction Manager
Feraydoon Farsi, EIT $235
Associate Designer
Drake Valentine $225
Project Engineer/Construction Manager (Project) $200
Project Designer
David Dong $190
Assistant Engineer/Assistant Construction Manager
Maitri Desai, Hamed Khatibi, Sirine Ben Ali $180
Assistant Designer $170
Public Works Inspector
Roehl Barreras $205
Engineering Technician $140
Management Analyst/Administrative Support
Maria Kwon, Mimi Lai $95
The above hourly rates include charges for direct expenses such as mileage, copies, plots, postage, shipping, telephone, and cell phone. A 10% markup will be added to subconsultants. -246-
16 61236.02000\45250370.2

EXHIBIT C
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: AS NEEDED [GENERAL ENGINEERING/INSPECTION/MATERIAL

Project Title:

CIP #:

Town Contact Name & Email:

Description of work:

List any attachments:

APPROVAL RECOMMENDED
By: Dated:

TOWN OF HILLSBOROUGH [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:
-247-
17 61236.02000\45250370.2

EXHIBIT D
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
12 CONSENT CALENDAR

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Resolution (1) Approving and Authorizing the City Manager to Execute a Two Year Agreement with Schaaf & Wheeler Consulting Civil Engineers for As-Needed General Engineering Services in an Amount Not to Exceed $400,000.00; and (2) Authorizing the City Manager, in his Sole Discretion, to Execute and Extend the Agreement for a Third Year in an Amount Not to Exceed $200,000.00, for a Potential Total Amount of $600,000.00, Under CEQA Guideline 15378
SUMMARY: In April 2026, the Town issued a Request for Proposals (RFP) seeking qualified firms to provide as-needed municipal engineering and project management, general engineering, geotechnical and materials testing, and environmental services. Staff evaluated Schaaf & Wheeler Consulting Civil Engineer’s proposal based on the criteria identified in the RFP, including proposal quality, relevant experience, technical approach, and demonstrated ability to provide similar services to comparable municipalities. The evaluation committee determined that Schaaf & Wheeler Consulting Civil Engineers is qualified to provide general engineering services.

Under the proposed agreement, Schaaf & Wheeler Consulting Civil Engineers will provide asneeded general engineering services on a project-by-project basis. The proposed agreement amount is based on the Town’s use of these services during the previous three years and anticipated Capital Improvement Program (CIP) and departmental needs. Although several upcoming projects are identified in the CIP, the timing and level of effort required remain uncertain due to project schedules, design challenges, funding availability, and other unforeseen constraints.

FISCAL IMPACT: The as-needed general engineering services support the combined Capital Improvement Program, which has an approximate soft cost budget of $3,200,000.00 in FY 2026- 27, $2,300,000.00 in FY 2027-28, and $2,700,000.00 in FY 2028-29. -249-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

ATTACHMENT(S):

1. Resolution

2. Professional Services Agreement
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute a two-year agreement with Schaaf & Wheeler Consulting Civil Engineers for as-needed general engineering services in an amount not to exceed $400,000.00, and authorizing the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $200,000.00, for a potential Total Amount of $600,000.00, under CEQA Guideline 15378. -250-
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH (1) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO

YEAR AGREEMENT WITH SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS

FOR AS-NEEDED GENERAL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $400,000.00; AND (2) AUTHORIZING THE CITY MANAGER, IN HIS SOLE

DISCRETION, TO EXECUTE AND EXTEND THE AGREEMENT FOR A THIRD YEAR IN AN AMOUNT NOT TO EXCEED $200,000.00, FOR A POTENTIAL TOTAL AMOUNT OF $600,000.00, UNDER CEQA GUIDELINE 15378
WHEREAS, the City Council of the Town of Hillsborough desires to secure as-needed engineering and consulting services necessary to support the Town’s Capital Improvement Program and departmental needs; and WHEREAS, in April 2026, the Town issued a Request for Proposals seeking qualified firms to provide as-needed municipal engineering and project management, general engineering, geotechnical and materials testing, and environmental services; and;
WHEREAS, staff evaluated the proposals received based on the criteria identified in the Request for Proposals, including proposal quality, relevant experience, technical approach, and demonstrated ability to provide similar services to comparable municipalities; and
WHEREAS, Schaaf & Wheeler Consulting Civil Engineers was determined to be qualified to provide as-needed general engineering services to the Town on a project-by-project basis; and
WHEREAS, the proposed agreement has an initial two-year term in an amount not to exceed $400,000.00 and may be extended by the City Manager, in his sole discretion, for one additional year upon the written mutual consent of both parties in an amount not to exceed $200,000.00, for a potential total agreement amount of $600,000.00; and
WHEREAS, no specific project funding is authorized by this Resolution, and the Director of Public Works will authorize task orders for approved services within available project budgets and the amounts authorized under the agreement; and
WHEREAS, the Town may terminate the agreement at any time in accordance with its terms; and
WHEREAS, the proposed action is exempt from environmental review under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an administrative activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENT 1
-251-
Resolution No. 26-
August 10, 2026
2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a two-year agreement with Schaaf & Wheeler Consulting Civil Engineers for as-needed general engineering services in an amount not to exceed $400,000.00, and authorizes the City Manager, in his sole discretion, to execute and extend the agreement for a third year in an amount not to exceed $200,000.00, for a potential Total Amount of $600,000.00, under CEQA Guideline 15378.

Mayor of the Town of Hillsborough

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-252-
1 61236.02000\45250287.2

TOWN OF HILLSBOROUGH

ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20__ by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and Schaaf & Wheeler Consulting Civil Engineers a CORPORATION, with its principal place of business at 4699 Old Ironsides Drive, Ste. 350, Santa Clara, CA 95054 (hereinafter referred to as “Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:

As-Needed General Engineering Services
(hereinafter referred to as “the Project”).

C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $400,000.00 without written approval of the Town’s City Manager. This amount is to cover all printing and ATTACHMENT 2
-253-
2 61236.02000\45250287.2
related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

4. Maintenance of Records.

5. Time of Performance.

The term of this Agreement shall be from September 1, 2026 to August 31, 2028, unless earlier terminated as provided herein. The agreement may be extended for an additional one-year period beyond the initial two year term at the sole discretion of the City Manager. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the Town. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities”, includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. -254-
3 61236.02000\45250287.2
c. Notwithstanding the foregoing, the Town may still terminate this Agreement in accordance with the termination provisions of 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. b. If required, Consultant shall assist the Town, 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 his or her services or operations performed under this Agreement.

11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town it has secured all insurance required under this section. In -255-
4 61236.02000\45250287.2
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 Liability
(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 Town. (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 CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(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) INTENTIONALLY DELETED
(7) Non-Assumed Contractual Liability with respect to this Agreement
(8) INTENTIONALLY DELETED
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) non-assumed 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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 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 Town, and provided that such deductibles shall not apply to the Town 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 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
-256-
5 61236.02000\45250287.2
(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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town 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 Liability (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 Town and in an amount indicated herein.

This insurance shall be endorsed to include non-assumed contractual liability applicable to this Agreement and shall be written on a policy form coverage 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:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
-257-
6 61236.02000\45250287.2
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per accident or disease Professional Liability $2,000,000 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. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town 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 Town 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 Town 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 Town 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 policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
-258-
7 61236.02000\45250287.2
(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 Town, 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 Town, 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 Town and shall not preclude the Town from taking such other actions available to the Town 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 Town, 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.
i. 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 Town, 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, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town 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.
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 Town that they have secured all insurance required under this -259-
8 61236.02000\45250287.2
section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town 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 Town’s choosing), indemnify and hold the Town, 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, any Task Order or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, 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 as a “design professional” (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. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to -260-
9 61236.02000\45250287.2
work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

15. Reserved.

16. 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 or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment
a. Town 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, Town 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. Town 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 Town and Consultant of the portion of such task completed but not paid prior to said termination. Town shall not be liable for any costs -261-
10 61236.02000\45250287.2
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 Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and 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 Town.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

TOWN:

Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, CA 94010
Attn: Natalie Gribben
CONSULTANT:

Schaaf & Wheeler Consulting Civil Engineers
4699 Old Ironsides Drive, Ste. 350
Santa Clara, CA 95054
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.

23. 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, -262-
11 61236.02000\45250287.2
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.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. Town’s Right to Employ Other Consultants
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
-263-
12 61236.02000\45250287.2
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, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH

AND SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH Schaaf & Wheeler Consulting Civil Engineers By: By:

DOUG DAVIS
CITY MANAGER Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
-265-
14 61236.02000\45250287.2

7. Fee Proposal
Schaaf & Wheeler's current rate sheet is below. The rate sheets for our subconsultants can be found in Appendix C.

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

Current rates by classification are listed below. The rates are subject to an annual escalation of 3%.

Classification Rate/Hr
Principal Project Manager $315
Senior Project Manager $290
Senior Engineer $265
Associate Engineer $235
Assistant Engineer $215
Junior Engineer $200
Designer $185
GIS Analyst $185
Technician $170
Engineering Trainee $145
Litigation Charges
Court or deposition time as an expert witness is charged at $500 per hour.

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

Effective 1/1/26
14 -268-
16 61236.02000\45250287.2

EXHIBIT C
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: AS NEEDED [GENERAL ENGINEERING/INSPECTION/MATERIAL

Project Title:

CIP #:

Town Contact Name & Email:

Description of work:

List any attachments:

APPROVAL RECOMMENDED
By: Dated:

TOWN OF HILLSBOROUGH [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:
-269-
17 61236.02000\45250287.2

EXHIBIT D
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
13 CONSENT CALENDAR

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Resolution (1) Approving and Authorizing the City Manager to Execute a Two-Year Professional Services Agreement with Richardson Consulting for As-Needed Professional Planning Services in an Amount not to Exceed $320,000.00 ($160,000.00 Annually); and (2) Authorizing the City Manager, Subject to Annual Budget Appropriations and in his Sole Discretion, to Execute a One-Year Extension in an Amount Not to Exceed $160,000.00, for a Potential Total Amount of $480,000.00, Under CEQA Guideline 15378 SUMMARY: The Town currently utilizes Richardson Consulting to provide as-needed professional planning services in support of the Building & Planning Department.

Due to the ongoing workload demands and staffing levels, staff recommends replacing the existing Letter Agreement with the Town's standard Professional Services Agreement. The proposed resolution approves a two-year term in a total amount not to exceed $320,000.00 ($160,000.00 annually) and authorizes the City Manager to enter into an optional one-year extension, subject to annual budget appropriations and the City Manager's discretion.

The agreement provides flexibility to scale consultant services up or down as operational needs change, allowing the Town to maintain service levels while supporting prudent fiscal management.

BACKGROUND: In October 2024, the Town entered into a Letter Agreement with Richardson Consulting to provide professional planning services in support of the Building & Planning Department. In January 2025, the Letter Agreement was amended to increase the not-to-exceed compensation amount in response to the Department's operational needs.

Richardson Consulting has continued to provide professional planning services to the Town, including current planning, development application review and processing, project management, public counter support, and coordination with applicants, consultants, and the public. Through her service to the Town, Cynthia Richardson has developed extensive institutional knowledge of the Town's planning processes, development regulations, and community expectations.

Staff recommends replacing the existing Letter Agreement with the Town's standard Professional Services Agreement. The proposed agreement supersedes and replaces the existing Letter Agreement, as amended, and establishes a two-year term with compensation not to exceed $160,000.00 annually, for a total contract amount not to exceed $320,000.00. The agreement also authorizes the City Manager, subject to annual budget appropriations and in his sole discretion, to execute a one-year extension in an amount not to exceed $160,000.00, for a potential total amount of $480,000.00.
-271-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

DISCUSSION: Richardson Consulting has consistently provided high-quality professional planning services. Cynthia Richardson's familiarity with the Town's planning processes, development regulations, and community expectations allows her to efficiently process applications while providing continuity for applicants, residents, and staff.

The proposed Professional Services Agreement will allow the Town to continue augmenting staff resources while maintaining service levels and ensuring the timely processing of development applications.

Finally, replacing the existing Letter Agreement with the Town's standard Professional Services Agreement provides consistency with the Town's current contracting practices and establishes clear terms for the continued provision of professional planning services.

FISCAL IMPACT: The proposed Professional Services Agreement authorizes compensation in an amount not to exceed $160,000.00 annually, for a total not-to-exceed amount of $320,000 over the initial two-year term.

Funding for the agreement is included in the Building & Planning Department budget and is subject to annual budget appropriations approved by the City Council. The proposed agreement also includes an optional one-year extension in an amount not to exceed $160,000.00, which may be exercised by the City Manager, subject to annual budget appropriations.

ENVIRONMENTAL ISSUES: The proposed action is not a project subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15378 of the CEQA Guidelines because it is an organizational or administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.

ATTACHMENT(S):

1. Resolution

2. Professional Services Agreement
PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager to execute a two-year professional services agreement with Richardson Consulting for as-needed professional planning services in an amount not to exceed $320,000.00 ($160,000.00 annually); and (2) approving and authorizing the City Manager, subject to annual budget appropriations and in his sole discretion, to execute a one-year extension in an amount not to exceed $160,000.00, for a potential total amount of $480,000.00, under CEQA guideline 15378. -272-
RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH (1) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWOYEAR PROFESSIONAL SERVICES AGREEMENT WITH RICHARDSON

CONSULTING FOR AS-NEEDED PROFESSIONAL PLANNING SERVICES IN AN AMOUNT NOT TO EXCEED $320,000.00 ($160,000.00 ANNUALLY); AND (2)

AUTHORIZING THE CITY MANAGER, SUBJECT TO ANNUAL BUDGET

APPROPRIATIONS AND IN HIS SOLE DISCRETION, TO EXECUTE A ONE-YEAR EXTENSION IN AN AMOUNT NOT TO EXCEED $160,000.00, FOR A POTENTIAL TOTAL AMOUNT OF $480,000.00, UNDER CEQA GUIDELINE 15378 WHEREAS, in October 2024, the Town of Hillsborough (“Town”) entered into a Letter Agreement with Richardson Consulting with a not-to-exceed compensation amount to $30,000.00 for professional planning services; and
WHEREAS, in January 2025, the Town amended the Letter Agreement to increase the not-to-exceed compensation amount to $74,000.00 for on call professional planning services; and
WHEREAS, Richardson Consulting has provided professional planning services to the Town over multiple years and has developed extensive institutional knowledge of the Town's planning processes, development regulations, and community expectations; and
WHEREAS, due to the need for flexibility to augment existing staff resources, the Town has increased its reliance on Richardson Consulting to provide as-needed professional planning services; and
WHEREAS, utilizing an as-needed consultant enables the Town to efficiently respond to fluctuations in workload by scaling services up or down as operational needs change, and supporting the Town Council's goal of maintaining budget flexibility; and
WHEREAS, staff recommends entering into the Town's standard Professional Services Agreement with Richardson Consulting to continue providing professional planning services on an as-needed basis; and
WHEREAS, the proposed Professional Services Agreement will supersede and replace the existing Letter Agreement, as amended, and provide for a two-year term in an amount not to exceed $160,000.00 annually; and WHEREAS, subject to annual budget appropriations, the City Manager, in his sole discretion, may execute a one-year extension in an amount not to exceed $160,000.00, for a potential total amount of $480,000.00; and WHEREAS, funding for the Agreement is included in the Building & Planning Department budget; and
ATTACHMENT 1
-273-
Resolution No. 26-
August 10, 2026
2 WHEREAS, the approval of the Professional Services Agreement is not a project subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15378 because it is an organizational or administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a two-year professional services agreement with Richardson Consulting for as-needed professional planning services in an amount not to exceed $320,000.00 ($160,000.00 annually); and (2) approving and authorizing the City Manager, subject to annual budget appropriations and in his sole discretion, to execute a one-year extension in an amount not to exceed $160,000.00, for a potential total amount of $480,000.00, under CEQA Guideline 15378.

Mayor of the Town of Hillsborough

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers

-274-
61236.01300\40844037.1
1 TOWN OF HILLSBOROUGH

AS-NEEDED PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20__ by and between the Town of Hillsborough, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”), and Richardson Consulting, a California Corporation with its principal place of business at 24 Campbell Lane, Menlo Park, CA 94025 (hereinafter referred to as “Consultant”).

Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Town is a public agency of the State of California and is in need of as-needed professional planning services (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 Town to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the Town with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.

Compensation shall be based on the actual amount of time spent adequately performing the Services and shall be billed at the rate of $178.00 per hour. Total compensation paid to Consultant during the initial two-year term of this Agreement shall not exceed $360,000.00, with compensation not to exceed $180,000.00 annually.

If the Town exercises the optional one-year extension provided for in this Agreement, compensation paid to Consultant during the extension term shall not exceed an additional $180,000.00, subject to annual budget appropriations. In no event shall the total compensation paid to Consultant under this Agreement, including the optional one-year extension, exceed $540,000.00.

Consultant’s invoices shall include a detailed description of the Services performed.

Invoices shall be submitted to the Town on a monthly basis as performance of the Services progresses. Town shall review and pay the approved charges within thirty (30) days of receipt of such invoices. If the Town disputes any of Consultant’s fees, the Town shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

The Town shall review and pay the approved charges on such invoices in a timely manner.

ATTACHMENT 2
-275-
61236.01300\40844037.1
2 3. Additional Work.

4. Maintenance of Records.

5. Term.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”). The initial term of this Agreement shall be two (2) years from the date of the Notice to Proceed, unless earlier terminated in accordance with this Agreement.

Subject to annual budget appropriations, the Town may, in the City Manager’s sole discretion, extend the term of this Agreement for one (1) additional one-year period. Any such extension shall be made in writing and executed by the City Manager prior to expiration of the initial term.

6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities”, includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement. -276-
61236.01300\40844037.1
3 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. b. If required, Consultant shall assist the Town, 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 his or her 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.

9. Assignment 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 Town, 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.

The Town and Consultant acknowledge that Consultant will perform the services under this Agreement without the use of subconsultants. Consultant shall not employ or utilize any independent associates or subconsultants in the performance of the services without the Town's prior written consent. Any approved subcontracts shall contain a provision making them subject to all provisions of this Agreement.

10. Independent Contractor.

Consultant is retained as an independent contractor and is not an employee of Town. No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. a. Commercial General Liability
-277-
61236.01300\40844037.1
4 (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 Town. (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 CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(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 (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Broad Form Property Damage
(9) Independent Consultants 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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 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 Town, and provided that such deductibles shall not apply to the Town 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 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
(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 Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. -278-
61236.01300\40844037.1
5 (iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town 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 Liability (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 Town and in an amount indicated herein.

Combined Single Limit
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 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
-279-
61236.01300\40844037.1
6 (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. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town 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 Town 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 Town 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 Town 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 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 Town, 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 Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
-280-
61236.01300\40844037.1
7 (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 Town and shall not preclude the Town from taking such other actions available to the Town 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 Town, 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.
i. 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 Town, 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, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the Town 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.
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 Town 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 Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
-281-
61236.01300\40844037.1
8 a. To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, 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 except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, 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 as a “design professional” (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. Reserved.

14. Verification of Employment Eligibility.

15. Reserved.

16. 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 or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment.
a. Town 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, Town 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. Town 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 -282-
61236.01300\40844037.1
9 such services, based on an amount mutually agreed to by Town and Consultant of the portion of such task completed but not paid prior to said termination. Town 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 Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents.

Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and 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 Town.

19. Organization.

Consultant shall assign Cynthia RIchardson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. 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, return receipt requested, postage prepaid, addressed to:

TOWN:

Town of Hillsborough
1600 Floribunda Ave. Hillsborough, CA 94010
Attn: Liz Ruess, Assistant Director of Building
and Planning
CONSULTANT:

Cynthia Richardson, Richardson Consulting
24 Campbell Lane, Menlo Park, CA 94025
and shall be effective upon receipt thereof.

22. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.

23. Equal Opportunity Employment.
-283-
61236.01300\40844037.1
10 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.

24. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of Town 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.

25. Severability.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

26. 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 Town. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver.

The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

28. Time of Essence.

Time is of the essence for each and every provision of this Agreement.

29. Town’s Right to Employ Other Consultants.

Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
-284-
61236.01300\40844037.1
11 30. 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, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Value Statement.

By executing this Agreement, Consultant represents and warrants that it will comply with the values statement set forth in Exhibit “B” to the same extent as a member of the Town of Hillsborough City Council or of a Hillsborough board or committee.

[SIGNATURES ON FOLLOWING PAGE]
-285-
61236.01300\40844037.1
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH

AND RICHARDSON CONSULTING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF HILLSBOROUGH RICHARDSON CONSULTING
By: By:

Doug Davis
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
-286-
61236.01300\40844037.1
13 EXHIBIT A
Scope of Services
Consultant shall provide the Town with professional planning services; including but not limited to the following services:
• Provide current planning assistance and serve as project manager on current development projects; including meeting with applicants and residents and assisting applicants with the Town’s development review process.
• Review residential development proposals, plans, and applications for compliance with the Town’s General Plan, codes, and zoning ordinance.
• Prepare and review necessary environmental review documents related to development projects or Town projects.
• Coordinate current development projects with other Town departments and route projects for review.
• Attend ADRB meetings, as requested.
-287-
61236.01300\40844037.1
14 EXHIBIT B
Values Statement

TOWN OF HILLSBOROUGH CITY COUNCIL, BOARDS, AND COMMUNITIES

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
14 CONSENT CALENDAR

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Adoption of an Ordinance Amending Section 17.32.030 of the Hillsborough Municipal Code to Reduce the Minimum Dwelling Size Requirement and Eliminate the Recordation Requirement for Limited Remaining Floor Area SUMMARY: This ordinance amends Section 17.32.030 of the Hillsborough Municipal Code to reduce the minimum dwelling size for newly constructed principal single-family dwellings from 2,500 square feet to 1,000 square feet, retain the existing maximum Floor Area Ratio (FAR) standards, and eliminate the requirement to record a notice when 500 square feet or less of allowable floor area remains. The amendments modernize Section 17.32.030 while preserving the Town's established FAR regulations and implementing the Town's adopted Housing Element commitments.

As part of the Town's 2023–2031 Housing Element, the Town committed to eliminating the existing 2,500-square-foot minimum dwelling size requirement to reduce potential constraints on housing development and provide greater flexibility in residential design. The ordinance implements that program by reducing the minimum dwelling size for newly constructed principal single-family dwellings to 1,000 square feet.

The ordinance also eliminates the deed recordation requirement for properties with limited remaining allowable floor area. Because future development remains subject to Town review and permit approval regardless of any recorded notice, the recordation requirement provides limited practical benefit while creating an unnecessary administrative step.

The ordinance was introduced with further reading waived by unanimous (5-0) vote at the July 13, 2026 City Council meeting.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item. The removal of the recordation requirement may result in a minor reduction in administrative processing time for staff and applicants.

ENVIRONMENTAL ISSUES: The ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (Common Sense Exemption) because it can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment. The amendments reduce the minimum dwelling size requirement, retain the existing Floor Area Ratio (FAR) standards, and eliminate an administrative deed recordation requirement, none of which authorize or require any specific physical development or result in a direct or reasonably foreseeable indirect physical change in the environment.
-289-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

ATTACHMENT(S): Ordinance Amending Hillsborough Municipal Code Section 17.32.030 PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Adopt the ordinance entitled, “An Ordinance of the City Council of the Town of Hillsborough Amending Section 17.32.030 of the Hillsborough Municipal Code Relating to Minimum Dwelling Size, Floor Area Ratio, and Notice of Limited Remaining Floor Area, and Finding the Action to be Exempt from the California Environmental Quality Act.” -290-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING SECTION 17.32.030 OF THE HILLSBOROUGH MUNICIPAL CODE

RELATING TO MINIMUM DWELLING SIZE, FLOOR AREA RATIO, AND NOTICE

OF LIMITED REMAINING FLOOR AREA AND FINDING THE ACTION TO BE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Town of Hillsborough, California (“Town”), is a municipal corporation duly organized under the Constitution and laws of the State of California; and WHEREAS, Section 17.32.030 of the Hillsborough Municipal Code establishes minimum dwelling size requirements, maximum Floor Area Ratio (“FAR”) standards, and a recordation requirement for properties with limited remaining allowable floor area; and WHEREAS, the Town adopted its 2023–2031 Housing Element, which includes programs to remove or reduce local development standards that may constrain housing opportunities, including the existing 2,500-square-foot minimum dwelling size requirement; and WHEREAS, the proposed ordinance implements the Housing Element by reducing the minimum dwelling size for newly constructed principal single-family dwellings from 2,500 square feet to 1,000 square feet while retaining the Town's existing FAR standards; and WHEREAS, the proposed ordinance also eliminates the requirement to record a notice when a property has 500 square feet or less of remaining allowable floor area because the notice is informational only and future development remains subject to Town review and approval under applicable laws and regulations; and
WHEREAS, the City Council held a duly noticed public hearing to consider the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of the Town of Hillsborough does ordain as follows:

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code section 21080.17 because the Ordinance implements a program identified in the Town's adopted Housing Element to reduce constraints on housing development. In the alternative, and independently, the City Council finds that the Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 3. General Plan. The City Council finds that the Ordinance is consistent with the Town of Hillsborough General Plan, including the 2023–2031 Housing Element, because it implements an adopted Housing Element program while preserving the Town's existing Floor Area Ratio standards and other residential development regulations.

SECTION 4. Code Amendment. Section 17.32.030 of the Hillsborough Municipal Code is hereby amended and restated as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 6. Publication. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its adoption in accordance with Government Code section 36933. -291-
SECTION 7. Custodian of Records. The custodian of records for this Ordinance is the Town Clerk, and the records comprising the administrative record are located at the Town Hall, 1600 Floribunda Avenue, Hillsborough, California 94010.

SECTION 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

Mayor of the Town of Hillsborough
Attest: City Clerk
ORDINANCE NO. _____ of the Town of Hillsborough introduced on July 13, 2026 and adopted on _______________, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-292-

EXHIBIT A

17.32.030 Minimum and maximum dwelling size; FAR.

A. The total covered floor area of a newly constructed principal single-family dwelling shall be at least one thousand square feet.

B. The total covered floor area shall not exceed twenty-five percent of the net lot area for the first acre plus fifteen percent of the net lot area over one acre. This percentage is known as the floor area ratio ("FAR") and is calculated by dividing the total covered floor area (in square feet) by the net lot area (in square feet).
-293-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
15 PUBLIC HEARING

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Conceptual Review of the Subdivision of APN 038-110-160 and APN 038- 121-160 (Meadowood Estates) into Two Parcels and Dedication of Public Utility Easements SUMMARY: The Town received a Conceptual Plan application to subdivide a vacant 20.1-acre property located near the intersection of Crystal Springs Road and Tartan Trail Road. The subject property is currently comprised of two APNs: APN 038-110-160 and APN 038-121-160. The proposed subdivision would create two parcels: Lot 1, consisting of approximately 6.3 acres, and Lot 2, consisting of approximately 13.8 acres. The application also includes the dedication of new five-foot-wide public utility easements.

The subject property was previously included in the Meadowood Estates Tentative Map application, which also included one additional adjacent parcel. The Meadowood Estates Vesting Tentative Map was approved in 2020 to create eight lots. The eight lot configuration on the 2020 Vesting Tentative Map is compatible with the lot configuration of this conceptual plan’s two lot configuration and therefore does not create any potential conflicts between the processing the subdivision of these parcels through multiple maps or in multiple steps. Additionally, as provided in the Development Agreement (“DA”) recorded in connection with the 2020 Tentative Map, the proposed subdivision would be subject to the terms of the DA.

At the time of the tentative map application, the subject property was understood to consist of two separate legal parcels corresponding to the two associated APNs. During the final map process, however, it was determined that the APNs were likely created for tax assessment purposes and did not establish two separate legal lots. The property owner now wishes to sell the portion of the property that corresponds to four of the lots (Lots 5, 6, 7, and 8) previously approved under the 2020 Vesting Tentative Map before the final map is recorded on that map.

The proposed subdivision would create Lot 2 to align with previously approved lots (Lots 5, 6, 7, and 8) along Stone Creek Way/North Court. Lot 1 would comprise the remainder of the subject property, encompassing Lots 1, 2, 3, and 4 on the 2020 Vesting Tentative Map. Together with the adjacent vacant parcel that is not part of this proposed subdivision, Lot 1 would align with the Meadowood Court/South Court portion of the previously approved Tentative Map.

Hillsborough Municipal Code (HMC) section 16.16.020 requires Conceptual Review of all proposed subdivision projects. This preliminary review of proposed subdivisions is intended to facilitate optimum subdivision design, reduce unproductive efforts by all parties, and bring about a better result for applicants, Town residents and the City Council. The process provides a forum for citizens and the City Council to provide preliminary feedback on issues relating to the subdivision’s design and potential environmental issues. This conceptual review is step one in a multi-step subdivision map approval process and does not constitute final approval of the proposed -294-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

subdivision. Per the California Subdivision Map Act and HMC Sections 16.16.010.B and

16.16.060, a Tentative and Final Parcel map must be submitted to the City Engineer and reviewed by the City Council in advance of any final subdivision approval.

The existing lot currently has no public street frontage, and the proposed subdivision does not create public street frontage. However, the approved 2020 Tentative Map and the terms of the recorded DA provide for the minimum street frontage required by the Municipal Code. Because this subdivision is subject to the terms of the recorded DA, the minimum street frontage requirement will be satisfied upon recordation of the final map for the 2020 Tentative Map.

The proposed subdivision meets all other requirements of the State of California Subdivision Map Act and the Town’s Subdivision Ordinance for lot design, access, topography and future building site.

As of 5:00 p.m. on Wednesday, August 5, 2026, the Town had received no public comment. Any public comment received after 5:00 p.m. on Wednesday, August 5, 2026 and prior to 4:00 p.m. on Monday, August 10, 2026 will be emailed to the City Council and posted on the Town website.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: Pursuant to HMC Sections 16.16.020 and 16.16.040, a preliminary environmental analysis is conducted during conceptual review of a proposed subdivision. This analysis consists of the Town’s preliminary review of the conceptual plan, the environmental information form submitted by the applicant, and any other environmental issues identified during the conceptual review process.

Based on the preliminary review, it is anticipated that the proposed subdivision may rely on the previously adopted Environmental Impact Report. This determination will be subject to submittal and review of a complete tentative map application, as well as additional memorandum justification.

ATTACHMENT(S):

1. Conceptual Plan

2. 2020 Meadowood Vesting Tentative Map – Page 1
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Per HMC Section 16.16.060, the City Council shall provide preliminary comment on the Conceptual Plan.
-295-
131.5
107.8
108.7
108.9
110.
6 110.8
114.7
108.8
116.9
110.
7 14

1.0 126.5
116.7
126.2
236.8
181.9
129.4
127.7
126.8
125.3
125.0
124.9
125.2
124.8
123.3
123.8
123.4
123.7
123.7
123.4
123.0
123.0
175.8
185.7
135.0
144.2
186.5
137.5
140.8
142.9
177.3
107.0
113.4
120.9
118.9
113.1
109.4
109.0
109.3
109.5
110.9
111.2
111.1
110.7
110.8
110.3
115.5
112.3
115.9
318.7
122.3
123.1
122.8
122.2
122.1
109.8
109.3
109.0
109.8
117.0
116.9
121.3
131.5
140.9
192.4
Dirt Pile
Brush
Brush
Dense Trees
Dirt
Dense Tree
s
Conc.

Dense Trees
Dense Tre
Pool
es
Dense Trees
Dense Trees
Asph.

Dense Trees
Unpaved Road
Dense Trees
Dense Trees
Unpaved Road
Dense Trees
Asphalt
Dense Trees

CRYSTAL SPRINGS ROAD

CRYSTAL SPRINGS ROAD
Dense Trees
Asphalt
Dirt
Concrete
Concrete
Asph.

Dense Trees

CRYSTAL SPRINGS ROAD

TARTAN TRAIL ROAD

LAKEVIEW ROAD
S79°36'13"E 135.99'
S28°02'13"E 79.99'
S12°59'47"W 367.97'
S02°58'13"E 98.99'
S80°41'53"E 144.96'
N09°15'47"E 325.78'
N05°03'47"E 360.99' N04°19'28"W 168.87' N03°26'43"W 196.69' N06°32'17"E 111.43' N00°12'17"E 184.58' N15°36'17"E 99.23' N23°44'32"E 136.24' N30°17'47"E 256.16' N46°57'32"E 206.45'
N45°08'44"E 131.12' N50°55'17"W 544.57'
N45°34'22"E 668.35'
S07°58'56"W 279.27'
S54°40'13"E 210.98'
S10°40'13"E 254.98' S10°34'47"W 128.49' S26°40'13"E 279.98' S26°54'47"W 324.98' LANDS OF CITY & COUNTY OF S.F WATER DEPT
093-132-020

LANDS OF TOWN OF HILLSBOROUGH
038-390-160

LANDS OF FOSTER LIONEL SIDNEY JR TR
038-020-180

LANDS OF GILMARTIN

WILLIAM
038-020-190

LANDS OF RADINE GARY
038-020-200

LANDS OF LAU WAI KEUNG
038-020-210

LANDS OF FANTHAM DEAN F
038-020-220

LANDS OF SAIYA BRIGETTE
M TR
038-020-240

LANDS OF SIN CHING
MAN TR
038-020-230

LANDS OF KUPPER

KONSTANTIN
038-020-250

LANDS OF MARK

JAMISON G
038-020-260

LANDS OF SMITH D

SCOTT TR
038-271-010

LANDS OF THORN
JASON
038-271-020

LANDS OF YEUNG

KELLY SAU MING
038-271-060

LANDS OF

SAKAMOTO KIT S TR
038-271-070

LANDS OF

CHAKALIAN HAGOP
TR
038-271-080

LANDS OF

GUERNSEY

KENNETH L TR
038-273-090

LANDS OF CALLAN
G3 MANAGEMENT
LLC
038-271-090
LANDS OF CITY & COUNTY OF S.F WATER DEPT
093-131-010

PROPOSED LOT LINE
10' SANITARY
SEWER

EASEMENT (E)
10' SANITARY SEWER AND

WATER LINE EASEMENT (E)
40' SAN FRANCISCO PUBLIC

UTILITIES COMMISSION

WATER LINE EASEMENT (E)
208.85'

71.13' 128.49' 254.98'
210.98'
279.27'
668.35'
544.57'
LOT 2
±13.79 AC
LOT 1
±6.28 AC
144.96'

98.99'
135.99'

79.99' 367.97'
324.98'
196.69'
168.87' 360.99'
325.78'
111.43' 184.58' 99.23'
136.24'
256.16'
206.45'
131.12'

CRYSTAL SPRINGS ROAD
243.27'

LANDS OF TOWN OF

HILLSBOROUGH
038-181-310
038-131-150

TARTAN TRAIL ROAD
SITE

CRYSTAL SPRINGS ROAD
x THIS SUBDIVISION WILL CONFORM TO THE STREET TREE PLAN OF THE TOWN OF HILLSBOROUGH.
x MULTIPLE FINAL MAPS MAY BE FILED BASED ON THIS TENTATIVE MAP.x ALL DIMENSIONS DEPICTED HEREON ARE APPROXIMATE AND ARE SUBJECT TO REVISION AT FINAL MAP(S) STAGE.
x TOPOGRAPHY PROVIDED BY BKF ENGINEERS, DATED DECEMBER 4, 2019.x NO WELLS EXIST ON THIS SITE.

GENERAL NOTES
x PROJECT NAME: MEADOWOOD ESTATESx OWNER: CALLAN TRUST
2790 JUNIPERO SERRA BOULEVARD
DALY CITY, CA 94015
x SUBDIVIDER: SAME AS THE OWNERx ENGINEER: HMH ENGINEERS 1570 OAKLAND ROAD
SAN JOSE, CA 95131
TRACY GIORGETTI, RCE #63214
x STREET LOCATION: TARTAN TRAIL ROAD & CRYSTAL SPRINGS ROADx EXISTING ZONING: RD-RESIDENTIAL DISTRICTx EXISTING GP DESIGNATION: RESIDENTIALx EXISTING USE: RESIDENTIALx PROPOSED USE: RESIDENTIALx WATER SUPPLY: TOWN OF HILLSBOROUGHx SEWAGE DISPOSAL: TOWN OF HILLSBOROUGHx ASSESSOR'S PARCEL #(S): 038-121-160, 038-110-160x STREET TREES: ±20.07 ACRESx PUBLIC STREET DEDICATION: ±00.00 ACRESx NET SITE AREA: ±20.07 NET ACRESx PROPOSED LOTS: 2x FLOOD ZONE: NO DESIGNATIONx TITLE REPORT THE TITLE REPORT THAT WAS USED FOR THE

PREPARATION OF THIS MAP WAS PREPARED BY

LAWYERS TITLE, ORDER NUMBER
FLNP-00626000341DATED FEBRUARY 11, 2026

CONCEPTUAL

VESTING

TENTATIVE MAP
OB

AS SHOWN
1 INCH = 100 FEET
0 50 100 200

VICINITY MAP
SCALE: 1" = 500'

PROJECT BOUNDARY
LEGEND
DRAWN BY:PROJECT NO:CAD DWG FILE:CHECKED BY:DESIGNED BY:DATE:SCALE:

C HMH

NO DATE DESCRIPTION

TARTAN TRAIL ROAD
& CRYSTAL SPRINGS ROAD

CONCEPTUAL VESTING TENTATIVE MAP
S:\PROJECTS\747800\PL\TENTATIVE MAP\747800TM.DWG
747800TM.DWG
TM-1
7478.00
OBOB
JULY 6, 2026
PLOTTED: 7/2/2026 3:00 PM
Land Use Entitlements
Land Planning
Landscape Architecture
Civil Engineering
Utility Design
Land Surveying
Stormwater Compliance
1570 Oakland Road (408) 487-2200
San Jose, CA 95131 HMHca.com
RE
E
I
N
GNE

L NA ROFESSIO P DERETS
I
GER

CAL I FORN I A OF ETATS CIVI L
No. 63214

EXISTING EASEMENTPROPOSED PROPERTY LINEEXISTING (E)EXISTING PROPERTY LINE ATTACHMENT 1
-296-
SHEET INDEX:

TITLE SHEETNOTES, LEGEND AND ABBREVIATIONS
1 SITE PLANEXISTING TOPOGRAPHY

EXISTING PARCELS

OPPORTUNITIES AND CONSTRAINTS MAP (OVERVIEW)OVERALL GRADING AND UTILITY PLANMEADOWOOD COURT EXISTING TREES 234586

STONE CREEK WAY EXISTING TREES
7 MEADOWOOD COURT GRADING, DRAINAGE AND UTILITIES PLAN & PROFILE 9 STONE CREEK WAY GRADING, DRAINAGE AND UTILITIES PLAN & PROFILE 10 DATE:

PROJECT:
"MEADOWOOD ESTATES"

20.83 ACRE SITE
CALLAN REALTY CO.

CRYSTAL SPRINGS ROAD & TARTAN TRAIL ROAD

HILLSBOROUGH, CALIFORNIA
DEC 2019

VESTING TENTATIVE MAP
SCALE:
20060173
DECEMBER 4, 2019
DATE:

PROJECT:
"MEADOWOOD ESTATES"

20.83 ACRE SITE
CALLAN REALTY CO.

CRYSTAL SPRINGS ROAD & TARTAN TRAIL ROAD

HILLSBOROUGH, CALIFORNIA
DEC 2019

VESTING TENTATIVE MAP
SCALE:
20060173
DECEMBER 4, 2019
Title Sheet
1 OVERALL SPECIAL STATUS PLANTS PLAN
11 UTILITY COMPANIES:

STORM DRAIN: TOWN OF HILLSBOROUGHSANITARY SEWER: TOWN OF HILLSBOROUGHWATER: TOWN OF HILLSBOROUGHGAS AND ELECTRIC: PG&ETELEPHONE: AT&TCABLE: COMCAST NORTH
NORTH
GRAPHIC SCALE:
0' 120' 60' 180'

SITE CROSS SECTIONS
121314

CONCEPTUAL LOT GRADING AND UTILITY PLAN
15 MEADOWOOD COURT TYPICAL STREET CROSS SECTIONS
16 CONSTRUCTION DETAILSSTONE CREEK WAY TYPICAL STREET CROSS SECTIONS

PROPOSED WATER SYSTEM PLAN
171819

MEADOWOOD COURT OPPORTUNITIES AND CONSTRAINTS MAPSTONE CREEK WAY OPPORTUNITIES AND CONSTRAINTS MAP 20 LOT LAYOUT PLAN
212223

CONCEPTUAL LOT SETBACK PLANCROSS SECTION PLAN OWNER/AGENT STONE CREEK WAY & MEADOWOOD COURT CROSS SECTION EXHIBIT GLADYS A. CALLAN, TRUSTEEC/O AGENT: BRIAN DESLER
2790 JUNIPERO SERRA BOULEVARDDALY CITY, CA 94015
THIS VESTING TENTATIVE MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTIONROLAND N.V. HAGAENGINEER'S STATEMENTIN ACCORDANCE WITH THE 2016 SUBDIVISION MAP ACT AND LOCAL ORDINANCES.R.C.E NO. 43971BKF ENGINEERS DATE
12/04/2019
24 LANDSCAPE PLAN - MEADOWOOD COURT2526

LANDSCAPE PLAN - STONE CREEK WAYHYDROZONE PLAN
-297-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
16 PUBLIC HEARING

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Conceptual Review of the Subdivision of 119 Reservoir Road into Three Parcels and Dedication of Public Utility Easements
SUMMARY: The Town received a Conceptual Plan application to subdivide 119 Reservoir Road into three lots. The proposed subdivision also includes dedication of new five-foot-wide public utility easements.

The property is located near the end of the Reservoir Road cul-de-sac. 119 Reservoir Road is a

5.5 acre parcel that contains a single-family residence, associated landscape features, and a public water line through an existing easement. The proposed subdivision would result in three parcels:

Lot 1: Proposed at 2.12 acres would be vacant and suitable for a future home with independent driveway access off of Reservoir Road.

Lot 2: Proposed at 2.24 acres would maintain the existing home, driveway, and associated landscape features.

Lot 3: Proposed at 0.80 acres would be vacant and suitable for a future home with independent driveway access off of Reservoir Road.

Hillsborough Municipal Code (HMC) section 16.16.020 requires Conceptual Review of all proposed subdivision projects. This preliminary review of proposed subdivisions is intended to facilitate optimum subdivision design, reduce unproductive efforts by all parties, and bring about a better result for applicants, Town residents and the City Council. The process provides a forum for citizens and the City Council to provide preliminary feedback on issues relating to the subdivision’s design and potential environmental issues. This conceptual review is step one in a multi-step subdivision map approval process and does not constitute final approval of the proposed subdivision. Per the California Subdivision Map Act and HMC Sections 16.16.010.B and

16.16.060, a Tentative and Final Parcel map must be submitted to the City Engineer and reviewed by the City Council in advance of any final subdivision approval.

The proposed subdivision meets all requirements of the State of California Subdivision Map Act and the Town’s Subdivision Ordinance for lot design, access, topography and future building site.

While not required, the applicant included a conceptual site plan for both proposed vacant parcels (Lot 1 and Lot 3). Note that the houses are shown in concept only, intended to illustrate that a future new home on the site could meet the minimum development standards required by the -298-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

Municipal Code. The actual design of any future new home would be subject to review and approval by the Town’s Architecture and Design Review Board (ADRB).

The City Engineer notes that the proposed lots would comply with all other applicable subdivision standards, as outlined in HMC Chapter 16.28. Pursuant to HMC Section 16.28.020.B, if future homes are constructed on Lot 1 or Lot 3, the developer would be required to construct new sewer and water service connections to the Town main. The applicant prepared conceptual plans to show these connections to the existing utilities in the street. Prior to tentative map approval, the applicant shall verify the feasibility of the proposed utility connections and evaluate any potential capacity impacts to the Town’s sewer and water systems. The developer would be responsible for paying all applicable development charges, including sewer and water capital fees. Lot 2 would maintain its existing sewer and water service connections.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

Based on the preliminary review and initial study, staff has determined that the applicant shall complete an environmental assessment prior to tentative map approval to determine the appropriate level of CEQA review. If the assessment determines that the proposed action is not exempt from CEQA, the appropriate environmental document shall be prepared to ensure compliance with CEQA.

ATTACHMENT(S): Conceptual Proposed Subdivision Plan
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Per HMC Section 16.16.060, the City Council shall provide preliminary comment on the Conceptual Plan.
-299-
99)5
99)5
8 #

2 #

* #
m

8#
2 #

*#
m
8#

2 #

*# m
8#
2#

*#m
993.
8/3#
/4<#

6/6+

6/6+
993.
8/3#
/4<#

6/6+
)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#
)(
8/3#

/4<#
)(
8/3#

/4<#

)(
8/3#

/4<#

)(
8/3#

/4<#

)(
:)#
8/3#
/4<#

)(
:)#

8/3#

/4<#

)(8/3#

/4<#

)(
:)#

8/3#

/4<#

6/6+
6/6+

6<)
6/6+
6/6+ 6/6+
6/6+ 6/6+
6/6+ 6/6+
6/6+
6/6+
6/6+
)':<
)':<
)':<
:+2
:+2
:+2
:+2
(5;4*'8?°2/4+
6+8°25:°2/4+
'*0;9:3+4:°*5)

(5;4*'8?°2/4+
6+8°25:°2/4+
'*0;9:3+4:°*5)

,5;4*°
/854°6/6+
29°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°

6;(2/)°;:/2/:?
+'9+3+4:

°3'69°
4m =°°°

4m
=°°°°°°°°°°°°°°°°°°°

4 m
+°°°

4 m =°°°

4m =°°°
4 m +°°°
4m
=°°°

4 m +°°°
4 m +°°°

4m =°°°

4
m +°°°
4m +°°°

)5
)5
)5
-3
+3
+(
+(
+(
+(
+(
+(
6+
=<
=3
=3
=3
=3
=<
/)<
/)<
/)<
/)<
/)<
/)<
/)<
/)<
/)<
=3
=<
. ? *
=<
=<
=<
=<
=<
=<
=<
. ? *
=3

5'1
9:;36
5'1
3('?

5'1

')')/'

)5::54=55*
)5::54=55*

)5::54=55*
3:8++

)5::54=55*
:8++
:8++

:8++

:8++

:8++
3:8++
3'-452/'
3,/-

9'3(;);9
8=*

8=*

8=*
5'1
9'3(;);9

3:8++
9'3(;);9 5'1
30;4/6+8

3:8++

:8++

9'3(;);9

9'3(;);9
5'1
5'1
5'1
5'1

6/:5 5'1

62;3
5'1
5'1
9+7;5/'
62;3

9'3(;);9
5'1

5'1

5'1
62;3
5'1
5'1 5'1
5'1

5'1
5'1

5'1

5'1
5'1
5'1

5'1

5'1
)?68+99

6/:5
:8++
5'1
5'1

6/:5
5'1

5'1
5'1

62;3
5'1

5'1

5'1

5'1
5'1 )?68+99

)?68+99
3:8++

:8++
)?68+99
)?68+99
6/4+
6/4+
6/4+

6/4+
6/4+
6/4+
6/4+

5'1

5'1

5'1
5'1
5'1
5'1

5'1

5'1
5'1
5'1
5'1

5'1

5'1
5'1
6/4+
5'1
5'1

5'1

6/4+

5'1 5'1

5'1
5'1

5'1
5'1
5'1
)+*'8
5'1
:8++
:8++
:8++

:8++
5'1

9'3(;);9

3('?
3('?
5'1
5'1
5'1
5'1
5'1
5'1
5'1
5'1
5'1

5'1
5'1

5'1
5'1

5'1

5'1
5'1

3('?
5'1
5'1
5'1

+;)
5'1

+;)
+;) +;)

+;)
+;)

+;)

+;)

+;)
+;)
+;)
+;)
+;)

+;)

+;)

+;) +;)

+;)
+;)
+;)
+;)
+;)
+;)
+;)
+;) +;)
+;)
+;)

+;)

+;)

+;)
+;)

+;)
+;)
+;)
+;)
+;)

+;) +;)

+;)
+;)

+;)
+;)
3:8++
+;)

('?
+;)
+;)

('?
+;)
+;)
+;)

('?
3(;)1+?+

5'1

('?

('?
5'1

5'1
('?

('?

('?
('?

('?
('?

('?

('?

5'1

('?
5'1*+'*

('?
('?
('?
('?
('?
('?
('?

5'1
5'1

(;)1+?+
('?
('?

(;)1+?+
3(;)1+?+
3('?
3('?
('?

('?

(;)1+?+

('?
5'1
5'1
5'1
(;)1+?+

5'1
5'1
(;)1+?+
5'1
('?

(;)1+?+
5'1*+'*

(;)1+?+
(;)1+?+
5'1*+'*

('?

5'1

5'1
5'1
(;)1+?+

5'1

(;)1+?+

62;3
5'1
:8++
5'1

5'1

5'1
5'1

5'1

3+;)
6/4+
+;)
+;)
+;) +;)

+;)
+;)
+;)

+;)

+;)

+;)

6/4+
+;)
+;)
:8++ +;)
+;)
+;)

+;)
+;)
+;)
+;)
+;)
+;) +;)

5'1
5'1

)5::54=55*
+;)

+;)
+;)
+;)

+;)

+;)

+;)
+;)
+;)
+;)
+;)

+;)
3+;)

5'1

5'1

+;)
,8;/:
,8;/:
+;)

+;)

+;)

5'1
+;)

+;)

+;)
5'1
+;)

+;)

+;)
+;)
+;)
+;)

+;)
+;)
+;)

+;)
+;)
+;)
+;)
3+;)

+;)
+;)

+;)
+;)

+;)

+;) +;)
+;)
+;)

+;)

+;)

:8++

+;)
+;)
6/4+
+;)
+;)
9:;36
+;)

+;)

:8++
+;)

+;)

+;)

+;)
+;)
+;)
+;)
+;) +;)

+;)

+;)
+;)

+;)
5'1
5'1
5'1
+;)
+;)
+;)
+;)

6/4+

:8++
3'-452/'
3:8++

5'1

5'1
5'1
5'1
5'1
3:8++
5'1

9'3(;);9
5'1

5'1

9'3(;);9
5'1
5'1

9'3(;);9

)?68+99

)?68+99
')')/'

)?68+99
')')/'

39'3(;);9
5'1

5'1

9'3(;);9

)?68+99
9'3(;);9

9'3(;);9

5'1
)?68+99

:8++
:8++

6/:5
6/:5
6/:5

).+88?

?;))'
:8++
39'3(;);9
5'1
)5::54=55*
:

39'3(;);9
:

:

:

:

:
:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

)5::54=55*
)5::54=55*
)5::54=55*

3
58'4-+
5'1
5'1

9'3(;);9

9'3(;);9

9'3(;);9

5'1
5'1
5'1

3
.'=:.584+
:

99)5
7*8*7;4.774&)

7*8*7;4.774&)

7*8*7;4.774&)

/$1'62)0217,&(//2//&
//$'2&80(17

64)7
$&5(6
/27
0$36
/27
0$36
/$1'62)
72:12)+,//6%2528*+
/$1'62)=+28
/$1'62)-,$
/$1'62)
&8/(%5$52$'75867
/$1'62)
$/3+$<,(/'
+2/',1*6/7'
/$1'62)
$/3+$<,(/'
+2/',1*6/7'
/$1'62)
&8/(%5$52$'75867
54+9:58?
=55*°.5;9+
6552
)56/4-#

6552
.5;9+
6552
.5;9+
2'=4
'96.'2:
*8/<+='?
+*-+°5,°6'<+3+4:
)54)8+:+°);8(
+*-+°5,°6'<+3+4:
-'8'-+
86#

2'=4
=55*°*+)1

)./34+?
)54)8+:+°8522+*°);8(
)54)8+:+°8522+*°);8(
)54)8+:+°8522+*°);8(
-':+
+*-+°5,°6'<+3+4:
+*-+°5,°6'<+3+4:
-':+
)54)8+:+
*8/<+='?
=/:.
8/9+8
=/:.
8/9+8
)54)8+:+°8522+*°);8(

°62'9:/)°,+4)+
)54)8+:+
);8(
)54)8+:+
);8(
)54)8+:+
);8(
-':+

°).'/4°2/41
,+4)+
)54)8+:+
8+:'/4/4-
='22

°=55*°,+4)+
85)1
8+:'/4/4-
='22
9:54+
8+:'/4/4-
='22
,+4)+
).'4-+
86#

9:54+
8+:'/4/4-
='22
)54)8+:+°8+:'/4/4-°='22
)54)8+:+°8+:'/4/4-°='22
)54)8+:+°8+:'/4/4-°='22
)54)8+:+
8+:'/4/4-
='22
-':+
,+4)+
).'4-+
9:54+°8+:'/4/4-°='22
85)1°8+:'/4/4-°='22
)54)8+:+°8+:'/4/4-°='22
=55*°9:+69
)54)8+:+
8+:'/4/4-
='22
*/</4-
(5'8*
(+4).
'8(58
5<+8.+'*
8'/9+*
=55*
*+)1
)'8658:
5<+8.+'*
=55*°9:+69
85)1°8+:'/4/4-°='22
)54)8+:+
8+:'/4/4-
='22

°=55*
,+4)+
=':+8
,5;4:'/4
(;/2*/4-
5<+8.'4-
=/:.
8/9+8
=55*°9:+69
-':+
-':+

°=55*°,+4)+
-':+

°=55*=/8+°,+4)+
/4)/4+8':589
+*-+°5,°6'<+3+4:
)54)8+:+
*8/<+='?
)54)8+:+
);8(
6/22'8°:?6
6/22'8°:?6
659:
659:
659:
659:
-':+ )54)8+:+
-8'<+2
-8'<+2
-8'<+2
9:+69
85)1°:?6

,2

,2

,2

,2

,2

,2

,2

,2

,2

,2

:)

,2

:)

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=
:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=

:=

(=
:=
(=

:=

(=
:=
(=
:=
(=
:=
(=
:=

(=

:=

(=

:59

:=

:=

(=

:=

(=

:=

(=

:=

(=

8

8

99)5
99)5

(
6,1*/(6725<
+20(

(

*$5
1 /27

$&5(6

/27
6)

$&5(6

/27

$&5(6

/27

)5217$*(
352326('/27/,1(6(7%$&.6($6(0(176(;,67,1*+20(6&+(0$7,&)22735,17 /(*(1'
6)
6&+(0$7,&
)22735,17
/27

)5217$*(
/27

)5217$*(

/27)$5 0,1
6)
0$;
6)
:287&&$33529$/3(5

1(7/27$5($$&5(6),567$&5( 6)

6)$&5($*(5(0$,1'(5 6)
6)
0$;)$5 6)
/27)$5 0,1
6)

0$;
6)1(7/27$5($$&5(6),567$&5( 6)
6)$&5($*(5(0$,1'(5 6)
6)
0$;)$5

6)
/27)$50,1
6)

0$;
6)1(7/27$5($$&5(6),567$&5( 6)
6)
0$;)$5 6)
0,10$;)$5&$/&6
6)
6&+(0$7,&
)22735,17
0,1,080/276,=(&$/&8/$7('3(5&+$37(5
+,//6,'(/276,=(
,1,7,$/&$/&8/$7,216)253/$11,1*385326(6$9(5$*(6,7(6/23(3(5&(17$*( 6/23('(16,7<7$%/(&2/801
/2763(5$&5(6/23('(16,7<7$%/(&2/801
$&0,1
/276,=(0,1,080/276,=(
6)352326('/27

6)352326('/27

6)352326('/27
6)0,1,080)5217$*(

352326(')5217$*(/27

352326(')5217$*(/27

352326(')5217$*(/27

0,1/276,=( )5217$*(

5( 51
+ 1 (
(3 76
67$7( 2) &$/,)251 , $
12&
5(1
6 /,&(1 (' $5&+,7(&7
( 9
WHO

ZZZYHUQHUDUFKFRP
QG6W
2DNODQG&$

VKHHW
LVVXHG

(;
352326('68%',9,6,21
3/$1
/2768%',9,6,21

5(6(592,55'+,//6%2528*+&$

$31

;;;;;;
6&$/(

6,7(3/$1
&21&(370$3

-300-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
17 PUBLIC HEARING

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Approving the Grading Permit Application for the Construction of Private Improvements at 2055 Forest View Avenue Pursuant to a Categorical Exemption Under CEQA Guidelines Section 15303
SUMMARY: Pursuant to HMC Chapter 15.24, the proposed construction of private improvements to facilitate construction of a single-family home at 2055 Forest Avenue (“Project”) requires approval of a Category 3 Grading Permit. In accordance with HMC Section 15.24.070, Category 3 grading permits require a public hearing before the City Council. A Category 3 grading permit applies when the proposed grading involves the import or export of more than 1,500 cubic yards of material to or from a site.

The applicant currently holds an active Category 2 Grading Permit for the construction of the Project ( a new home, pool, and associated landscaping). The applicant recently submitted revisions to the approved plans to include a new sports court in the rear yard, with grading quantities triggering a Category 3 Grading Permit.

The combined earthwork quantities for the original project and proposed revisions include approximately 535 cubic yards of cut and 3,070 cubic yards of fill, resulting in a net import of approximately 2,535 cubic yards of earth material. This would require approximately 254 truck round trips, assuming a ten-yard dump truck. The majority of the additional grading is associated with the proposed sports court, which is located at an elevation higher than the existing grade.

While construction for the approved scope has commenced, a majority of the hauling remain. The designated haul route for transportation of earthwork material shall be along Forest View Avenue to El Camino Real.

Pursuant to HMC Section 15.24.070(D), in considering a Category 3 Grading Permit, the City Council shall consider the City Engineer’s report and the following factors: (1) compliance with applicable laws, regulations, and policies; (2) compatibility with the site and neighborhood; (3) the effect upon the neighborhood; and (4) the impact on public health, safety, and welfare.

The Project complies with applicable laws, regulations, and policies, including the Town’s grading and drainage requirements, which are derived from the Hillsborough Municipal Code and the National Pollutant Discharge Elimination System permit. The Project is compatible with the site and neighborhood because the majority of the grading is located at the rear of the property and away from property lines. The Project is anticipated to have a limited effect on the neighborhood because the drainage improvements are designed to treat stormwater and reduce the rate of runoff from the site, the project includes a designated haul route for import material, and a majority of the grading area is contained to one area of the site for the sports court. The Project is required to -301-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

comply with the Town’s construction requirements and is not anticipated to adversely impact public health, safety, or welfare.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: Pursuant to HMC Section 15.24.040.(B), the applicant is required to comply with applicable requirements of the California Environmental Quality Act (CEQA). City staff previously determined that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15303, which exempts single-family residences, and, has conducted biological and geotechnical studies to confirm that none of the exceptions in CEQA Guidelines Section 15300.2 apply
A Notice of Exemption would be filed upon approval of the grading permit.

ATTACHMENT(S):

1. Resolution

2. Conditions of Approval and Construction Plans
PREPARED BY: Natalie Gribben, Deputy Director of Public Works RECOMMENDATION:

1. Open the public hearing and receive public comments;

2. Close the public hearing; and

3. Adopt the resolution approving the grading permit application for the construction of private improvements at 2055 Forest View Ave pursuant to a categorical exemption under CEQA Guidelines section 15303.
-302-
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING THE GRADING PERMIT APPLICATION FOR THE CONSTRUCTION OF PRIVATE IMPROVEMENTS AT 2055 FOREST VIEW PURSUANT TO A CATEGORICAL EXEMPTION UNDER CEQA GUIDELINES SECTION 15303 WHEREAS, the City Council of the Town of Hillsborough (“Town”) reviewed the grading permit application for the construction of private improvements to facilitate construction of a single-family home, at 2055 Forest View Avenue (“Project”); and
WHEREAS, the grading and drainage plans were reviewed and deemed to be acceptable by the Engineering Department; and
WHEREAS, more than an excess of 1,500 cubic yards of earthwork will be hauled onto the site with a significant transfer of 2,535 cubic yards; and WHEREAS, pursuant to Hillsborough Municipal Code (HMC) Section 15.24.040.(B), the applicant is required to comply with applicable requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, CEQA), the Town is the lead agency for the proposed project; and
WHEREAS, Town staff previously determined that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15303, which exempts single-family residences, and has conducted biological and geotechnical studies to confirm that none of the exceptions in CEQA Guidelines Section 15300.2 apply; and
WHEREAS, the City Council’s consideration of this item has been noticed as a public hearing pursuant to the requirements of HMC 15.24.070(B).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby makes the following declarations related to the 2055 Forest View Avenue project:

1. The City Council has reviewed any comments received during the public review process before making its decision on the Project.

2. The Project complies with all other applicable standards and requirements of law.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the Town of Hillsborough hereby:

1. Finds that the recitals set forth above are true and correct and are incorporated herein as substantive findings of this Resolution.

ATTACHMENT 1
-303-
Resolution No. 26-
August 10, 2026
2 2. Approves the grading permit application based on the following findings and authorizes staff to issue the grading permit consistent with the timeframes noted in HMC 15.24.030(C) upon completion of the plans:
a. The City Council has considered the City Engineer’s report and agrees with the recommendation to approve the grading permit application pursuant to the following findings:
i. The City Council finds the Project is consistent with all applicable laws, regulations, and policies because it complies with the Town’s grading and drainage requirements, which are derived from the Hillsborough Municipal Code and National Pollutant Discharge Elimination System (NPDES) permit. The project also complies with any other applicable laws of the Town.
ii. The City Council finds the Project is compatible with the site and the neighborhood as the majority of the grading is located well within the property, away from property lines.
iii. The City Council finds the project will have minimal effect upon the neighborhood because the drainage is designed to reduce the rate of runoff of the site and there is a dedicated haul route for dirt haul. iv. The City Council finds the Project will have no impact on the public health, safety and welfare because the Project shall will comply with the Town’s construction requirements pursuant to Title 15 of the Hillsborough Municipal Code thereby ensuring the public health, safety and welfare is protected.

Mayor of the Town of Hillsborough

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-304-
Public Works Department
Ph. 650-375-7444 |Fx. 650-548-0859 | 1600 Floribunda Ave., Hillsborough, CA 94010 | www.hillsborough.net

TOWN OF HILLSBOROUGH
California
Project Location: 2055 Forest View Ave
Description: NSFD, pool and retaining walls – COAs
Date: August 4, 2026
Permit No.: GRD25-0015
Plans By & Dated: Precision Engineering – 5/16/25, Rev. 6-25-2026 Conditions of Approval
E1. Prior to construction any improvements in the public right of way, applicant shall obtain an encroachment permit.

E2. Prior to grading permit close-out, the owner shall sign and notarize the Operations & Maintenance (O&M) Agreement required for stormwater treatment systems for C.3 regulated projects. A word version is available upon request. Please contact Irfan Aziz at [email protected] to obtain the word version or for any questions.

E3. Contractor shall notify PG&E of any changes to the project scope that fall within the “PG&E Pole Line Easement”.

E4. Prior to permit close-out, contractor shall conduct video inspection on the entire section of existing sewer main from upstream manhole to downstream manhole past property lines. The Contractor shall perform any necessary cleaning and/or repairs within the main and at the connections as directed by Public Works.

The inspection video (Windows media format or equivalent) shall be submitted to the Public Works Department via Forward Lateral for review and approval.

E5. Prior to permit close out, owner shall dedicate a 10 foot wide sanitary sewer easement over the existing sewer main
E6. Following the first year of permit issuance, applicant shall be subject to payment for erosion control fee each September thereafter per the most recently adopted fee schedule at time of payment.

E7. Indemnification: To the fullest extent permitted by law, Applicant shall indemnify, defend with counsel of the Town’s choosing, and hold harmless Town, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) Town's approval of the project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Applicant’s construction, operation, use, or related activity under the Project. This indemnification shall include, but not be limited to, damages awarded against the Town, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, Town, and/or the parties initiating or bringing such proceeding. Applicant shall indemnify the Town for all of Town's costs, attorneys' fees, and damages which Town incurs in enforcing the indemnification provisions set forth in this condition. Applicant shall pay to the Town upon demand or, as applicable, to counsel of Town’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition.

ATTACHMENT 2
-305-
Public Works Department
Ph. 650-375-7444 |Fx. 650-548-0859 | 1600 Floribunda Ave., Hillsborough, CA 94010 | www.hillsborough.net

TOWN OF HILLSBOROUGH
California
Note: The Town of Hillsborough has adopted a grading moratorium from October 1st to April 30th to enforce the National Pollution Discharge Elimination System (NPDES) permit. Exemptions may only be permitted under the discretion of the City Engineer. In order for the Town to issue grading permits prior to the moratorium, the following two conditions must be met. First, grading plans shall be submitted and approved by no later than September 1st. Second, grading mobilization shall commence by September 15th and completion of all grading activities by October 1st. Grading shall occur only between May 1st and September 30th. In rare cases for flat lots, in conjunction with an approved erosion and sedimentation control plan, the City Engineer may approve limited grading outside of this time frame for Category 1 and Category 2 projects. Additional bonding will be required by the City Engineer in granting any exceptions. (HMC 15.24.040-A.9) Applicants that wish to work during the winter period shall adhere to the Town’s requirements. Please call the Public Works Department for more information at (650) 375-7444.
-306-
-307-
-308-
-309-
-310-
-311-
-312-
-313-
-314-
-315-
-316-

FOREST VIEW AVENUE
No. Revisions
ScaleDate
Drawing:

OF
ApprovedMappingJob NoField
147 N 1st Avenue
OAKDALE, CA, 95361
PHONE: (209) 845 9694
WWW.CHAPGEO.COM
GEOMATICS, INC.

CHAPPELL



HILLSBOROUGH COUNTY OF SAN MATEO STATE OF CALIFORNIA 2024076 BJCBJCBJC1"=10'
11/6/2025
2024076TP
11 







-317-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
18 PUBLIC HEARING

CITY COUNCIL MEETING
AUGUST 10, 2026

AGENDA STAFF REPORT
ITEM SUBJECT: Resolution Adopting the Town of Hillsborough 2025 Urban Water Management Plan and Resolution Adopting the 2025 Water Shortage Contingency Plan SUMMARY: The Urban Water Management Planning Act (Act) requires urban water suppliers providing water to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually to update an Urban Water Management Plan (UWMP) at least once every five years and to prepare a Water Shortage Contingency Plan (WSCP). The UWMP is required to be updated and electronically submitted to the California Department of Water Resources (DWR). The 2025 UWMP updates the Town's 2020 UWMP and incorporates the 2025 WSCP as a stand-alone appendix. Staff recommend that the City Council first conduct and close the public hearing, then consider and adopt the WSCP and UWMP in this order by separate resolutions.

BACKGROUND
The Town is an urban water supplier for purposes of the Act because it directly provides potable municipal water to more than 3,000 end users. The Public Works Department prepared the 2025 UWMP and WSCP using the DWR 2025 UWMP Guidebook and information provided by Hillsborough’s Building, Planning and Finance Departments, the San Francisco Public Utilities Commission (SFPUC), the Bay Area Water Supply and Conservation Agency (BAWSCA), and other planning sources.

KEY PLAN FINDINGS
• The Town is 100% reliant on the SFPUC Regional Water System for its potable water supply and does not have reasonable access to alternative water supplies. • SFPUC Normal-Year (non-drought) water supplies are projected to be sufficient to meet the Town’s water demands through 2050.
• The Town’s 2026-2030 drought risk assessment does not project a water supply shortfall under the assumptions used for that five-year period.
• The Bay-Delta Plan Amendment introduces significant risk to the Town’s long-term dry-year water supply. Long-term dry-year shortfalls are possible if the Bay-Delta Plan Amendment is implemented.
• Implementation of the Bay-Delta Plan remains uncertain in light of ongoing voluntary agreement efforts and related litigation.
• The Town’s WSCP considers the UWMP dry-year shortage scenarios and provides six shortage levels and corresponding response actions for droughts, emergencies, and other supply interruptions.
• The Town’s WSCP is an appendix to its UWMP and is considered a stand alone planning document that can be amended separately from the UWMP should that need arise. -318-
Agenda Staff Report – Hillsborough City Council
August 10, 2026

Page 2 ends

Hillsborough City CouncilAugust 10, 2026

Hillsborough City Council
August 10, 2026