San Mateo City Council
June 17, 2024

CITY OF SAN MATEO
City Council Regular Meeting
June 17, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

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

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

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

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

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Monday, June 17, 2024
To join via telephone: (408) 638-0968
Webinar ID: 829 2409 4072 Passcode: 118886
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

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

CEREMONIAL

1. Juneteenth - Recognition

2. Mayor’s Quarterly Hero Award – Flood Free San Mateo

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

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

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

4. City Standard Drawings – Update

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

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

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

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

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

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

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

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

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

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

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

CEQA: This San Mateo Rail Corridor TMA Annual Report review and acceptance is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

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

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

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

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

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

CEQA: This Council action is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies and a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Sections 15378(b)(2); 15378(b)(4).)

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

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

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

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

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

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

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

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

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

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

18. Police Department Trailer Camera Purchase - Change Order

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

CEQA: The General Plan and Housing Element Implementation Plans are not projects subject to CEQA, because it can be seen with certainty that they will not cause a physical change in the environment. (Public Resources Code Section 21065.)

19. Central Recreation Center Self-Help for the Elderly – Lease Amendment Adopt a Resolution to approve an alternative purchasing method; approve a lease amendment to extend the term of the lease with Self-Help for the Elderly for the use of Central Recreation Center; authorize the City Manager to execute the lease amendment in substantially the form presented.

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

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

CEQA: These classification updates are not subject to CEQA, because they will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

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

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

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

Appoint Adam Klafter to the Planning Commission for a full-term beginning June 17, 2024, through June 10, 2028, and place Dianne Whitaker and Jennifer Kim on the eligibility list for six months, should another vacancy on the Commission occur.

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

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

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

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

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

23. Downtown Business Improvement Area – Annual Renewal Adopt a Resolution to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2024-25.

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

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

CEQA: The Ordinance to establish a by-right residential overlay district and reclassify parcels with the overlay district (“project”) is exempt from further environmental review because the Project is consistent with the land use designation for the sites adopted as part of the General Plan 2040 for which an EIR was certified.

25. 1528 S. El Camino Real - Zoning Map Amendment and Modifications to an Existing Mixed-Use Building (PA-2023- 057)
Introduce an Ordinance to approve a Zoning Map Amendment to rezone a portion of the site at 1528 El Camino Real from R3 to C2-1/R4; and adopt a Resolution to approve the Site Plan and Architectural Review (SPAR) for interior changes and modifications to the conditions of approval for an existing mixed-use building to replace ten (10) live-work units with ten (10) residential units; and determine the project is exempt from the California Environmental Quality Act pursuant to Section 15183, based on the Findings for Approval and subject to the Conditions of Approval.

CEQA: In accordance with California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), the zoning map amendment from R3 to C2-1/R4, the interior changes to the building and the modifications to the conditions of approval are exempt from further environmental review because the project is consistent with the development density established by the General Plan policies for which an Environmental Impact Report (EIR) was certified on March 18, 2024

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26. Fiscal Year 2024-25 Operating and Capital Budgets and Gann Appropriations Limit Adoption and Fiscal Years 2024-29 Capital Improvement Program – Approval
Adopt Resolutions to approve the fiscal year 2024-25 operating and capital budgets, the 2024-29 Capital Improvement Program and the fiscal year 2024-25 Gann appropriations limit.

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

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

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

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

WATCHING A MEETING ON TV:

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

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

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
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www.cityofsanmateo.org/publicmeetings
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https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

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

During the meeting
By Zoom:

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

By telephone:

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

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

ACCESSIBILITY:

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8698 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Citywide Custodial Services – Amendment
RECOMMENDATION:

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

BACKGROUND:

The Fleet and Facilities Division of Public Works contracts with Imperial Maintenance Services, Inc. (Imperial) to perform scheduled cleaning of City facilities, keeping them in good condition for both staff and members of the public.

In February 2018, a three-year service agreement was awarded by City Council to Imperial for Citywide Custodial Services with an annual not-to-exceed amount of $747,600. The approval also allowed for five (5) optional annual extensions of the service with annual increases to the budget.

Since the execution of the 2018 agreement, Amendments 1 and 2 were approved and executed to adjust the term of the agreement to align with fiscal year end and set minimum wage requirements to align with the City’s minimum wage ordinance instead of the State’s minimum wage requirements. Amendments 3 through 6 were approved and executed to provide four of the five optional annual term extensions, add annual funding to the agreement, include additional cleaning services for new buildings, and account for annual Consumer Price Index (CPI) increases.

Amendment No. 7 will execute the last optional annual term extension through June 30, 2025 and increase the scope of work to include services for the future Wastewater Treatment Plant administration building. The amendment includes a

3.8% CPI increase to the annual fee, which establishes an annual total not-to-exceed amount of $1,048,870.97 for a total agreement amount not to exceed $6,420,635.22. In addition, Amendment No. 7 includes Juneteenth (June 19th) as a City- observed holiday. Based on the above, staff recommends Council approval of Amendment No. 7.

BUDGET IMPACT:

The Amendment No. 7 increase of $1,048,870.97 includes an annual base fee of $943,983.87 plus up to $104,887.10 for performance-based compensation. Funding for custodial services is included in the annual operating budgets for each department that utilizes City facilities.

ENVIRONMENTAL DETERMINATION:

This Amendment is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,

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mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 7

STAFF CONTACT
Derek Bahamondes, Building Maintenance Supervisor
[email protected]
650-522-7355
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287

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

BETWEEN THE CITY OF SAN MATEO AND
IMPERIAL MAINTENANCE SERVICES, INC. FOR

FOR CUSTODIAL SERVICES
This Amendment is made and entered into this day of ____________, by and between the CITY OF SAN MATEO (“CITY”), a municipal corporation existing under the laws of the State of California, and IMPERIAL MAINTENANCE SERVICES, INC. (“CONTRACTOR”).

WHEREAS, in February 2018, CITY and CONTRACTOR entered into an agreement for custodial services at CITY facilities for an initial term of three-years, with five optional annual extensions; and WHEREAS, CITY and CONTRACTOR have executed Amendment Nos. 1 through 6 which included adjusting the agreement term, setting minimum wage requirements, exercising optional extensions, expanding the scope of services to include additional CITY facilities, and adding compensation related to the expanded scope of services as well as to account for Consumer Price Index increases; and WHEREAS, CITY and CONTRACTOR wish to amend the Agreement, effective July 1, 2024, to exercise the final one-year extension in an amount not to exceed $1,048,870,97, for a new total agreement amount not to exceed $6,420,635.22, which includes an increase in the scope to include the Wastewater Treatment Plant Administration Building, and an increase in the annual fee to account for a 3.8% Consumer Price Index.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – “Term” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on January 31, 2018, and conclude on June 30, 2025.”

2. Section 5 – “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of payment requested upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in the amount not to exceed $6,420,635.22.

For fiscal year 2024-2025 (July 1, 2024 to June 30, 2025), a maximum annual compensation shall not exceed of $1,048,870.97, pursuant to rates stated in Exhibit B, attached and incorporated by reference. The maximum annual compensation amount includes a performance based compensation factor.”

3. Exhibit A – Scope of Services, Part I – Section 1: General Information/Locations, 10.0 Holiday Schedule is amended to add Juneteenth on June 19th as a City Observed Holiday.

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Contract Amendment Page 2 of 4
CAO Approved March 2024
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2 0
3 4. Exhibit A – Scope of Services, Part II - Section 1: Specific Scope of Work by Location is amended to add cleaning services for the Wastewater Treatment Plant New Administration Building, inclusive of cleaning of Offices, Locker Rooms, Restrooms, Showers, Labs, Kitchenettes, Conference Rooms, Break Rooms, Lunchrooms, Patios, Common Areas, etc. as further defined in Exhibit A1, attached and incorporated by reference.

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

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Contract Amendment Page 3 of 4
CAO Approved March 2024
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2 0
3 IN WITNESS WHEREOF, CITY OF SAN MATEO and IMPERIAL MAINTENANCE SERVICES, INC. have executed this Amendment on _____________.

CITY OF SAN MATEO IMPERIAL MAINTENANCE
SERVICES, INC.

Matthew Fabry
Director of Public Works
Date Alfonso Solis
Its Authorized Agent
CEO
Date

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

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Contract Amendment Page 4 of 4
CAO Approved March 2024
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3 Exhibit A1
Additional cleaning services for the new Wastewater Treatment Plant Administration Building JANITORIAL SERVICES W/ PAPER SUPPLIES 5 DAYS / WK $2,977.68

TRASHES

DUSTING SURFACES

VACUUM CARPET

DAMP MOPPING TILE
RESTROOMS/LOCKER: SHOWERS / SINKS / TOILETS / URINALS / MIRRORS

OFFICES

CONFERENCE ROOMS

BREAK ROOMS / LUNCH ROOMS / PATIOS

KITCHENETTES

SPOT CLEAN ENTRY / OFFICE GLASS
ANNUAL SPECIAL SERVICES: ($0.46 SF) 11,488 SF
FLOORS / CARPETS / WINDOWS $436.68

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8738 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

City Standard Drawings – Update
RECOMMENDATION:

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

BACKGROUND:

The City’s Standard Drawings serve as essential standards for the development, construction, and maintenance of public infrastructure within the City. These drawings cover critical aspects such as streets, sidewalks, stormwater and sewer infrastructure, streetlights, and traffic signage/striping. The majority of the existing Standard Drawings were updated more than 20 years ago, prompting a necessary review to align with industry best practices, technical advancements, and regulatory requirements.

City staff initiated a targeted review of the existing City’s Standard Drawings to assess and identify necessary updates. This review included a comparative analysis of standard drawings from neighboring municipalities, including South San Francisco, Redwood City, Millbrae, Menlo Park, San Carlos, Belmont, and Marin County. This benchmarking exercise provided insight into regional practices in public works design and helped staff identify areas where the City’s Standard Drawings could be improved or streamlined.

The updated and new standard drawings, as shown in Attachment 2, have been subjected to substantial review by City engineering staff. Details regarding the updated and new standard drawings are summarized below:

Updated Standard Drawings:
•Trench Detail (Nos. 153A-153E)
•Asphalt Speed Cushion (No. 156)
•Typical Electrolier Details (Nos. 160A-160G)
New Standard Drawings:
•Pavement Restoration (Nos. 153F-153H)
•Pavement Markings for Stop Controlled Intersection Approach with Marked Crosswalk (No. 260) •Typical Sign Post Installation (No. 261)
DISCUSSION:

Trench and Pavement Restoration Details (Nos. 153A-153H): On February 3, 2023, staff provided City Council with an update regarding the City’s Pavement Management Program. Staff informed City Council that staff would bring forth an

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CITY OF SAN MATEO
updated trench details as an additional strategy to extend pavement life. The updated trench details proposed also include specific details for various types of trenches as further described below:
•Typical Trench – This trench type is typically used by water, sewer, stormwater, and gas utilities. Details have been added to provide direction for streets with concrete road sections in addition to the typical asphalt streets. •Microtrench – In 2021, the California Legislature approved SB 378, the “Broadband Deployment Acceleration Best Practices Act of 2021.” As part of this legislation, local agencies are required to allow “microtrenching” for the installation of communication fiber. Microtrenching as defined by SB 378, is a “narrow open excavation trench that is less than or equal to four inches in width and not less than 12 inches in depth and not more than 26 inches in depth.” In order to comply with SB 378, staff have prepared a new microtrench detail to include in the City’s Standard Drawings.
•Rockwheel Trench – These trenches are excavated via a “rockwheel” (large, toothed metal wheel) and are used by electrical and communication utilities. These trenches are narrow and a maximum of six inches wide. •Pothole – Potholes are performed by contractors to determine the size, location, and depth of existing underground utilities. Potholing is performed prior to excavation to ensure the proposed excavation work will not damage or conflict with existing underground utilities. Details have been added to clarify restoration requirements for potholes.
•Pavement Restoration Details – Pavement restoration details are proposed to clarify the extent of pavement replacement after a trench is excavated. These details are critical for restoring pavement surfaces to their intended condition following excavation and ensure that the quality, durability, longevity, and safety of City streets are maintained.

These details will be applied on all excavations within the City including: the City’s capital improvement projects, third- party encroachment permit work (largely by utility companies), and development projects. Doing so requires that all parties contribute to the preservation of the City’s largest asset – its streets. This supports a reduction in the amount of paving that the City must do to achieve its pavement condition goals.

Staff have assessed the fiscal impacts of the proposed updates to the City’s Standard Drawings applicable to residents, developers, and utilities. Resident impact primarily stems from sewer or water lateral replacements, with an estimated overall increase in costs of 5% in such replacements. Developers are expected to experience minimal impact, as they typically are required to implement significant pavement restoration as part of their Conditions of Approval. Although precisely quantifying impacts on utilities proves challenging due to the varying scopes of their projects, staff have concluded that project costs are likely to rise by 3% to 6%. The City can expect a similar increase in project costs for utility projects encompassing sewer, stormwater, and streetlight improvements. Updated City Standard Drawings will be incorporated into all forthcoming City projects two weeks after resolution adoption.

Asphalt Speed Cushion (No. 156): The Asphalt Speed Cushion standard plan has been updated to remove reference to outdated versions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and updates the speed cushion design to align with the Institute of Transportation Engineer’s recommended best practices for speed cushion installation.

Typical Electrolier Details (Nos. 160A - 160G): During the design process for the High Voltage Street Light Conversion program, it was identified that the standard detail for Typical Electrolier Installation with Direct Burial Secondary Service for streetlight infrastructure installation no longer aligned with current best practices. This standard detail is proposed to be replaced with seven new detail sheets that outline the current best practices for electrolier installation.

Pavement Markings for Stop-Controlled Intersection Approach with Marked Crosswalk (No. 260): In an effort to enhance pedestrian safety, the City has standardized implementation of a separate delineation between where vehicles must stop, also called a “stop bar,” and the crosswalk. Previously, the crosswalk markings were able to both delineate the location for pedestrians to cross as well as function as a stop bar. The newly recommended standard detail establishes a requirement to install a separate stop bar and no longer allow for the crosswalk to also function as a stop bar, thereby providing additional space between stopped vehicles and crossing pedestrians. Doing so increases pedestrian visibility at intersections.

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CITY OF SAN MATEO
Typical Sign Post Installation (No. 261): With over 15,000 signs in the City, efforts to replace signs occur frequently and for a variety of reasons – to meet regulatory requirements for retroreflectivity, to update per language requirements for clarity and safety reasons, and to replace when signs and posts have been knocked over. As such, developing a standard detail for sign post installation is recommended as it defines the City’s preferred installation method and material when these various scenarios arise that require the post to be replaced. Guidelines for the signs installed on these posts are contained in State-approved documents such as the CA MUTCD. As such, a standard detail for the signs themselves are not needed.

BUDGET IMPACT:

This action will have no impact on budget as it is an administrative item that updates City Standards. Future City projects will incorporate the appropriate Standard Details and construction costs budgeted accordingly.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Standard Drawings Updates

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
UPDATING THE CITY’S STANDARD DRAWINGS FOR CONSTRUCTION
WHEREAS, San Mateo Municipal Code Secꢀon 23.48.040 provides that all revisions of standard specificaꢀons for public works construcꢀon may be made by resoluꢀon of the Council; and WHEREAS, the City’s Standard Drawings are important standards for development, construcꢀon, and maintenance of public infrastructure within the City; and WHEREAS, the majority of the exisꢀng City’s Standard Drawings were last updated over 20 years ago, and substanꢀal changes in technology, materials, and regulatory standards have since occurred that necessitate revisions to the City’s Standard Drawings; and WHEREAS, City staff have undertaken a comprehensive review of the exisꢀng Standard Drawings, including a comparaꢀve analysis of standard drawings from neighboring municipaliꢀes, which provided valuable insight into regional best pracꢀces in public works design; and WHEREAS, the proposed update to the City’s Standard Drawings is aꢁached hereto as Exhibit A.

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

1. Adopꢀon of the Standard Drawings is not an acꢀon subject to CEQA, because it is an organizaꢀonal or administraꢀve acꢀvity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Secꢀon 15378(b)(5).)

2. The City’s Standard Drawings aꢁached as Exhibit A and incorporated by reference are hereby approved and adopted as the City’s minimum standards, specificaꢀons, and regulaꢀons for the construcꢀon of public works improvements in the City of San Mateo.

3. Nothing in this resoluꢀon shall be deemed to limit the authority of this Council, or any commission, board, or officer of the City to require higher or different standards as may otherwise be duly authorized or required.

4. The Director of Public Works is authorized to sign the revised and new drawings in Exhibit A as approved.

5. This resoluꢀon shall go into effect on July 1, 2024.

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Exhibit A

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CONDUIT ZONES
20" - 26" (IF CONFLICTS ARE PRESENT, SEE ZONE 2)
16" - 20" (IF CONFLICTS ARE PRESENT, SEE ZONE 3)
12" - 16"
NOTES:

1. MICROTRENCHING SHALL ONLY BE USED TO INSTALL TELECOMMUNICATION CONDUITS IN ASPHALT CONCRETE ROADWAYS.

2. MICROTRENCHING IS NOT ALLOWED ON OR THROUGH CONCRETE BASE STREETS, SIDEWALKS, PARKWAYS, CURBS, GUTTERS OR LATERALS UNLESS APPROVED BY THE CITY.

3. CONTRACTOR SHALL IDENTIFY ALL EXISTING UTILITIES, INCLUDING SERVICE CONNECTIONS, IN THE FIELD.

CONTRACTOR SHALL POTHOLE ANY CROSSING UTILITY OR PARALLEL UTILITY (INCLUDING LATERALS) WITHIN 18-INCH OF

PROPOSED ALIGNMENT TO
IMMEDIATELY BACKFILLED.

A DEPTH OF 6-INCHES BELOW THE BOTTOM OF THE MICROTRENCH. POTHOLES SHALL BE

4. "T" CUT SHALL CONSIST OF REMOVEAL AND REPLACEMENT WITH HOT MIX ASPHALT OF FULL DEPTH OF THE ASHALT CONCRETE.

5. THE EDGE OF THE MICROTRENCH SHALL HAVE A 2' MINIMUM HORIZONTAL CLEARANCE TO THE LIP OF GUTTER OR FACE OF CURB WHERE NO GUTTER EXISTS.

6. WHERE THE "T" CUT EDGE IS WITHIN 3' OF THE ADJACENT CURB OR GUTTER, THE "T" CUT SHALL BE EXTENDED TO THE ADJACENT CURB OR GUTTER.

7. UP TO TWO (2) VERTICALLY STACKED CONDUITS CAN BE PLACED WITHIN A MICROTRENCH. AT THE DISCRETION OF THE CITY ENGINEER, AN ADDITIONAL CONDUIT SHALL BE PLACED ABOVE THE APPLICANTS CONDUITS, FOR USE BY THE CITY.

8. CONDUITS MUST BE PLACED IN ZONE 1 FIRST. IF THERE ARE CONFLICTS PRESENT, THEN ZONE 2 MAY BE UTILIZED. ZONE 3 CAN BE USED ONLY IF THEY ARE CONFLICTS PRESENT IN BOTH ZONES 2 AND 3.

9. THE CONDUIT SHALL BE INSTALLED AT A MINIMUM DEPTH OF 12-INCHES BELOW THE EXISTING AC PAVEMENT SURFACE.

10. ALL MICROTRENCHES SHALL BE IDENTIFIED WITH A METAL IDENTIFICATION TAG LISTING THE OWNER, YEAR OF CONSTRUCTION, AND INCLUDE THE WORDS "NOT A SURVEY POINT". IF THE WORK IS MORE THAN 50' IN LENGTH, PLACE THE TAG NEAR EACH END OF THE MICROTRENCH AND AT INTERVALS NOT EXCEEDING 50'.

11. ALL STRIPING OR SIGNAGE DISTURBED BY THE PROJECT SHALL BE RESTORED TO CITY STANDARDS.

12. PRIOR TO FINISHING THE WORK DAY, OPEN TRENCHES SHALL BE PLATED OR BACKFILLED AND PAVED WITH HMA.

13. ASPHALT TYPE SHALL MATCH EXISTING ASPHALT. IF TYPE A, HOT MIX ASPHALT SHALL MEET 2010 CALTRANS STANDARD SPECIFICATIONS SECTION 39 (15% RAP).

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ASPHALT SPEED CUSHION

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TYPICAL ELECTROLIER DETAILS

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TYPICAL CONDUIT SECTION

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TYPICAL PULL BOX DETAILS

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TYPICAL UNDERGROUND SERVICE CONNECTION DETAIL

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”
”

FUSE AND FUSE HOLDERS SPECIFICATIONS FOR

STREETLIGHT CIRCUITS

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TYPICAL UNMETERED CIRCUIT LAYOUT

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PAVEMENT MARKINGS FOR STOP CONTROLLED

INTERSECTION APPROACH WITH MARKED CROSSWALK

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TYPICAL SIGN POST INSTALLATION

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 26-3111 File ID: 24-8765 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 17, 2024
SUBJECT:

Technical Planning Services for Fiscal Year 2022-2023 – Agreement RECOMMENDATION:

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

BACKGROUND:

On July 18, 2022, the City Manager approved a one-year contract with Good City Company to provide professional planning services for Fiscal Year (FY) 2022-23 with a not to exceed amount of $99,000. In FY 2022-23, due to staff shortages and major initiatives on the Department’s workplan, the actual costs for FY 2022-23 were $130,663.75.

Specifically, the Planning team lost three planners towards the end of this contract period while continuing with major workplan items, such as the General Plan Update, Housing Element Update, and other projects and policy initiatives, as well as planning application and permit processing. To reflect accurate costs of services provided in FY 2022-23, a new contract is required.

Pursuant to San Mateo Municipal Code Section 3.60.050(b), the City may use any purchasing procedures approved by the City Council, if it makes a finding concurrent with the award of the contract that the procedures are in the best interest of the City (Attachment 2). This agreement is for services already rendered that were related to an existing vendor who had the technical knowledge to continue providing services for specialized projects. Thus, staff recommends approval of the fiscal year 2022-23 agreement (Attachment 1) in an amount not to exceed $31,663.75 is in the City’s best interests.

BUDGET IMPACT:

The Community Development Department absorbed all additional costs related to this action within its budget for fiscal year 2022-23, with funding for the work coming from the Advanced Planning Fund and Construction Services Fund, depending on the specific services rendered. As such, no additional budget appropriation is needed.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

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Att 2 - Agreement with Good City Company for Fiscal Year 2022-23

STAFF CONTACT
Manira Sandhir, Planning Manager
[email protected]
650-522-7203

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0 CITY OF SAN MATEO
RESOLUTION NO. (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH GOOD CITY COMPANY FOR PLANNING SERVICES RENDERED FOR FISCAL YEAR 2022-23
WHEREAS, the City of San Mateo entered into a one-year contract on July 18, 2022 with Good City Company to provide professional planning services; and
WHEREAS, the City’s original contract was for $99,000 and actual services rendered amounted to a total of $130,663.75, resulting in a $31,663.75 difference, due to staff shortages and major initiatives on the Community Development Department’s workplan; and
WHEREAS, the City requests additional contract authority from City Council in an amount not to exceed $31,663.75 for services rendered in fiscal year 2022-23; and WHEREAS, Municipal Code Sections 3.60.050(b) provides that exceptions to the City Council award procedures are possible if the Council makes a finding concurrent with the award that calling for bids for that particular agreement is impracticable, unavailing, or impossible; and WHEREAS, City staff recommends approval of the additional agreement with Good City Company for services rendered in 2022-23 in an amount not to exceed $31,663.75.

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

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

2. Pursuant to Municipal Code Section 3.60.050(b), calling for bids would be impracticable, unavailing, or impossible because Good City Company has already rendered services for fiscal year 2022-23.

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5 AGREEMENT WITH GOOD CITY COMPANY

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

PLANNING TECHNICAL ASSISTANCE SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and GOOD CITY COMPANY, a Corporation (“CONSULTANT”), whose address is 1351 Laurel St, San Carlos, CA 94070.

RECITALS:

A. CITY desires certain planning services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

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5 SECTION 4 - TERM
The term of this Agreement is from July 1, 2022 to July 31, 2024.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $31,663.75, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

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

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

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

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

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

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

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

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

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

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

To CITY: Alex Khojikian
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Good City Company
Attn: Aaron Aknin, Principal
1351 Laurel St
San Carlos, CA 94070
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

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5 IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Agreement the day and year first above written.

Attachments:

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

CITY OF SAN MATEO CONSULTANT
Alex Khojikian
City Manager
Date Aaron Aknin
Its Authorized Agent
Principal
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date

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SCOPE OF SERVICES
Provide technical assistance and planning support services, including:

1. Serve as a resource to staff for questions related to planning and land use best practices

2. Serve as a resource to staff for questions related to policy development

3. Provide specialized technical assistance to staff related to community outreach and other aspects of the General Plan Update

4. Provide specialized technical assistance related to transportation planning and transportation policy development

5. Provide development application technical support services to staff

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FEE RATES
•Director/Principal $235/hour
•Principal Planner/Planning Managing $195/hour
•Economic Development Director $200/hour
•Chief Building Official $145/hour
•Senior Planner/Project Manager $160/hour
•Associate Planner $130/hour
•Assistant Planner $105/hour
•Planning Technician $85/hour
•Marketing Specialist/Graphic Designer $85/hour
•Administrative Assistant $70/hour

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INSURANCE REQUIREMENTS

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

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

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

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

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

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

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

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

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Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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

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

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

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

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8627 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Caltrans 82/ECR Roadway Rehabilitation Upgrade Project – Agreement RECOMMENDATION:

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

BACKGROUND:

The California Department of Transportation (Caltrans) is preparing for a street rehabilitation project along El Camino Real encompassing the cities of Millbrae, Burlingame, Hillsborough, and San Mateo. The project is currently in the design and coordination phase and is anticipated to begin construction in 2025. The scope of work includes full roadway rehabilitation, improvements to drainage and localize flooding, and upgrades to existing curb ramps and sidewalks.

Typical of roadway improvement work, utility covers, manhole lids, and valve covers need to be adjusted to meet the final elevation/grade of the street once improvements are complete. Caltrans has identified 27 manhole grade conflicts within the City of San Mateo limits, summarized in Attachment 3 – Manhole Quantity Table, along El Camino Real between E.

Santa Inez Avenue and Peninsula Avenue.

Caltrans wishes to enter into agreement with the City of San Mateo and be granted the authorization to make physical adjustments in the field. Therefore, staff is making a recommendation for approval of the agreement.

BUDGET IMPACT:

There is no expected budget impact to the City. Caltrans will be assuming all costs associated with the adjustment of utility manhole covers for their project.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS

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CITY OF SAN MATEO
Att 1 - Proposed Resolution
Att 2 - Agreement
Att 3 - Manhole Quantity Table

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

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1 0
3 3
9 CITY OF SAN MATEO
RESOLUTION NO. __ (2024)
APPROVING CALTRANS’S COVER AGREEMENT FOR MANHOLE ADJUSTMENTS WHEREAS, the City of San Mateo (Owner) owns, operates, or maintains underground utility facilities in the State of California; and
WHEREAS, the State of California, acting by and through the Department of Transportation (Department) has identified 27 manhole utility conflicts within the project boundaries for the City of San Mateo; and
WHEREAS, the Department, in order to facilitate the planning, design and construction of the Department’s projects, manhole and valve cover adjustments need to be made; and WHEREAS, the Department is willing to assume control of the operation and cost of such adjustments to certain manhole and valve covers in order to facilitate the Department’s project needs from time to time as provided herein.

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

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

2. The foregoing recitals are true and correct.

3. The Cover Agreement (“California Department of Transportation (Caltrans) Exhibit 13-EX-04 (New xx/2022)”) is hereby approved.

4. The Public Works Director is authorized to sign and execute said Cover Agreement in substantially the form attached to the staff report on behalf of the City.

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STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT COVER AGREEMENT 13-EX-04 (NEW xx/2022)

Date: ______________________________
PARTIES:

1. State of California, acting by and through the Department of Transportation (“Department”). “Department” includes the Department, its officers, agents, employees and contractors.

2. ________________________________________________________________ (“Owner”). “Owner” includes the Owner, its officers, agents, employees and contractors.

RECITALS:

A. Owner owns, operates or maintains underground utility facilities in the State of California.

B. In order to facilitate the planning, design and construction of Department’s projects, to ensure the safety of the traveling public, and to ensure the continuity of the roadway/highway, manhole and valve cover adjustments need to be m ade on a routine basis. Utility owners may or may not be responsible for the cost of performing such adjustments , depending upon the liability determination made by the Department, with the cost of such activities allocated as provided by California law, contracts and the Department’s policies.

C. The Department frequently needs to adjust said manhole and valve covers more expeditiously than Owner can readily or economically accomplish.

D. Department is willing to assume control of the operation and cost of such adjustments to certain manhole and valve covers in order to facilitate the Department’s project needs from time to time as provided herein.

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. This Agreement for the Adjustment of Manhole and Valve Covers (“Agreement”) is made and executed by the parties hereto in connection with the provisions of Sections 680.5 and 707.5 of the California Streets and Highways Code. This Agreement shall exclusively govern the determination of the obligations and costs to be borne by each party hereto in regard to work described herein in lieu of determination in connection with and under the provisions of Sections 673, 680 and 700 to 707, inclusive, of said Streets and Highways Code, as now or hereafter existing, or under any other la ws applicable to said subject matter.

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EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW xx/2022)

2. This Agreement shall apply throughout the State of California to all of the Department’s projects and related activities and to all of the Owner’s manhole and valve covers . With regard to any other agreements or parti es, this Agreement is not intended to, and shall not, establish any precedent, principle, rule or guide to interpretation.

3. For purposes of this Agreement, manhole and valve cover adjustment is limited to the following: adjusting manhole frames and covers, replacing existing manhole frames, and adjusting manhole rings, valve covers and meter boxes.

This Agreement does NOT include the adjustment to grade of gas, electric or telephone vaults, or any other utility facility not mentioned in this agreement.

4. In the event that the Department initiates a project and the Department determines that some of the Owner’s manhole and valve covers are in physical conflict with Department’s highway project, the Department shall issue a conflict letter (“Conflict Letter”) to the Owner that (a) identifies the manhole and valve covers that are in physical conflict with Department’s highway project and (b) includes a document (the “Reply”) in which the Owner will designate the manhole and val ve covers that the Owner agrees to be responsible to adjust. The Owner shall adjust the manhole and valve covers for which it agreed to be responsible within the Department’s project scheduling and other requirements. Owner shall return the Reply to the Department within 30 days of receipt of the Conflict Letter. The Department is authorized to adjust only the manhole and valve covers that are not designated by Owner as those for which the Owner is responsible. The work to be performed under this Agreement is expressly limited to the work required to adjust the manhole and valve covers that are listed in the Conflict Letter, and the Reply shall not and cannot expand the list of manhole and valve covers.

5. Notwithstanding the other terms of this Agreement, the Department may, at its sole option, elect to NOT adjust -to-grade manhole and valve covers that do not satisfy Caltrans standard specifications, as amended from time to time (including without limitation manhole and valve covers that do not use standard rings or covers).

6. This Agreement does not apply to the relocation, rearrangement, removal or protection of utility facilities.

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EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW xx/2022)

7. All existing manhole and valve covers will be reused unless the manhole or valve cover requires replacement. Replacement of manhole and valve covers with ancillary parts must meet Buy America compliance by the Department’s contractor. The Department’s contractor is to provide Buy America replacement manhole and valve covers per Owner’s specifications in response to the Cover Adj ustment to Grade letter 13 -EX-08. If no specifications are provided to the Department by Owner in the reply, the Department’s contractor is authorized to use a general specification attached to the Cover Adjustment to Grade letter 13-EX-08.

8. All work under this Agreement shall be preceded by the delivery of a written Notification to Owner (“NTO”) by the Department to the Owner. The Department shall list the manhole and valve covers that the Department is authorized to adjust pursuant to the Reply, and the Department will identify the manhole and valve covers that it elects to adjust. If the Department elects to not adjust manhole and/or valve covers which the Owner authorized the Department to adjust pursuant to the Reply, then the Owner shall be responsible for the adjustment of those manhole and valve covers in accordance with the provisions of the NTO, and the Owner shall allocate sufficient staff and resources to meet all of the schedules established for the project design and construction work.

9. Following receipt of the Cover Adjustment to Grade letter 13-EX-08, the Owner shall provide confirmation regarding the identity and typical characteristics (including size, material, contents, pressure or capacity) of Owner’s utility facility and related activitie s, including, but not limited to, inspection services at no expense to the Department, in accordance with the Department’s time schedule. Owner to provide its written confirmation to the Department within 30 days of the date that they receive the Cover Adjustment to Grade letter 13- EX-08.

10. When manhole and valve cover adjustment work is performed by the Department under this Agreement, the cost of the work shall be borne by the Department. When manhole and valve cover adjustment work is performed by the Ow ner under this Agreement, the cost of the work shall be allocated according to the liability determination made by the Department.

11. The Department may perform its work under this Agreement or it may perform the work through the services of a third-party contractor.

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EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW xx/2022)

12. It is intended that all work under this Agreement performed by the Department shall be performed using the contractors that are acceptable to the Department. Owner grants to Department, immediately upon receipt of the NTO and in accordance with the Department’s time schedule, permission to perform manhole and valve cover adjustments within Owner’s private rights of way and facilities, wherever located. Owner retains the right to require reasonable controls and restrictions provided such items are set forth in writing and delivered to the Department (in response to Cover Adjustment to Grade 13-EX-08 letter) at least 30 days from the receipt of the 13-EX-08 letter. a) As part of this Agreement, Owner shall submit, in writing, its preli minary specifications for the adjustment of manhole and valve covers to grade to the Department.
b) Owner will approve , in writing, the Department’s final specifications for the adjustment of manhole and valve covers to grade.

13. Owner shall have access to all p hases of the work to be performed by the Department for the purpose of inspection in order to ensure that the work being performed for the Owner is in accordance with the specifications contained in the highway contract, provided such access is made at no cost to the Department. Owner will be notified by the Department’s Resident Engineer to schedule a final field inspection per the Department’s Notice to Owner.

14. Upon completion of the work performed by Department, Owner agrees to accept ownership and the r esponsibility for the maintenance of the manhole and valve covers.

15. This Agreement supersedes and replaces any previous agreement between the parties relating to the work required to adjust identified manhole and valve covers in physical conflict with Department’s highway projects.

16. This Agreement may only be amended, changed or altered by mutual written agreement of the parties.

17. This Agreement may be terminated by either party upon ninety (90) days written notice from the terminating party to the other party.

18. Time shall be of the essence of this Agreement.

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EXHIBIT
COVER AGREEMENT (Cont.) 13-EX-04 (NEW xx/2022)

For The Utility Owner:
_______________________________________ _______________ Date
Name
Title
For The State of California:
_______________________________________ _________________ Tiaira T. Moering, Chief Date
Office of Railroad and Utility Relocations
Division of Right of Way and Land Surveys
California Department of Transportation
DISTRIBUTION:
1 – HQ Right of Way, Office of Railroads and Utility Relocations 1 – District
1 – Utility Owner

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CONFLICT
NUMBER
LAYOUT
SHEET

UTILITY
OWNER

UTILITY
TYPE
ADJUST
MAP TO
GRADE
LOWER
AND
RAISE
MAP

RELOCATE
MAP
1 L‐1S R  82 and E Santa Inez Ave 13+77.21 Rt 0.80' City  of San Mateo  Manhole 1 2 L‐1S R  82 and W Santa Inez Ave 16+12.60 Rt 21.33' City  of San Mateo Manhole 1 3 L‐1S R  82 and Engle Rd 16+98.78 Rt 0' City  of San Mateo Manhole 1 4 L‐2S R  82 and W Poplar Ave 19+30.28 Lt 24.83' City  of San Mateo Manhole 1 5 L‐2S R  82 and W Poplar Ave 19+52.32 Lt 38.04' City  of San Mateo Manhole 1 6 L‐2S R  82 and W Poplar Ave 20+6.98 Lt 42.08' City  of San Mateo Manhole 1 7 L‐2S R  82 and E Poplar Ave 19+17.51 Rt 40.76' City  of San Mateo Manhole 1 8 L‐2S R  82 and E Poplar Ave 19+20.33 Rt 1.88' City  of San Mateo Manhole 1 9 L‐2S R  82 and E Poplar Ave 19+66.64 Rt 34.40' City  of San Mateo Clean  Out 1 10 L‐3S R  82 and Hilltop Rd 23+94.88 Lt 30.73' City  of San Mateo Manhole 1 11 L‐3S R  82 and W Bellevue Ave 27+24.10 Lt 0.97' City  of San Mateo Manhole 1 12 L‐3S R  82 and W Bellevue Ave 27+26.09 Lt 28.49' City  of San Mateo Manhole 1 13 L‐3S R  82 and Hilltop Rd 23+73.99 Rt 1.37' City  of San Mateo Manhole 1 14 L‐3S R  82 and E Bellevue Ave 27+62.06 Rt 16.35' City  of San Mateo Manhole 1 15 L‐4S R  82 and Clark Dr 31+66.57 Lt 28.64' City  of San Mateo Manhole 1 16 L‐4S R  82 and Grand Blvd 28+59.33 Rt 16.50' City  of San Mateo Manhole 1 17 L‐4S R  82 and Clark Dr 30+65.93 Rt 17.16' City  of San Mateo Manhole 1 18 L‐4S R  82 and Clark Dr 31+49.37 Rt 4.43' City  of San Mateo Manhole 1 19 L‐4S R  82 and Clark Dr 32+24.31 Rt 4.59' City  of San Mateo Manhole 1 20 L‐5S R  82 and Clark Dr 35+41.19 Rt 19.93' City  of San Mateo Manhole 1 21 L‐5S R  82 and St Johns Ct 37+26.32 Rt 11.52' City  of San Mateo Manhole 1 22 L‐6S R  82 and Warren Rd 41+56.05 Lt 17.80' City  of San Mateo Manhole 1 23 L‐6S R  82 and Barroilhet Ave 44+48.34 Lt 38.96' City  of San Mateo Manhole 1 24 L‐6S R  82 and Barroilhet Ave 44+56.37 Lt 37.82' City  of San Mateo Manhole 1 25 L‐6S R  82 and Warren Rd 41+15.22 Rt 19.42' City  of San Mateo Manhole 1 26 L‐6S R  82 and Warren Rd 42+99.48 Rt 15.36' City  of San Mateo Manhole 1 27 L‐6S R  82 and Barroilhet Ave 44+54.46 Rt 13.88' City  of San Mateo Manhole 1 12 6 0

LOCATION

SUBTOTAL
TOTAL 27

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-4666 File ID: 24-8787 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

On-Call Transportation Services for Various Projects – Amendments RECOMMENDATION:

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

BACKGROUND:

The Public Works and the Community Development Departments require consultant services to prepare transportation impact analyses (TIAs) and review transportation demand management (TDM) plans for private development projects.

Considering the high volume of private development projects, the potential need for several analysis processes to occur simultaneously and to ensure efficient workflow of the entitlement process, staff conducted a competitive request for qualifications (RFQ) process beginning in August 2019 to identify on-call consultant teams.

In January 2020, Council approved 2.5-year agreements with four firms for not to exceed amount of $250,000 to provide these services: AECOM, Fehr & Peers, Kittelson and Associates, and Steer Davies and Gleave. Staff has been satisfied with the work provided by the on-call consultants. In 2022 and 2023, new agreements were executed with each of the four firms to renew the services and extend the term of the agreements through June 30, 2024.

All of the on-call consultant teams currently end on June 30, 2024. To ensure that transportation analysis for private development processes continues to be provided with no gap in service, Public Works recommends extending the existing agreements for an additional two years and increasing the amount per agreement by $150,000 to continue to provide transportation analysis report preparation services. To manage on-call services, staff will develop specific task orders, scopes of work, and budgets with each firm for the work effort performed as part of the on-call services contract. The on- call services agreements would be extended through June 30, 2026, with the option to renew for one additional one-year extension.

With adoption of the new 2040 General Plan, staff anticipates a new TIA development and review process will be needed.

Once the new TIA process is developed, staff plans to issue a new RFP for on-call transportation consultant services.

BUDGET IMPACT:

Each consultant will be issued a blanket purchase order in alignment with the total not-to-exceed amount. The task orders will be charged to the planning application trust accounts, which are funded by the project developer, or to specific project accounts. All consultant costs will be charged to the appropriate account and are fully cost recovered.

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CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 1 - AECOM Technical Services, Inc.

Att 2 - Amendment No. 1 - Fehr & Peers
Att 3 - Amendment No. 1 - Kittelson & Associates, Inc.

Att 4 - Amendment No. 1 - Steer Davies and Gleave, Inc.

STAFF CONTACT
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288

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

BETWEEN THE CITY OF SAN MATEO AND
AECOM TECHNICAL SERVICES, INC. FOR

ON-CALL TRANSPORTATION ANALYSIS REPORT PREPARATION
($250,000 [Original Amount] $150,000 [added amount if any]) This Amendment is made and entered into this day of [Month] __, 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and AECOM TECHNICAL SERVICES, INC. ("CONSULTANT").

WHEREAS, City and Consultant wish to amend the Agreement effective July 1, 2024 to extend the term of the agreement and include additional compensation.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – Term is amended to read:
“The services to be performed under this Agreement shall commence on September 20, 2022 and be completed on June 30, 2026, with option for a one-year extension.”

2. Section 5 – Payment is amended to read:
“In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $400,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

3. Exhibit B of the Agreement is amended as attached.

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

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Contract Amendment Page 2 of 3
CAO Approved March 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Amendment on ___________________ [insert date of last signature].

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Scott C Kelsey
Its Authorized Agent
Associate Vice President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Ling Nguyen Millette Litzinger, PE
Assistant City Attorney Associate Vice President

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Contract Amendment Page 3 of 3
CAO Approved March 2024

EXHIBIT B

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

BETWEEN THE CITY OF SAN MATEO AND

FEHR & PEERS FOR

ON-CALL TRANSPORTATION ANALYSIS REPORT PREPARATION
($250,000 [Original Amount] $150,000 [added amount if any]) This Amendment is made and entered into this day of [Month] __, 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and FEHR & PEERS ("CONSULTANT").

WHEREAS, City and Consultant wish to amend the Agreement effective July 1, 2024 to extend the term of the agreement and include additional compensation.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – Term is amended to read:
“The services to be performed under this Agreement shall commence on September 20, 2022 and be completed on June 30, 2026, with option for a one-year extension.”

2. Section 5 – Payment is amended to read:
“In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $400,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

3. Exhibit B of the Agreement is amended as attached.

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

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Contract Amendment Page 2 of 3
CAO Approved March 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Amendment on ___________________ [insert date of last signature].

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Chris Mitchell
Its Authorized Agent
President

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney

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Contract Amendment Page 3 of 3
CAO Approved March 2024

EXHIBIT B

2024-2025
(July 2024 through June 2025)
Hourly Billing Rates
Classification Hourly Rate Principal $280.00 - $400.00
Senior Associate $210.00 - $325.00
Associate $185.00 - $285.00
Senior Engineer/Planner $160.00 - $235.00
Engineer/Planner $130.00 - $190.00
Senior Engineering Technician $150.00 - $240.00
Senior Project Accountant $185.00 - $220.00
Senior Project Coordinator $125.00 - $235.00
Project Coordinator $125.00 - $175.00
Technician $145.00 - $190.00
Intern $100.00 - $130.00
•Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling. •Personal auto mileage is reimbursed at the then current IRS approved rate (67 cents per mile as of Jan 2024).
•Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor.

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

BETWEEN THE CITY OF SAN MATEO AND

KITTELSON AND ASSOCIATES FOR

ON-CALL TRANSPORTATION ANALYSIS REPORT PREPARATION
($250,000 [Original Amount] $150,000 [added amount if any]) This Amendment is made and entered into this day of [Month] __, 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and KITTELSON AND ASSOCIATES, INC. ("CONSULTANT").

WHEREAS, City and Consultant wish to amend the Agreement effective July 1, 2024 to extend the term of the agreement and include additional compensation.

NOW, THEREFORE, the parties agree as follows:

1. “The services to be performed under this Agreement shall commence on September 20,2022 and be completed on June 30, 2026, with option for a one-year extension.”

2. Section 5 – Payment is amended to read:
“In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $400,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

3. Exhibit B of the Agreement is amended as attached.

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

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Contract Amendment Page 2 of 3
CAO Approved March 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Amendment on ___________________ [insert date of last signature].

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Dave Mills
Its Authorized Agent
Vice President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Marc Butorac
Vice President

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Contract Amendment Page 3 of 3
CAO Approved March 2024

EXHIBIT B

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

BETWEEN THE CITY OF SAN MATEO AND
STEER DAVIES AND GLEAVE, INC. FOR

TRANSPORTATION DEMAND MANAGEMENT PLAN PREPARATION
($250,000 [Original Amount] $150,000 [added amount if any]) This Amendment is made and entered into this day of [Month] __, 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and STEER DAVIES AND GLEAVE, INC. ("CONSULTANT").

WHEREAS, City and Consultant wish to amend the Agreement effective July 1, 2024 to extend the term of the agreement and include additional compensation.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – Term is amended to read:
“The services to be performed under this Agreement shall commence on September 20,2022 and be completed on June 30, 2026, with option for a one-year extension.”

2. Section 5 – Payment is amended to read:
“In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $400,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

3. Exhibit B of the Agreement is amended as attached.

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

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Contract Amendment Page 2 of 3
CAO Approved March 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Amendment on ___________________ [insert date of last signature].

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Public Works Director
Anita Woods
Its Authorized Agent
President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

APPROVED AS TO FORM
Ling Nguyen
Assistant City Attorney

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Contract Amendment Page 3 of 3
CAO Approved March 2024

EXHIBIT B

FEE RATES
Valid from 7/1/2024 through 6/30/2026
Title Billing Rate (Hourly)
Director $315
Associate Director $270
Associate $230
Principal Consultant $195
Senior Consultant $175
Consultant $155
Assistant Consultant $140
Intern $70

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 24-8788 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: June 17, 2024
SUBJECT:

Fiscal Year 2024-25 General Liability and Property Insurance – Purchase Authorization RECOMMENDATION:

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

BACKGROUND:

For the past 4 years, Council authorized a staff committee comprised of the City Manager, the Finance Director, and the City Attorney to select the most cost-effective program to insure the City’s general liability and property risks, and authorized the City Attorney to execute all required documents to purchase the selected insurance. The request for Council to authorize a committee in fiscal year 2020-21 was to allow the City to enroll in an organization called Public Risk Innovations, Solutions, and Management (PRISM), a joint powers authority comprised of dozens of government agencies, that provided coverage up to $25 million above a $1 million Self-Insured Retention (SIR) per occurrence, and a $1 million Individual Member Corridor Deductible (IMCD) that erodes over the course of the fiscal year in exchange for a premium discount for the excess liability insurance policy.

This remains a challenging insurance market. On the one hand, the property insurance market has improved such that its premium for property insurance will increase this year by an estimated 11.94%, versus the 43.7% increase that occurred in 2023. However, the premium increase for excess liability coverage is estimated at 57.4% - 68.9%, partly due to the state of the insurance market but also because of significant litigation that was settled. As always, the fluid circumstances of property coverage and cyber excess renewal are currently in review by the staff committee.

City of San Mateo 2024-2025 Insurance Budget Estimates
Coverage Expiring
Premium
Renewal
Premium
2024-2025
Budget Low
Estimate
2024-2025 Budget
High Estimate
% Change Low
Estimate
% Change High
Estimate
Library DIC $82,554 $95,350 $91,016 $99,684 10.3% 20.8% Excess Liability $1,038,771 $1,695,000 $1,635,000 $1,755,000 57.4% 68.9% Property, Boiler &
Machinery,
Environmental &
Cyber
$1,024,773 $1,147,186 $1,147,186 $1,147,186 11.9% 11.9%

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CITY OF SAN MATEO
Crime Insurance $9,287 $10,003 $9,751 $10,216 5.0% 10.0% Property (Bridges) $125,492 $144,943 $138,355 $151,531 10.3% 20.8% SAM $19,501 $20,964 $20,476 $21,451 5.0% 10.0%
San Mateo-Foster
City Public
Financing
Authority
(Liability)
$21,454 $23,599 $22,526 $24,672 5.0% 15.0%
Total: $2,313,741 $3,137,026 $3,064,310 $3,209,740 32.0% 38.2% In March 2024, the City Attorney’s Office received the fiscal year 2024-25 Insurance Budget Estimates and PRISM Premium Estimates, and then received updated estimates in June 2024, as follows: the estimated premium for Property, Boiler & Machinery, Environmental & Cyber coverage is $1,147,186, which matches the budget estimate. The estimated premium for Property (Bridges) coverage at $144,943 represents an average of the low and high budget estimates, as does the premium for Sexual Abuse and Molestation (SAMS) coverage at $20,964. The renewal premium estimates currently total $3,137,026, which is below the budget high estimated total of $3,209,740. Note that the final estimate for Excess Liability coverage has not yet been received but is expected to be no more than the budget high estimate of $1,755,000 listed in the table above. Regardless, the staff committee is given broad authority to obtain insurance coverage even if the estimate is somewhat more than the budget high estimate.

The staff committee is recommending that Council authorize the committee to select the most cost-effective solution continuing into fiscal year 2024-25 as circumstances remain challenging and unusual. The City Attorney would then execute all of the documents necessary to obtain that insurance. Included in this evaluation would be liability insurance and property insurance (including insuring the City’s critical bridges), and excess cyber liability, if deemed necessary.

In addition, the Main Library's Difference in Conditions (DIC) including Flood and Earth Movement/Building Ordinance/ICC/Demo coverage is renewed annually in March. This year's premium for the Library's DIC insurance coverage was renewed for $82,554.28. The budget high estimate for this coverage is $99,684, which will be renewed in March 2025.

BUDGET IMPACT:

The City paid approximately $2.28 million for general liability and property insurance (including bridges, cyber, and crime) for fiscal year 2023-24. The renewal premium for 2024-25, including Library DIC is estimated to be $3,137,026. The proposed fiscal year 2024-25 budget assumed $3.2 million for insurance premiums, therefore no modifications to appropriations are required.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020

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CITY OF SAN MATEO
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7 9

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-4666 File ID: 24-8793 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:
2023 Rail Corridor Transportation Management Association – Annual Report RECOMMENDATION:

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

BACKGROUND:

The City adopted the San Mateo Rail Corridor Transit Oriented Development Plan (Corridor Plan) in 2005, with the goal to “allow, encourage, and provide guidance for the creation of world class transit-oriented development (TOD) within a half- mile radius of the Hillsdale and Hayward Park Caltrain station areas, while maintaining and improving the quality of life for those who already live and work in the area.” The Corridor Plan includes a framework for (1) creation of a TOD, (2) implementation of a Transportation Demand Management (TDM) program with a goal of achieving an overall reduction in new vehicle trips by at least 25 percent corridor-wide, (3) establishment of trip generation thresholds, (4) establishment of parking standards, and (5) monitoring trip generation. The Corridor Plan established a new TOD zone, which generally encompasses key parcels located within a half-mile of the Hillsdale and Hayward Park Caltrain stations.

This new land use includes transit-supportive development densities, building heights, and design guidelines. The broader Corridor Plan area extends beyond the TOD zone and includes other areas in close proximity to these stations. The Corridor Plan also called for the creation of a San Mateo Rail Corridor Transportation Management Association (TMA).

Participation in the TMA is (1) required for all new development within the TOD zone, (2) strongly encouraged for all new development within the broader Corridor Plan area, and (3) available to any existing uses outside of the Corridor Plan area (Policy 7.18).

The TMA comprises developers and developer representatives that have, or are planning, significant development within the Corridor area. The City participates as a non-voting Board member and does not pay dues to the TMA. The City Council has nominated the Director of Public Works as the City representative to the TMA Board of Directors. The City’s role in the TMA is to provide oversight of each project’s mandated participation as required in the project’s Conditions of Approval (COA).

Annual Report Process
The TMA facilitates data collection regarding the number of vehicle trips generated by each development per the individual project’s approved TDM plan. Trip generation is determined by collecting driveway counts at all occupied developments. This data is compared to the allowable trip generation threshold identified in each development’s Condition of Approvals (COAs). A development is deemed non-compliant if the observed number of vehicle trips exceeds its trip generation threshold. The TMA Board of Directors hired a data collection firm and traffic engineering consultant to collect relevant data and prepare the 2023 Annual Report (attached).

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CITY OF SAN MATEO
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2023 Annual Report Summary
A total of 25 individual projects have been completed as of the completion of the 2023 Annual Report. Per the prepared report, most projects were below their short-term trip thresholds based on their individual project COAs. Three (3) projects stood out as notable in the 2023 Annual TMA Report. •Azara Residential
For the second year in a row, Azara residential project was at their trip threshold. The project may want to consider additional TDM measures for future implementation so as not to exceed their threshold in the future. •Delaware Pacific and 2000 Delaware (Shared Driveway)
Delaware Pacific and 2000 Delaware share a common driveway and thus the trip generation is calculated together; the counted trip generation during the PM peak period was five (5) trips above the short-term collective goal for the projects. This is a decrease from the 2022 trip counts, when the project was 15 trips above the trip threshold.

Per the Corridor Plan, “Projects that exceed their trip generation threshold shall be required to modify their trip reduction and parking management plan and incorporate TDM measures that are expected to increase trip reduction.” (Policy 7.24). Delaware Pacific (MidPen Housing) has been participating in a Metropolitan Transportation Commission (MTC) regional fare pilot pass program for below market rate housing since 2023 that offers residents free multiagency transit passes via the Clipper Card to encourage transit use. 2000 Delaware is not eligible for this program as a market rate project. Both projects have implemented their required TDM programs and measures to date, and City staff has been working with the projects to implement additional education and outreach about their existing measures.
•Bay Meadows
While the Bay Meadows project exceeded their trip threshold by 3 percent, or 77 trips, during the 2022 TMA annual reporting process, new tenants in the project have implemented additional TDM measures such as hybrid work schedules and transit subsidies. Further, based on feedback from projects the trip generation collection methodology was modified this year to account for through trips and construction impacts. In the 2023 trip count process, the Bay Meadows trip generation was estimated at 76 percent of the maximum trip threshold, well within their allowable trips.

Commission Feedback and Staff Recommendation
The TMA and consultant presented the findings of the 2023 Annual Report to the Sustainability and Infrastructure Commission on May 8, 2024. The report to the Commission included review of a survey of member projects and an assessment of TDM measures projects offered to residents or tenants in addition to the data collection and analysis. The Commission reviewed the report and unanimously recommended that the City Council accept the report. Commissioners provided feedback to staff regarding trip threshold compliance monitoring, coordination with projects not meeting thresholds, and collecting additional information about effective TDM measures to incorporate into the City’s ongoing Citywide TDM Ordinance development.

Staff has reviewed the data analysis and report submitted by the TMA Board of Directors and recommends the Council accept the 2023 Annual Report.

BUDGET IMPACT:

There is no budgetary impact associated with this item. The TMA is an IRS 501(c)(4) organization that is funded by its participating members. No City funds are used to pay for the activities of the TMA.

ENVIRONMENTAL DETERMINATION:

This San Mateo Rail Corridor TMA Annual Report review and acceptance is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

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CITY OF SAN MATEO
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7 9

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - 2023 Rail Corridor TMA Annual Report

STAFF CONTACT
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288

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FINAL April 18, 2024

SAN MATEO RAIL CORRIDOR TRANSPORTATION MANAGEMENT ASSOCIATION

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Contents Executive Summary ............................................................................................................................................ i Background ....................................................................................................................................................... 1 Purpose of the TMA .......................................................................................................................................... 1 2023 TMA Activities .......................................................................................................................................... 3 Corridor Plan Area Project Status ..................................................................................................................... 3 Trip Generation Thresholds and TDM Measures ............................................................................................. 3 Trip Generation Monitoring ............................................................................................................................. 3 Scope of Study .............................................................................................................................................. 3 TMA Trip Generation .................................................................................................................................... 3 Bay Meadows Phase II Trip Generation ....................................................................................................... 8 Previous Driveway Counts and Maximum Trip Threshold ....................................................................... 8 Estimated Trip Generation in 2023 .......................................................................................................... 8 Project TDM Plans ........................................................................................................................................... 16 TDM Plans ................................................................................................................................................... 16 Survey of Members ..................................................................................................................................... 18 TDM Program Management ................................................................................................................... 18 TDM Programs and Amenities ................................................................................................................ 18 Distribution of TDM Program Information ............................................................................................. 22 Comments About Impacts of Construction/Roadway Work ................................................................. 22 Appendix A – TMA Information ........................................................................................................................ A Current TMA Stakeholder Contact List .................................................................................................... A 2023 Meeting Minutes ............................................................................................................................. A Appendix B – 2023 Member Survey ................................................................................................................. B Summary of Survey Responses ................................................................................................................ B

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i
Executive Summary This report details the results of vehicle trip monitoring conducted under the San Mateo Rail Corridor Transit-Oriented Development Plan (Corridor Plan). It also presents a qualitative overview of Transportation Demand Management (TDM) plans for completed projects in the Rail Corridor area and a summary of the results of a survey of San Mateo Rail Corridor Transportation Management Association (TMA) members. Data collection for the 2023 annual monitoring of the TMA was completed on October 17, 2023. The trip generation counts indicated that all projects except one were at or below their short-term thresholds. One project, Delaware Pacific and 2000 Delaware, generated 57 PM peak-hour vehicle trips, which exceeded the short-term threshold of 52 peak-hour vehicle trips by five trips. The count for Azara, 25 PM peak-hour trips, was equal to its short-term threshold. Compared to the 2022 counts, the 2023 trip counts indicated higher trip generation at the commercial office projects, with values above those reported in 2019, before the COVID-19 Pandemic, and slight decreases at all residential projects except Azara. Bay Meadows Phase II trip generation was estimated according to the full monitoring requirement using cordon counts and license plate studies like that employed for the 2022 Annual Report. The resulting trip generation was 2,178 PM peak hour vehicle trips, approximately 76% of the maximum trip threshold (2,878 PM peak hour vehicle trips) allowed under the Conditions of Approval (COA) for the mid-term stage. This value is slightly higher than the estimate for 2019 (pre-pandemic) (2,113 PM peak-hour vehicle trips). During entitlement, all TMA member projects were required to develop TDM or trip reduction plans that reflected the City's guiding documents and practices. Relevant documents were reviewed to document trip reduction thresholds and TDM or trip reduction strategies. Bicycle parking, transit provisions, and commute coordination were cited most often in these documents. Similar to past years, TMA members completed a survey developed to solicit feedback about current practices. Responses were received from member representatives of all 12 completed projects, and essential facts about TDM and trip reduction practices, including management, specific programs offered, distribution of TDM information, and surveying travel behavior, were included in the responses.

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1 Background In 2005, the City of San Mateo (City) adopted the Corridor Plan. The plan's stated goal is to allow, encourage, and provide guidance for the creation of world-class transit-oriented development (TOD) within a half-mile radius of the Hillsdale and Hayward Park Caltrain station areas while maintaining and improving the quality of life for those who already live and work in the area. The Corridor Plan included a framework for the creation of TOD, implementation of a TDM program that generates an overall reduction in new vehicle trips of at least 25% corridor-wide, the establishment of trip generation thresholds, establishment of parking standards, and monitoring of trip generation. The Corridor Plan also called for the creation of the TMA. It stipulated that participation in the TMA was required for all new development within the TOD zone, strongly encouraged for all new development within the broader Corridor Plan area, and available to any existing uses outside the Corridor Plan area (Policy 7.18). The City adopted the Hillsdale Station Area Plan (Station Plan) in 2011. The area addressed in the Station Plan was based on the site within walking distance of the now-relocated Hillsdale Caltrain Station. The Station Plan expanded the TMA formed under the Corridor Plan to include all properties within the Station Plan area and required all new developments to join the TMA. It stated that Hillsdale Shopping Center’s participation in the TMA will consist of optional measures and will not be subject to the TMA’s trip reduction goals (Policy TRA-4.2). Figure 1 illustrates the Corridor Plan and Station Plan areas. Purpose of the TMA As defined in its bylaws, the TMA aims to implement the Objectives of the Corridor Plan. Within the Corridor Plan area, the TMA provides the following functions. • Oversee TDM program implementation; • Arrange shared parking, as appropriate; • Market TDM services and programs; • Coordinate TDM services and programs; • Coordinate with the City on annual trip generation monitoring for completed projects; • Participate in annual reporting to the San Mateo City Council about development trip generation information; • Consult with non-compliant members about changes to their TDM programs. Outside the corridor area, the TMA may coordinate with other agencies. No TDM services or programs are currently funded by the TMA. Member projects with active TDM programs do so at their own expense, independently or in partnership with other members or Commute.org.

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2 Figure 1: Corridor Plan Boundary and Hillsdale Station Area Plan Boundary

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3 2023 TMA Activities Official TMA meetings were held virtually, using the Zoom platform, in January (General Membership and Board), May, and September 2023. The TMA directors, officers, and contacts, as well as meeting minutes, are included in Appendix A. Corridor Plan Area Project Status Construction continued in the Corridor Plan area during the 2023 calendar year, including completing the Bay Meadows Station 5 office project. Figure 2 summarizes completed projects in the Corridor Plan area. Figure 3 summarizes future projects under construction or approved. Trip Generation Thresholds and TDM Measures During each development project’s entitlement phase, vehicle trip generation is calculated using trip generation rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual. Trip reductions are calculated based on a development’s density, location, proximity to transit, the mix of land uses, and TDM programs. The Conditions of Approval (COA) establish short-term and long-term trip generation thresholds that need to be met for the life of a project. Short-term goals are based on the varying status of completed projects within the corridor area. Long-term trip reduction goals are based on the full build-out of the space into the transit-oriented neighborhood envisioned in the Corridor Plan. Many long-term goals are also based on the 25th Avenue Grade Separation Project, which created new roadway connections on 28th and 31st Avenues between El Camino Real and Delaware Street. TMA projects must submit individual TDM plans with a list of trip-reduction strategies to be implemented once the project is occupied. TDM plans are tailored to reflect the project's location, proximity and access to transit, walkability, proposed land uses, and other relevant factors. Trip Generation Monitoring Scope of Study The TMA is required to collect data annually regarding the number of vehicle trips generated by each development. Trip generation is determined by collecting driveway counts at all occupied projects. These data are compared to the allowable trip generation threshold identified in each development’s COA. All projects are currently required to meet their short-term trip reduction goals. TMA Trip Generation Driveway count data were collected during the PM peak period (4:00 PM to 6:00 PM) on Tuesday, October 17, 2023, to determine PM peak hour trips generated by each project. For reference, driveway counts were conducted for all projects outside Bay Meadows Phase II because a different monitoring procedure was used for this area. Therefore, driveway counts were not performed for Montara and Nueva School within Bay Meadows Phase II.

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4 Figure 2: Completed TMA Projects
Project Land Use Quantity Units
Bay Meadows Phase II (RES 1) Townhomes 108 Dwelling Units Bay Meadows Phase II (RES 2) Townhomes 80 Dwelling Units Bay Meadows Phase II (RES 3) Townhomes 156 Dwelling Units Bay Meadows Phase II (RES 4) Apartments 82 Dwelling Units Bay Meadows Phase II (RES 5) Townhomes 76 Dwelling Units Apartments 158 Dwelling Units
Restaurant 3,472 Square Feet
Bay Meadows Phase II (RES 8) Townhomes 74 Dwelling Units Bay Meadows Phase II (RES 9) Townhomes
Detached Single Family
31 24 Dwelling Units
Bay Meadows Phase II (STA 1) Office 219,831 Square Feet Bay Meadows Phase II (STA 2) Office 189,000 Square Feet Office 167,270 Square Feet
Retail 6,730 Square Feet
Office 204,340 Square Feet
Retail 3,530 Square Feet
Drinking Place 2,129 Square Feet
Bay Meadows Phase II (STA 5) Office 218,554 Square Feet Bay Meadows Phase II (MU 1) High School 450 Students
Restaurant 5,000 Square Feet
Apartments 70 Dwelling Units
Bay Meadows Retail Retail 30,210 Square Feet
BMR Apartments 68 Dwelling Units
Commercial 2,000 Square Feet
Delaware Pacific
(1990 S. Delaware St.) BMR Apartments 60 Dwelling Units 2000 Delaware
(2000 S. Delaware St.) BMR Apartments 60 Dwelling Units Mode
(2089 Pacific Blvd.) Apartments 119 Dwelling Units
Montara BMR Apartments 68 Dwelling Units
400/450 Concar Office 305,000 Square Feet
Apartments 599 Dwelling Units
Office 8,300 Square Feet
Retail 19,600 Square Feet
Azara
(1650 S. Delaware St.) Apartments 74 Dwelling Units
Franklin Templeton Campus
Phase 1 Expansion Office 245,260 Square Feet
Station Park Green
(MU-1 & RE-2)
Completed Rail Corridor TMA Projects (as of 12/31/23)
Bay Meadows Phase II (RES 7)
Bay Meadows Phase II (STA 3)
Bay Meadows Phase II (STA 4)
Bay Measows Phase II (MU 4)
Peninsula Station
(2905 S. El Camino Real)

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5 Figure 3: Future TMA Projects Figure 4 summarizes the trip generation data, including the 2023 counts. Orange borders denote the critical comparison of the short-term trip reduction goal and 2023 counts. One project, Delaware Pacific and 2000 Delaware, generated 57 PM peak-hour vehicle trips, which exceeded the short-term threshold of 52 peak-hour vehicle trips by five trips. The count for Azara, 25 PM peak-hour trips, was equal to its short-term threshold. Figure 5 summarizes the history of project trip generation. Compared to the 2022 counts, the 2023 trip counts indicated higher trip generation at the commercial office projects, with values above those reported in 2019, before the COVID-19 Pandemic, and slight decreases at all residential projects except Azara.

Project Land Use Quantity Units Status
Bay Meadows Retail Retail 14,224 Square Feet Approved
Bay Meadows Phase II
(MU 2 modification) Office 191,354 Square Feet Approved Bay Meadows Phase II
(MU 3 modification)
Office
Apartments
125,760
67 Square Feet
Dwelling Units Approved
Bay Meadows Phase II (RES 6) Apartments 54 Dwelling Units Under Construction Hillsdale Shopping Center
Modification (60 31st Ave.) Retail to Office 37,611 Square Feet Approved Condominiums 64 Dwelling Units
Commercial 13,978 Square Feet
Concar Passage Multi-Family
Commercial
961
40,000
Dwelling Units
Square Feet Approved
Hayward Park Caltrain Station
Parking Lot (401 Concar Dr.) Apartments 191 Dwelling Units Approved Future Rail Corridor TMA Projects
Hillsdale Terraces Approved

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6 Figure 4: 2022 TMA Trip Generation
% Trip
Threshold % Trip
Threshold
Peninsula StationBMR Apartments
Commercial
68 2,698
DU
SF 61 35% 40 54% 28 35
Delaware Pacific
2000 Delaware
BMR Apartments
BMR Apartments
60 60
DU
DU 74 30% 52 47% 39 57
Mode Apartments 111DU 69 25% 52 40% 41 31
400/450 Concar Office 305,715SF 484 25% 363 25% 363 202 Station Park Green
Apartments
Office
Retail
599
11,000
26,000
DU
SF
SF
450 25% 338 32% 306 244
Franklin TempletonOffice 813,683SF 833
(Note 1) 31% 575 31% 575 484
Azara Apartments 74DU 33 25% 25 40% 20 25
Note 1
Long-Term Trip
Reduction Goal2023 Counted
Trip Generation
(PM Peak)
Trip generation number was estimated by Hexagon Transportation Consultants, Inc. for the Mitigated Negative Declaration (MND) for the Franklin Templeton Phase I Expansion project based on Hexagon driveway counts and ITE Trip Generation factors. (City of San Mateo, Mitigated Negative Declaration, Franklin Templeton SPAR, PA16-084, June 19, 2017, page 49).

Project Land Use QuantityUnits
ITE Trip
Generation
(PM Peak)
Short-Term Trip
Reduction Goal

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7 Figure 5: TMA Trip Generation History
2013 2014 2015 2016 2017 2018 2019 2021 2022 2023
Peninsula Station 40 31 28 19 34 29 32 25 36 36 35
Delaware Pacific
2000 Delaware 52 N/A 22 20 67 58 71 51 58 67 57
Mode 52 N/A N/A 30 35 25 32 37 41 33 31
400/450 Concar 363 N/A N/A N/A N/A 101 105 186 26 108 202 Station Park Green 338 N/A N/A N/A N/A N/A 71 144 148 249 244 Franklin Templeton 575 N/A N/A N/A N/A N/A N/A 388 143 326 484 Azara 25 N/A N/A N/A N/A N/A N/A N/A 8 25 25
Project
Short-Term Trip
Threshold
(PM Peak)
Counted Trip Generation (PM Peak Hour)

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8 Bay Meadows Phase II Trip Generation Trip generation for Bay Meadows Phase II was evaluated according to the full monitoring requirement using cordon counts and license plate studies like that employed for the 2022 Annual Report. The counts and surveys were done on Tuesday, October 17, 2023. The procedures and results of this monitoring effort are presented below. Previous Driveway Counts and Maximum Trip Threshold Before 2019, the City conducted annual driveway counts at each block within Bay Meadows Phase II as an interim method to gain insight into the neighborhood's trip generation. The driveway count program has proven to be a cost-effective way to capture most of the trips generated by Bay Meadows Phase II. It was noted in the 2018 Annual Report that Bay Meadows Phase II trip generation would likely increase when the full monitoring program is implemented and all trips, including vehicles that park on the street, are counted. Bay Meadows Phase II project development is divided into four stages: one stage reflecting pre-grade separation conditions and three stages of post-grade separation reflecting short-term (Phase I), mid-term (Phase II), and long-term (Phase III) conditions. For the post-grade separation stages, trip generation goals were set as follows: 10% short-term, 16% mid-term, and 25% long-term reduction. The trip reduction goal was determined based on the grade separation project and the overall development completed. Bay Meadows Phase II is currently in the mid-term (Phase II) post-grade separation stage of development after the completion of the 25th Avenue Grade Separation Project, based on the COA. Also, per the COA, the mid-term trip reduction goal for this stage is 16% of the total PM peak hour ITE trip generation for completed projects. The maximum trip threshold for the mid-term stage is 2,878 PM peak-hour vehicle trips. Estimated Trip Generation in 2023 Cordon and Gateways All area access points, or gateways, used by vehicles entering and leaving the Bay Meadows Phase II area (Study Area) were defined and comprised of a cordon. Figure 6 illustrates the Study Area and traffic gateways listed below. • O1 – South Delaware Street north of East 28th Avenue • O2 – South Delaware Street south of Lopez Drive • O3 – 28th Avenue west of Delaware Street • O4 – East 28th Avenue west of Saratoga Drive • O5 – 31st Avenue west of Delaware Street • O6 – Franklin Parkway east of Baze Road Two driveways on South Delaware Street just inside the study area generate traffic unrelated to Study Area development. One serves the Event Center; the other serves the City’s Clean Water project construction site. Counts were conducted at these locations so this traffic could be excluded from the Study Area traffic.

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9 Figure 6: Bay Meadows Phase II Study Area and Gateways

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10 Cordon Counts Machine two-hour cordon counts of weekday vehicle traffic entering and leaving the Study Area were conducted at the six gateways on Tuesday, October 17, 2023, between 4:00 PM and 6:00 PM. Figure 7 summarizes the PM peak hour cordon counts. Also, automated license plate surveys were conducted for the peak hour - 5:00 PM to 6:00 PM - on the same date at the six gateways to estimate the number of vehicles that pass through the Study Area. These surveys recorded license plate numbers and entry/exit times for every vehicle entering and leaving each gateway. These were tabulated to identify every car registered at two gateways during the count period (a “paired vehicle trip”).

Figure 7: PM Peak Hour Cordon Counts by Gateway Travel Times of Paired Vehicle Trips The maximum travel times for all paired vehicle trips to traverse typical travel paths between entry and exit gateways (illustrated in Figure 8) were calculated using the license plate survey records. Figure 9 presents the results. For comparison, average travel times for these travel paths were compiled using the Directions feature in Google Maps. Figure 10 presents the results, which usually indicate average times are similar to or less than the most extended travel times.

O1NorthboundO1SouthboundO2NorthboundO2SouthboundO3EastboundO3WestboundO4EastboundO4WestboundO5EastboundO5WestboundO6EastboundO6WestboundTOTAL Entering Study Area 286284 289 184228 6851,956
Leaving Study Area460 277 254193 609326 2,119
TOTAL4602862842772892541931842286093266854,075
PM PEAK HOUR CORDON COUNTS BY GATEWAYGateway

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11 Figure 8: Typical Travel Paths by Gateway

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12 Figure 8: Typical Travel Paths by Gateway (Cont’d)

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13 Figure 8: Typical Travel Paths by Gateway (Cont’d)

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14 Figure 9: Longest Travel Times by Travel Path From License Plate Survey Figure10: Average Travel Times by Travel Path From Google Maps Estimated PM Peak Hour Trip Generation A total of 4,075 PM peak-hour vehicle trips were counted entering and leaving the Study Area (from Figure 7 above). This value includes all vehicle trips—those that originated in or were destined for points within the Study Area, those that passed through the Study Area, and those generated by the Event Center (0 trips) and the Clean Water project construction site (29 trips). The assessment of travel times for paired vehicle trips indicated that the maximum travel time between any two given gateways was approximately two minutes or less than the estimated Google Maps average travel time. Given that a driver is unlikely to stop during a trip within this time range, it was concluded that all paired trips were through vehicle trips. Figure 11 presents the PM peak hour through vehicle trips by travel path, and Figure 12 summarizes them by gateway.

O1
Southbound
O2
Northbound
O3
Eastbound
O4
Westbound
O5
Eastbound
O6
Westbound
O1
Northbound 5 mins 36 sec1 min 30 sec3 min 32 sec5 min 21 sec5 min 36 sec O2
Southbound6 mins 4 mins 39 sec6 mins 1 min 30 sec2 mins 31 sec O3
Westbound1 min 45 sec5 mins 13 sec 2 mins 45 sec4 mins 32 sec4 mins 23 sec O4
Eastbound2 mins 49 sec5 mins 39 sec2 mins 22 sec 4 mins 45 sec5 mins 42 sec O5
Westbound 5 mins 18 sec1 min 3 mins 21 sec5 mins 12 sec 1 min 45 sec O6
Eastbound5 mins 12 sec1 min 13 sec 4 mins 27 sec 5 mins 54 sec2 min 15 sec

LONGEST TRAVEL TIME BY GATEWAY AND PATH FROM LICENSE PLATE SURVEY To Gateway
From Gateway
O1
Southbound
O2
Northbound
O3
Eastbound
O4
Westbound
O5
Eastbound
O6
Westbound
O1
Northbound 4 mins 1 min 3 mins 3 mins 4 mins
O2
Southbound4 mins 3 mins 3 to 6 mins 1 min 2 mins
O3
Westbound 1 min 3 mins 2 mins 3 mins 3 mins
O4
Eastbound 3 mins 4 mins 2 mins 4 mins 3 to 6 mins
O5
Westbound 3 mins 1 min 3 mins 4 mins 1 min
O6
Eastbound 4 mins 2 mins 3 mins 3 to 6 mins 1 min

AVERAGE TRAVEL TIME BY GATEWAY AND PATH FROM GOOGLE MAPS To Gateway
From Gateway

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15 Figure 11: PM Peak Hour Through Vehicle Trips by Travel Path Figure 12: PM Peak Hour Through Vehicle Trips by Gateway As presented below, the estimated PM peak hour trip generation was derived from the difference between the cordon counts and the sum of through-vehicle trips and other vehicle trips not associated with Study Area development. • Trips Entering and Leaving: 4,075 • Trips Not Associated: - 29 • SUBTOTAL TRIPS: 4,046 • LESS THROUGH TRIPS: - 1,868 • TRIP GENERATION: 2,178 The 2023 peak-hour trip generation is approximately 76% of the maximum trip threshold (2,878 PM peak-hour vehicle trips) allowed under the COA for the mid-term stage. This value is slightly higher than the estimate for 2019 (pre-pandemic) (2,113 PM peak-hour vehicle trips).

O1
Southbound
O2
Northbound
O3
Eastbound
O4
Westbound
O5
Eastbound
O6
WestboundTotal
O1
Northbound 17 63 2 4 8 94
O2
Southbound 33 2 0 28 90 153
O3
Westbound 86 16 26 1 10 139
O4
Eastbound 19 23 34 1 0 77
O5
Westbound 29 16 1 0 320 366
O6
Eastbound 6 14 3 0 82 105
Total 173 86 103 28 116 428 934
To Gateway
From Gateway

PM PEAK HOUR THROUGH VEHICLE TRIPS BY TRAVEL PATH
O1NorthboundO1SouthboundO2NorthboundO2SouthboundO3EastboundO3WestboundO4EastboundO4WestboundO5EastboundO5WestboundO6EastboundO6WestboundTOTAL Entering Study Area 17386 103 28 116 428934
Leaving Study Area94 153 13977 366105 934
TOTAL94 17386 15310313977 28 1163661054281,868
PM PEAK HOUR THROUGH VEHICLE TRIPS BY GATEWAYGateway

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16 Project TDM Plans This section presents a qualitative overview of member project TDM or trip reduction plans. TDM Plans All projects were required, during entitlement, to develop TDM or trip reduction plans to reflect City guiding documents and practice. The following documents were reviewed for this report. • 1650 S. Delaware Street Final Transportation Demand Management Plan (Hexagon Transportation Consultants, Inc., July 18, 2018) [Azara] • 2000 Delaware Trip Reduction Program and Trip Generation Threshold (Nelson\Nygaard Consulting Associates, Memorandum, February 9, 2011) [also covers Delaware Pacific] • 92 and Delaware Trip Reduction Plan (Nelson\Nygaard Consulting Associates, Memorandum, February 9, 2011) [400/450 Concar] • Bay Meadows Phase II Traffic Management Plan (Kimley Horn, Latest Revision: August 24, 2018) • Franklin Templeton Campus Expansion Transportation Impact Analysis (Hexagon Transportation Consultants, Inc., June 8, 2017) • 2090 South Delaware Trip Reduction Program (Nelson\Nygaard Consulting Associates, Memorandum, April 30, 2012) [Mode] • 2901 - 2905 El Camino Real TDM and Trip Reduction Program (Nelson\Nygaard Consulting Associates, Memorandum, April 10, 2008) [Peninsula Station] • Station Park Green TDM Program – Final Plan (Nelson\Nygaard Consulting Associates, Memorandum, May 30, 2010) • Conditions of Approval, PA 12-051, The Nueva High School SPAR (the City of San Mateo, Approved by the Planning Commission on December 11, 2012) While respective TDM or trip reduction requirements for projects within Bay Meadows Phase II were defined in its Traffic Management Plan, one such project, The Nueva School, prepared a transportation management plan to provide additional details for the school operation. Figure 13 provides an overview of trip reduction thresholds defined in TDM or trip reduction plans for completed projects.

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17 Figure 13: Trip Reduction Thresholds of Completed TMA Projects All TDM or trip reduction plans included programs in the following categories, which were arranged from high to low based on the relative number of projects that cited respective programs. • Bicycle Parking o Secure bicycle parking o Supportive features like repair, programming to encourage use, and on-site showers • Transit Provisions o Paid or subsidized transit passes o Private shuttle bus services • Commute Coordination o TDM or transportation coordinator o On-site information and assistance • Alternate Modes o Funded car-sharing program or partnership o Subsidized Transportation Network Companies (TNC) usage (e.g., Uber and Lift) o Guaranteed ride home • Parking Management o Reserved carpool and vanpool parking o Reserved car share parking o Parking cash-out • Alternate Work Schedules o Flexible work hours o Telework • Other o On-site amenities to support employees and residents Project Land Use
Short Medium Long
Peninsula Station BMR Apartments 35% 54%
Station Park Green Apartments - Office - Retail25% 32%
The Nueva School (Bay Meadows Phase II) High School 10% 16% 25% Delaware Pacific BMR Apartments 30% 47%
Montara (Bay Meadows Phase II) BMR Apartments 10% 16% 25% Mode Apartments 25% 40%
Franklin Templeton Office 31% 31%
2000 Delaware BMR Apartments 30% 47%
Bay Meadows Phase II Townhomes - Apartments -
Office - Retail - Restaurant10% 16% 25%
400/450 Concar Office 25% 25%
Azara Apartments 25% 40%
Trip Reduction Threshold by Term

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18 Survey of Members The above information provided a good overview of what TDM or trip reduction programs were established for member projects during entitlement. Similar to past years, a brief survey of TMA members was developed to provide feedback about current practices. The survey covered the following points. • Nueva School faculty, staff, and student counts • Resident count and occupancy (percent) • Commercial building occupancy (percent), employee count, and vendor/contractor count • Management of TDM programs and activities • TDM program management • TDM programs and amenities currently offered • TDM programs that are most effective in reducing drive-alone vehicle trips • TDM program information distribution methods • Use of surveys regarding travel behaviors • Metrics used to track the performance of TDM programs • Construction or roadway work that may have impacted project access • Comments or experiences related to TDM Responses were received from member representatives of all 12 completed projects. They revealed essential facts about TDM and trip reduction practices, summarized below. Appendix B includes a summary of survey responses. TDM Program Management Six members reported in-house management, one indicated a third-party manager, and one noted tenants were responsible for managing TDM. Four members said they do not provide direct TDM programming. TDM Programs and Amenities The following points summarize member-reported programs in place. Figure 14 presents an overview of current programs and their relative usage by project. • Eleven members offered secure bicycle storage and bicycle racks. Some members provided related features like bike share, bicycle repair, safety education, and shower facilities. • Six members offered transit provisions, including subsidized transit passes and shuttle programs. • Four members reported commute coordination efforts related to on-site transportation information, commute planning assistance, and emergency ride home. • One member offered no TDM programs. The array of reported strategies aligns well with TDM strategies stated in TDM or trip reduction plans and generally reflects industry practices. Members cited three programs as most effective in reducing drive-alone trips: secure bicycle storage, bicycle racks, and subsidized transit passes.

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19 Figure 14: Programs and Amenities Reported by Members Project Other
Emergency Ride
Home (ERH)DeliveryFamily Supportive
Pedestrian-
Oriented Uses on
Ground Floor
Commute
Planning
Assistance
Information
Peninsula Station ✘ ✘
Station Park Green
Nueva School ✘
Delaware Pacific ✘
Montara ✘
Mode Apartments
Franklin Templeton ✘ ✘ ✘
2000 Delaware ✘
Bay Meadows Commercial
Bay Meadows Residential
400/450 Concar
Azara ✘
Amenities Commute
Coordination

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20 Figure 14: Programs and Amenities Reported by Members (Cont’d) Project
Secure Bike
Storage Bike RacksBike Repair
Stations
Bike Safety
Education Classes
Bikeshare (on-
site) Shower Facilities
Peninsula Station ✘ ✘
Station Park Green ✘ ✘
Nueva School ✘ ✘ ✘
Delaware Pacific ✘ ✘
Montara ✘ ✘ ✘
Mode Apartments ✘ ✘ ✘ ✘
Franklin Templeton ✘ ✘ ✘
2000 Delaware ✘ ✘
Bay Meadows Commercial✘ ✘ ✘ ✘
Bay Meadows Residential✘ ✘ ✘
400/450 Concar
Azara ✘ ✘ ✘
Bike

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21 Figure 14: Programs and Amenities Reported by Members (Cont’d) Project
Employee-
Sponsored Shuttle
Commute.org
Shuttle
Fully-Subsidized
Transit PassCharged ParkingElectric Vehicle
Charging Stations
Designated
Carpool/Vanpool
Parking
Peninsula Station ✘
Station Park Green ✘
Nueva School ✘ ✘ ✘ ✘
Delaware Pacific ✘
Montara
Mode Apartments ✘
Franklin Templeton ✘ ✘ ✘
2000 Delaware ✘
Bay Meadows Commercial ✘ ✘
Bay Meadows Residential ✘
400/450 Concar
Azara ✘ ✘
Transit Parking

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22 Distribution of TDM Program Information Nine members indicated they distributed information to their populations using email, social media, electronic and paper documents, bulletin boards or kiosks, and face-to-face gatherings. Comments About Impacts of Construction/Roadway Work Five members noted that access to their property was impacted by construction work on South Delaware Street and Saratoga Drive.

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A
Appendix A – TMA Information Current TMA Stakeholder Contact List 2023 Meeting Minutes

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MINUTES

SAN MATEO RAIL CORRIDOR TMA
General Membership & Board of Directors Meeting

January 23, 2023, 11:00 AM
Online (Zoom)

Present: Pattie Philibosian – Westlake Urban (2000 Delaware) Jeff Bak – Westlake Urban (2000 Delaware)
Mike Wiley – PAP (2000 Delaware)
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Chim Chune Ko – Sares Regis (Mode)
Adam Hamilton – Wilson Meany (Bay Meadows)
Erin Morella –Essex (Station Park Green)
Nael Younes – Franklin Templeton
Rebecca Barnes – MidPen Housing (Peninsula Station)
Azalea Mitch – City of San Mateo

Staff: John Ford – Commute.org

Guests: Sue-Ellen Atkinson – City of San Mateo
Carmen Chen – Commute.org

Absent: 400/450 Concar
Bridge Housing (Montara)
Four Corners Properties (Azara)
Nueva School

1. Call to Order
 The meeting was called to order by TMA Chair Sarah Etheredge at 11:03 AM.

2. Approvals
 On a motion/second by Adam/Chim Chune, the meeting minutes of September 12, 2022, were approved as presented.

3. Project Updates
 Most projects reported status quo conditions since the last meeting in September 2022. o 2000 Delaware reported flooding at the property during the first storm on New Year’s Eve when the entire street was flooded. Those issues have since been addressed, and no such issues were reported in subsequent storms. o 400|450 Concar (John) reported that Andrew Diamond is no longer involved with the TMA. John has included Mr. Robert Buckner as the new representative based on the email that was returned from Andrew’s email address. o Bay Meadows (Adam) reported that RES 6 is still under construction. Station 5 is expected to complete construction either this quarter or early next quarter. MU2 and MU3 are the last remaining parcels to undergo construction and are still going through the approval process with the city.
o Delaware Pacific (Sarah) reported flooding issues from the New Year’s Eve storm that are currently being repaired.

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o Franklin Templeton (Nael) reported that construction on one of the floors in the new building is complete, which may result in greater occupancy from the tenant. o Mode (Chim Chune) reported water issues backing into the garage also from the New Year’s Eve storm. All issues are currently being repaired. o Peninsula Station (Sarah) reported similar water intrusion issues. o Station Park Green (Erin) reported water intrusion into some retail spaces, the gym, and parking lot. The property is looking to install EV charges by Q2.

4. Report from City of San Mateo
 Sue-Ellen reported that the City will connect with the TMA for upcoming community engagement on the Hillsdale Station Bicycle Access Gap Closure Project. The project will result in better bike and pedestrian connections to the relocated Hillsdale Caltrain Station. The citywide Complete Streets Plan will also begin extensive community engagement in March.
 Azalea provided an update on the City’s response to widespread flooding issues. Flooding on Delaware was the result of sanitary overflow and drainage issues. Ongoing mitigation projects include installing a water tank at the San Mateo County Event Center and the Clean Water Program.
 No new development projects have received approval in the Rail Corridor area.

5. Report from Acting Executive Director (John Ford)
 John reviewed the financial statements for the period ending December 31, 2022. On a motion/second by Chim Chune/Adam, the statements were accepted as presented.  John told the group that the TMA taxes for 2022 would be filed soon now that the financial year is complete.

6. 2022 Counts and Annual Report
 John gave the group an update on the driveway and cordon counts that were conducted in October. The count consultant, IDAX, had equipment issues that resulted in several locations being counted on a second day. Since they were stand-alone locations, counting on a separate day does not impact the integrity of the counts.  Automatic license plate readers (ALPRs) were used to capture license plates of vehicles entering and leaving the cordon area. IDAX has told us that they will no longer be able to use ALPRs for that portion of the count due to their technical deficiencies and scarcity.  Paul Krupka did a preliminary review of the count data as soon as it was available. He met with IDAX to review the changes to the data collection/reporting from the prior year.  John shared the proposal from Paul for creating the 2022 Annual Report and provide assistance with the 2023 counts. On a motion/second by Chim Chune/Pattie, the Proposal for Consultant Services from Paul Krupka was accepted as presented.  John reported that the annual TMA survey was sent via email to all members on January

17. TMA members are asked to complete the survey by Friday, February 3. Paul will analyze the survey responses with 2022 vehicle counts collected by IDAX to develop the 2022 Annual Report.

7. New Business
 Election of New Directors
o The slate of directors was unanimously approved with no changes.

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 Officers for 2023
o The terms for Chair, Vice Chair, and Secretary/Treasurer are 2 years; therefore, the current office holders have one year remaining on their terms. All three officers have agreed to continue in their positions:
 Sarah Etheredge, Chair
 Adam Hamilton, Vice Chair
 Chim Chune Ko, Secretary/Treasurer
 Budget/Dues Discussion and Approval
o John presented a draft budget for 2023 which included expenditures for the consultant’s production of the 2022 annual report plus estimated expenses for the consultant to oversee the 2023 counts (Krupka proposal), estimated costs for 2023 study counts (IDAX estimate), up to 54 hours of admin/management time, insurance, and miscellaneous expenses. At the direction of the membership, nothing was budgeted for TDM programming in 2023. o The membership discussed the substantial increase in estimated costs for IDAX’s work in 2023. IDAX has proposed the use of humans to replace the ALPR’s that have been used in prior years for the cordon counts. The executive committee has recommended that the IDAX estimate be included in the budget, but that another vendor should be contacted for a proposal. If IDAX is engaged for the 2023 counts, then they should be asked to provide a best and final offer prior to acceptance. John will ask the City for recommendations of alternates. Mike offered to share names of firms that he has worked with in other locations. o Revenue for the budget was forecast using the same dues structure as 2022.

Revenue will increase modestly in 2023 due to more projects being part of the TMA as well as more of the residential and commercial projects becoming eligible for inclusion in the dues structure.
o The proposed budget would result in a $15,082 deficit and leave reserves of approximately $45,000 at year end.
o Dues invoices will be generated by John and sent to all members in February.

Adjusting invoices (if necessary) will be generated and sent later in the year for projects that receive their Certificate of Occupancy mid-year. Those dues will be pro-rated based on the COO date.
o On a motion/second by Chim Chune/Adam, the 2023 budget was approved, and member dues for 2023 were set as follows:

Dues Category 2023 Rate
Residential rate per unit $ 6.00
Commercial rate per rentable square foot $ 0.0225
Educational rate per square foot of buildings $ 0.0075

 No other new business was reported.

8. Adjournment

 The meeting adjourned at 11:51 AM.

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MINUTES

SAN MATEO RAIL CORRIDOR TMA
Board of Directors Meeting

May 8, 2023, 11:00 AM
Online (Zoom)

Present: Adam Hamilton – Wilson Meany (Bay Meadows)
Cathy Escobar – Bridge Housing (Montara)
Christian Digg – Diamond Properties (400/450 Concar)
David Wilbur – Four Corners Properties (Azara)
Erin Morella –Essex (Station Park Green)
Mike Wiley – PAP (2000 Delaware)
Nael Younes – Franklin Templeton
Rebecca Barnes – MidPen Housing (Peninsula Station)
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Steve Osborne – Nueva School
Vanessa Smith – Sares Regis (Mode)

Staff: John Ford – Commute.org

Guests: Sue-Ellen Atkinson – City of San Mateo
Paul Krupka – Krupka Consulting
Carmen Chen – Commute.org

1. Call to Order
 The meeting was called to order by TMA Chair Sarah Etheredge at 11:03 AM.

2. Approvals
 On a motion/second by Nael/Adam, the meeting minutes of January 23, 2023, were approved as presented.

3. Project Updates
 Most projects reported status quo conditions since the last meeting in January 2023. o 400/450 Concar (Christian) reported that a major tenant (Snowflake) recently increased in-office days to four days per week. More on-campus activity is expected as a result.
o Franklin Templeton (Nael) reported higher occupancy due to completed construction of some floors and new tenants.
o Mode (Vanessa) recently hosted bike repair training classes as part of their TDM program.
o Station Park Green (Erin) reported that the installation of EV chargers is delayed from Q2 to Q3 due to product supply issues.
o Nueva School (Steve) reported that the Tenant Improvements under permit now and will be under construction from June 19 to late September. No expansions are planned.
o Azara (David) reported no project updates, but inquired about available funds that could be retroactively applied to EV chargers that were already installed.

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4. Report from City of San Mateo
 Sue-Ellen reported that the City will connect with the TMA for upcoming stakeholder engagement for the new citywide TDM ordinance. The current ordinance only applies to the Rail Corridor area.
 No new development projects have received approval in the Rail Corridor area.

5. Report from Acting Executive Director (John Ford)
 John reviewed the financial statements for the period ending April 30, 2023. On a motion/second by Nael/Rebecca, the statements were accepted as presented.  John provided administrative updates which included the takeover of First Republic Bank by JP Morgan Chase, insurance renewals, and tax filings. Because the TMA’s taxable income is less than $50,000, a full tax return was not required for 2022. That will change once revenue exceeds $50,000.

6. 2022 Annual Report
 Paul provided a preliminary review of count data.
 More detailed counts were conducted at Delaware Pacific and 2000 Delaware due to increased vehicle activity from 2021 to 2022. The counts captured cut-thru traffic as well as short-term parking trips. Neither category of trips made a significant difference to the trip counts for the project.
 Increased vehicle counts and pedestrian foot traffic were observed at Bay Meadows, which is line with the increased development activity.
 The count consultant, IDAX, used automatic license plate readers (ALPRs) to capture license plates of vehicles entering and leaving the cordon area. They had to supplement ALPR counts with manual counts due to technical deficiencies and scarcity.  All TMA members completed the Annual TDM Survey, which will be included in the Annual Report.
 Adam asked if the construction along Delaware Avenue contributed to the increased travel time in the cordon count area. Paul explained that the construction was taking place outside of the study area and, therefore, was not a factor in the count or his analysis.
 The Draft 2022 Annual Report will be completed by late May and shared with John for final review before submitting to the City and the Sustainability and Infrastructure Committee for acceptance.

7. New Business
 Counts/Annual Report 2023
o IDAX previously informed the TMA that they will have to transition from ALPRs to manual counts for cordon counts. ALPRs work best in smaller areas to capture driveway activity. The types of locations and amount of traffic lanes where the counts are currently conducted exceed the technical capabilities of ALPRs. The transition to manual counts will increase costs to conduct the traffic analysis. o John reached out to another count consultant who also came to the same conclusion. He will also reach out to Hexagon Transportation Consultants to explore additional options.

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o Paul concurred that proceeding with manual cordon counts is the best option and reaffirmed the importance of conducting cordon counts at the same as driveway counts.
o Sarah recommended seeking a formal proposal from IDAX.  No other new business was reported.

8. Adjournment

 The meeting adjourned at 11:58 AM.

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MINUTES

SAN MATEO RAIL CORRIDOR TMA
Board of Directors Meeting

September 11, 2023, 11:00 AM
Online (Zoom)

Present: Adam Hamilton – Wilson Meany (Bay Meadows)
Cathy Escobar – Bridge Housing (Montara)
David Wilbur – Four Corners Properties (Azara)
Erin Morella –Essex (Station Park Green)
Mike Wiley – PAP (2000 Delaware)
Nael Younes – Franklin Templeton
Rebecca Barnes – MidPen Housing (Peninsula Station)
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Kyle Deshon – Sares Regis (Mode)
Brad Underwood – City of San Mateo

Absent: 400/450 Concar
Nueva School

Staff: John Ford – Commute.org

Guests: Tiffany Eng – Bridge Housing (Montara)
Sue-Ellen Atkinson – City of San Mateo
Carmen Chen – Commute.org
Karina Lopez – Commute.org

1. Call to Order
• The meeting was called to order by TMA Chair Sarah Etheredge at 11:03 AM.

2. Approvals
• On a motion/second by Adam/Rebecca, the meeting minutes of May 8, 2023, were approved as presented.

3. Project Updates
• Most projects reported status quo conditions since the last meeting in May 2023. • Azara (David) reported interior construction which will begin in the next two weeks and continue into October. He noted that this may need to be accounted for when traffic counts are conducted.
• Montara (Cathy) reported that Tiffany Eng would be replacing Cathy Escobar as the board member representing the project.
• Franklin Templeton (Nael) reported that there will be a new tenant in October, which may result in an increase in traffic and construction activity.

4. Report from City of San Mateo
• Sue-Ellen reported that Brad Underwood has returned to the City as Interim Public Works Director. Brad will be serving as the city’s board representative going forward.

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• Sue-Ellen also provided an update on several projects:
o Citywide Complete Streets Plan: The second round of community engagement will occur in the Fall. The City may ask TMA members for feedback. o 25th Avenue Gap Closure Project: The City expanded the project scope to include further bike facility improvements. A community workshop will be held in October/November and TMA members are invited to attend. o Delaware Street Safe Routes to School Corridor - Bike Infrastructure Project: A RFP was recently released for the design and construction of bike facilities on Delaware Street from 19
th Avenue to Pacific Boulevard.
o General Plan Update: A draft was released for community review. TMA members are encouraged to attend the District 3 Town Hall meeting on Thursday, September 28 at 5:30pm at the Nueva School. Feedback can also be shared at https://strivesanmateo.org/.

5. Report from Acting Executive Director (John Ford)
• John reviewed the financial statements for the period ending August 31, 2023. On a motion/second by Nael/Erin, the statements were accepted as presented. • John provided administrative updates which included the stakeholder contact list (TMA members should indicate any updates) and the list of current officers (the Secretary/Treasurer position is open, and the January meeting will include an election for new officers).

6. Old Business (2022 Annual Report)
• John shared that the final draft of the 2022 Annual Report was sent to the City for review and approval. John mentioned that the report had gone through multiple reviews and that due to an oversight on his part, the report’s delivery to the city was delayed by three weeks.
• Sue-Ellen shared that the report needs to be presented to the Sustainability & Infrastructure Commission before going to City Council for final acceptance. The report is tentatively scheduled for the October 11
th meeting but may need to be bumped to the
November 8th meeting. The meeting will be held at City Hall and notification will be sent to John for distribution to the TMA membership.

7. New Business
• Election of Secretary/Treasurer
o Sarah and John asked for volunteers for the open Secretary/Treasurer position.

The position was previously held by Chim Chune Ko of Sares Regis, but became vacant when he left his position. The current term will expire in January. Nael volunteered.
o Nael was unanimously approved as the new Secretary/Treasurer with no objections.
• Counts/Annual Report 2023
o John reviewed the requirements and protocols for conducting annual traffic counts at all member locations. He also provided an overview of the changes to the scope of work for the 2023 traffic counts. The TMA has historically contracted with IDAX to complete the counts. However, IDAX previously informed the TMA

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that they will have to transition from automatic license plate readers (ALPRs) to manual in-person counters for the origin-destination portion of the counts. In IDAX’s opinion, the types of locations and amount of traffic lanes where the counts are conducted made the use of ALPRs no longer a viable option. IDAX proposed a change to manual counters for the upcoming counts. John along with Paul Krupka reviewed the prior scope of work and updated it to include additional options for the selected traffic count consultant to consider in their proposals. o John shared that the TMA received two proposals, one from IDAX, and another from Hexagon. The IDAX proposal of $30,000 presents two manual count options: (1) cars will be counted in 5-minute intervals with no timestamp, (2) only white cars will be counted with a timestamp and used as a sample. Both scenarios would incur the same cost and require 40 people to manually conduct the origin-destination portion of the cordon counts. The Hexagon proposal of $32,000 would provide the same base services but would use ALPRs for the origin-destination survey. Hexagon confirmed that they will use a third-party vendor (All Traffic Data Services) to do the actual counts. o Sarah asked whether the $10k fee on IDAX’s proposal was a one-time fee or an ongoing cost. John clarified that it was likely a cost that would be incurred with each count to hire and train temp workers to conduct manual counts. o Brad asked if there was a cost difference between the two IDAX count options.

John replied that there is not a cost difference given that 40 temp workers are needed for both scenarios. Brad expressed concern for being able to find 40 people by October.
o Adam asked in the IDAX sample approach could count cars of a color other than white due to the concern that many construction vehicles are white. Sue-Ellen clarified that the count will only consider peak-hour traffic within the 4-6pm period and that would likely be outside of normal construction hours. John also mentioned that the Traffic Management Plan only references white vehicles under the sample approach.
o Brad and Adam inquired about the $9k fee for the big data origin-destination analysis in Hexagon’s proposal and whether it was a viable option. John clarified that the $9k fee represents potential cost-savings if Hexagon used StreetLight data in lieu of cordon counts. Sue-Ellen also mentioned that it would not be an option for the 2023 counts given the short timeframe and the fact that it was not included in Bay Meadows’ traffic management plan as an approved survey method.
o Sarah asked if Paul Krupka had any preferences between the two proposals.

John responded that Paul helped update the scope of work and stressed the importance of having timestamps for the origin-destination portion of the cordon counts. Rebecca asked if a pre-count meeting with the selected vendor would be part of the scope and John stated that it likely was but would clarify with the selected vendor.
o Adam mentioned that the Hexagon proposal adds extra counters at the Event Center. He proposed having additional counters at the Caltrain parking lots to capture inbound/outbound traffic. Adam also suggested ensuring that counts be conducted on dates when there are not special events or team sports events at the ballfields. Sue-Ellen clarified that most games are on the weekend whereas the traffic counts are on weekdays.

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o Nael clarified that one of the two Franklin Templeton driveways is ingress only.

John replied that this is consistent with how counts are currently conducted. o David commented that manual counts bring a different risk, Hexagon seems to be better option without required training and human factor. Brad concurred because need to hire 40 people in a short amount of time. o Tiffany asked for further clarification on the type of challenges IDAX faced with ALPRs and whether Hexagon would have similar issues. John stated that there were equipment limitations with IDAX given the increased volume of traffic across additional travel lanes. At this point, it is uncertain whether Hexagon would have similar issues.
o Sarah stated that given the increased scope and cost for the annual counts that the TMA Board will need to ensure there are adequate funds to cover future traffic counts. She commented that current reserves will not be sufficient in the long run.
o On a motion/second by David/Adam, the proposal from Hexagon was unanimously accepted as presented. The board instructed John to notify the two vendors and proceed with contracting Hexagon for the project. • Meeting Schedule for 2024
o John shared the calendar for meetings in 2024. The next meeting will be on Monday, January 22, 2024. John will distribute the meeting calendars via Outlook invitation.
• No other new business was discussed.

8. Adjournment

• The meeting adjourned at 11:59 AM.

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B
Appendix B – 2023 Member Survey Summary of Survey Responses

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2023 San Mateo Rail Corridor TMA Survey
1 / 24
Q1 Please select the project site you are completing this survey for. If youmanage multiple sites listed below, you will need to complete a separatesurvey for each site.

Answered: 12 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
400/450 Concar
Bay Meadows
Residential
Bay Meadows
Commercial...

Franklin
Templeton
Peninsula
Station (Mid...

Delaware
Pacific (Mid...

Mode Apartments
Montara
Nueva School
Station Park
Green
2000 Delaware
Azara
Other (please
specify)

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2023 San Mateo Rail Corridor TMA Survey
2 / 24

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

8.33% 1

0.00% 0
TOTAL 12
# OTHER (PLEASE SPECIFY) DATE
There are no responses.

ANSWER CHOICES RESPONSES
400/450 Concar
Bay Meadows Residential
Bay Meadows Commercial (Office and Retail)
Franklin Templeton
Peninsula Station (MidPen Housing)
Delaware Pacific (MidPen Housing)
Mode Apartments
Montara
Nueva School
Station Park Green
2000 Delaware
Azara
Other (please specify)

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100.00% 12
100.00% 12
100.00% 12
Q2 Please enter the contact information of the person filling out thissurvey.

Answered: 12 Skipped: 0
# NAME DATE
1 Nael Younes 1/17/2024 9:21 AM
2 Sarah Etheredge 1/11/2024 3:57 PM
3 Christian Diggs 1/3/2024 5:05 PM
4 Cathy Escobar 12/27/2023 9:17 AM
5 Terry Lee 12/19/2023 11:10 AM
6 Sarah Etheredge 12/7/2023 3:20 PM
7 DAVID WILBUR 12/7/2023 1:14 PM
8 mike wiley 12/5/2023 12:50 PM
9 Jose Tinoco 11/20/2023 11:05 AM
10 Diana Singh 11/13/2023 10:41 AM
11 Kyle Deshon 11/9/2023 2:36 PM
12 Amy J Knox 11/9/2023 1:34 PM
# EMAIL ADDRESS DATE
1 [email protected] 1/17/2024 9:21 AM
2 [email protected] 1/11/2024 3:57 PM
3 [email protected] 1/3/2024 5:05 PM
4 [email protected] 12/27/2023 9:17 AM
5 [email protected] 12/19/2023 11:10 AM
6 [email protected] 12/7/2023 3:20 PM
7 [email protected] 12/7/2023 1:14 PM
8 [email protected] 12/5/2023 12:50 PM
9 [email protected] 11/20/2023 11:05 AM
10 [email protected] 11/13/2023 10:41 AM
11 [email protected] 11/9/2023 2:36 PM
12 [email protected] 11/9/2023 1:34 PM
# PHONE NUMBER DATE
1 6503125852 1/17/2024 9:21 AM

ANSWER CHOICES RESPONSES
Name
Email Address
Phone Number

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2 6502426524 1/11/2024 3:57 PM
3 4157100932 1/3/2024 5:05 PM
4 4153213519 12/27/2023 9:17 AM
5 650 350 4529 12/19/2023 11:10 AM
6 6502426524 12/7/2023 3:20 PM
7 6507935000 12/7/2023 1:14 PM
8 510-501-2807 12/5/2023 12:50 PM
9 650-293-0303 11/20/2023 11:05 AM
10 415 905 5353 11/13/2023 10:41 AM
11 2082900114 11/9/2023 2:36 PM
12 16507714288 11/9/2023 1:34 PM

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Q3 Estimate the average number of faculty and staff that are on-site on anormal school day.

Answered: 1 Skipped: 11
# RESPONSES DATE
1 550 12/19/2023 11:11 AM

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Q4 Estimate the number of students that are on-site on a normal schoolday.

Answered: 1 Skipped: 11
# RESPONSES DATE
1 450 12/19/2023 11:11 AM

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Q5 Approximately how many adults currently reside at the property? Answered: 8 Skipped: 4
# RESPONSES DATE
1 138 1/11/2024 3:57 PM
2 160 12/27/2023 9:24 AM
3 204 12/7/2023 3:20 PM
4 120 12/7/2023 1:15 PM
5 105 12/5/2023 12:56 PM
6 837 11/20/2023 11:06 AM
7 191 11/9/2023 2:38 PM
8 750 11/9/2023 1:34 PM

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Q6 Average Residential Occupancy (Oct. 2023)
Answered: 8 Skipped: 4
# DATE
1 97 1/11/2024 3:57 PM
2 94 12/27/2023 9:24 AM
3 97 12/7/2023 3:20 PM
4 85 12/7/2023 1:15 PM
5 88 12/5/2023 12:56 PM
6 96 11/20/2023 11:06 AM
7 93 11/9/2023 2:38 PM
8 95 11/9/2023 1:34 PM
9393 93
0 10 20 30 40 50 60 70 80 90 100

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70 210 3
Q7 Average Commercial Occupancy (Oct. 2023)
Answered: 3 Skipped: 9
Total Respondents: 3
# DATE
1 90 1/17/2024 9:49 AM
2 75 1/3/2024 5:08 PM
3 45 11/13/2023 10:56 AM
7070 70
0 10 20 30 40 50 60 70 80 90 100

ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES

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Q8 Estimate the average number of on-site employees/contractors on aweekday.

Answered: 3 Skipped: 9
# RESPONSES DATE
1 1200 1/17/2024 9:49 AM
2 500 1/3/2024 5:08 PM
3 832 11/13/2023 10:56 AM

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Q10 Who manages your TDM programs and activities? (Select all thatapply) Answered: 12 Skipped: 0
# OTHER (PLEASE SPECIFY) DATE
1 Tenants have their own programs 11/13/2023 10:56 AM
2 Our community manager position is currently vacant and expected to fill in December. 11/9/2023 2:39 PM 50%50% 50%
8%8% 8%
33%33% 33%
17%17% 17%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
In-house staff
A third-party
contractor/c...

We do not
provide TDM...

Other (please
specify)

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92% 11
92% 11
58% 7
33% 4
25% 3
25% 3
25% 3
25% 3
17% 2
17% 2
8% 1
8% 1
8% 1
8% 1
8% 1
8% 1
8% 1
8% 1
Q12 TDM Programs
Answered: 12 Skipped: 0
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
1 Transit screen in the lobby with live information along with hard copy transit schedules and routes, alternative transportation discussed in resident meetings. 1/11/2024 3:57 PM
2 Transit schedules and routes located in the lobby, alternative transportation discussed in resident meetings, and residents with individual or specific needs are supported by our Resident Services team.
12/7/2023 3:20 PM
3 virtual info kiosk and clipper cards upon occupancy 12/5/2023 1:02 PM

ANSWER CHOICES RESPONSES
Bike racks
Secure bike storage
EV charging stations
Bike repair/fix-it station(s)
Delivery amenities
Fully-subsidized transit pass
Shower facilities
Other (please specify)
Designated carpool/vanpool parking
Employer-sponsored shuttle
Family supportive amenities
Bikeshare (on-site)
Bike safety education classes
Charged parking
Emergency ride home (ERH)
Pedestrian-oriented uses on ground floor
Commute.org shuttle program
We do not offer any TDM program/amenities

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Q13 Of the programs offered, which do you feel are the most effective inreducing drive-alone trips? (Please select up to three programs) Answered: 12 Skipped: 0
Delivery
amenities
Family
supportive...

Fully-subsidize
d transit pass
Parking
cash-out
Bike purchase
subsidy
Bikeshare
(on-site)
Bikeshare
membership
Bike safety
education...

Bike racks
Secure bike
storage
Bike
repair/fix-i...

Shower
facilities
Designated
carpool/vanp...

Charged parking
EV charging
stations
Emergency ride
home (ERH)
Carshare
(on-site)
Carshare
membership

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0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Employer-sponso
red shuttle
Pedestrian-orie
nted uses on...

Commute.org
shuttle program
We do not
offer any TD...
[Insert text
from Other]

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8.33% 1

0.00% 0

25.00% 3

0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0

25.00% 3

50.00% 6

0.00% 0

8.33% 1

0.00% 0

8.33% 1

0.00% 0

8.33% 1

0.00% 0

0.00% 0

8.33% 1

0.00% 0

8.33% 1

8.33% 1

8.33% 1
Total Respondents: 12

ANSWER CHOICES RESPONSES
Delivery amenities
Family supportive amenities
Fully-subsidized transit pass
Parking cash-out
Bike purchase subsidy
Bikeshare (on-site)
Bikeshare membership
Bike safety education classes
Bike racks
Secure bike storage
Bike repair/fix-it station(s)
Shower facilities
Designated carpool/vanpool parking
Charged parking
EV charging stations
Emergency ride home (ERH)
Carshare (on-site)
Carshare membership
Employer-sponsored shuttle
Pedestrian-oriented uses on ground floor
Commute.org shuttle program
We do not offer any TDM program/amenities
[Insert text from Other]

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Q15 How do you distribute information on TDM programs to your tenants,residents, and/or employees? (Select all that apply) Answered: 12 Skipped: 0
# OTHER (PLEASE SPECIFY) DATE
1 Bi-annual resident meetings specifically focused on transit and alternative modes of transportation.
1/11/2024 3:57 PM
2 Tenants distribute to their employees. 11/13/2023 11:00 AM

16.67%16.67% 16.67%

41.67%41.67% 41.67%

8.33%8.33% 8.33%

41.67%41.67% 41.67%

58.33%58.33% 58.33%

25.00%25.00% 25.00%

25.00%25.00% 25.00%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Internal
website
Email
communications
Social media
(e.g....

Online videos
Move-in/enrollm
ent/lease...

Bulletin
boards/infor...

Info sessions
(e.g. "lunch...

Commuter/benefi
ts fairs and...

We do not
distribute...

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16.67% 2

25.00% 3

58.33% 7
Q16 Do you currently survey your tenants, residents, and/or employees' tocollect data on travel behaviors? Answered: 12 Skipped: 0
TOTAL 12
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes.

No, but plan
to survey in...

No, and do not
plan to survey.

ANSWER CHOICES RESPONSES
Yes.

No, but plan to survey in the future.

No, and do not plan to survey.

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8.33% 1

0.00% 0

25.00% 3

25.00% 3

58.33% 7

8.33% 1
Q17 What metrics do you use to track performance of your TDMprograms? (Select all that apply) Answered: 12 Skipped: 0
Total Respondents: 12
# OTHER (PLEASE SPECIFY) DATE
1 survey 12/5/2023 1:10 PM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Mode split
(e.g. drive...

Vehicle miles
of travelled...

Parking
utilization
Program
participation
Performance is
not currentl...

Other (please
specify)

ANSWER CHOICES RESPONSES
Mode split (e.g. drive alone/carpool/bike/transit rate) Vehicle miles of travelled (VMT)
Parking utilization
Program participation
Performance is not currently tracked
Other (please specify)

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Q18 Please describe any construction/roadway work that may haveimpacted access to your property in 2023.

Answered: 8 Skipped: 4
# RESPONSES DATE
1 None 1/17/2024 9:53 AM
2 Sewer/storm drain repairs on Delaware Street. 1/11/2024 3:57 PM 3 N/A 1/3/2024 5:11 PM
4 None 12/27/2023 9:29 AM
5 the train separation improvements on saratoga 12/5/2023 1:23 PM 6 San Mateo Sewer Projects 11/13/2023 11:01 AM
7 Sewer/storm drain repairs on S. Delaware Street in September-October 2023. 11/9/2023 2:42 PM 8 S. Delaware work in front of Expo Center 11/9/2023 1:36 PM

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Q19 Please share any additional comments and/or experiences related toTDM at your project that you feel would be useful for the annual report andthe TMA.

Answered: 7 Skipped: 5
# RESPONSES DATE
1 N/A 1/17/2024 9:53 AM
2 MidPen was invited by transit partners at the Metropolitan Transportation Commission (MTC), BART, and SamTrans to participate in the Clipper BayPass Pilot Program, which was implemented on November 1st, 2022. Before this date, residents only had access to free transportation on SamTrans. With the Clipper BayPass, residents now have free access to all bus, rail, and ferry services within the nine-county Bay Area region. The pilot program was anticipated to last 2 years, however an extension to the program is currently under discussion.

In 2022 there were 90 users of the Way2Go pass, and from September 2021 to October 2022 there were 2,399 trips on SamTrans. Since launch of the Clipper BayPass, 92 cards have been issued. From November 2022 to October 2023, there have been a total of 3,269 trips across multiple agencies, with 68% with SamTrans, 16% with BART, 10% with CalTrain, and the remaining 6% a mix of other providers.
1/11/2024 3:57 PM
3 I would recommend a similar survey to the tenants/businesses in the area. 1/3/2024 5:11 PM 4 super grateful for the accessibility of transit options in our community and interest and support for options and alternatives.
12/19/2023 12:11 PM
5 MidPen was invited by transit partners at the Metropolitan Transportation Commission (MTC), BART, and SamTrans to participate in the Clipper BayPass Pilot Program, which was implemented on November 1st, 2022. Before this date, residents only had access to free transportation on SamTrans. With the Clipper BayPass, residents now have free access to all bus, rail, and ferry services within the nine-county Bay Area region. The pilot program is anticipated to last 2 years with possible extension if successful. Since implementation through October 2023, 136 residents have enrolled in the pilot program. Pre-pilot there were approximately 100 residents enrolled in the Way2Go program, resulting in over a 30% increase in transit pass subscribers.
12/7/2023 3:21 PM
6 In October we had some repairs being performed which lead to contractors using our site for parking (not as residents)
12/7/2023 1:20 PM
7 only count cars going in and out parking garage gates 12/5/2023 1:23 PM

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CITY OF SAN MATEO
4 9
5 4

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8751 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Wastewater Treatment Plant Upgrade and Expansion Project Engineering Services – Amendment RECOMMENDATION:

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

BACKGROUND:

One of the Wastewater Treatment Plant (WWTP) Upgrade and Expansion Project (Project) objectives includes the capability to produce Title 22 tertiary recycled water for non-potable reuse to incorporate the sustainability and water reclamation goals of both the City of Foster City and City of San Mateo City Councils.

Under a previous agreement, Trussell Technologies, Inc. (Trussell) prepared the Title 22 engineering report from the City to the Division of Drinking Water; developed the schematic design report for the approved Title 22 disinfection approach; and reviewed the final design of the upgrades developed by HDR Engineering, Inc., as the Engineer of Record for the Project to assure compliance with Title 22 non-potable reuse regulations. The final design for the Title 22 recycled water upgrades is currently under construction.

In August 2022, Trussell’s current agreement scoped Trussell to review the disinfection process control narrative submittals and evaluate various Title 22 scenarios for the WWTP. In March 2023, Amendment No. 1 to the Trussell agreement increased the scope to include developing standard operating procedures (SOPs) for Title 22 and Bay Discharge Disinfection to add to the WWTP electronic operations and maintenance manual; and providing operator training using the SOPs. The current agreement has a not-to-exceed total amount of $99,950.

The City needs Trussell to provide additional review of the disinfection process control narratives; startup assistance including input to the Project Startup and Commissioning Plan for the testing of the Title 22 disinfection system; onsite support during actual startup; and other as-needed support. Trussell submitted a final proposal for this scope in the amount of $122,763, which staff finds to be acceptable for the negotiated scope and level of effort.

Based on the above, staff recommends approval of Amendment No. 2 in the amount of $122,763 for the additional scope of work, described further in Attachment 1, and a contingency reserve of $12,000 to cover potential modifications to scope items that may be necessary to successfully complete the Project.

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CITY OF SAN MATEO
4 9
5 4
BUDGET IMPACT:

Currently, there are not sufficient funds available in the WWTP and Flow Management Upgrade and Expansion project (46t003). The overall budget committed to date of $542,927,000 as of the current Fiscal Year 2023-2024, has been fully encumbered. The remaining budget needed to complete the Project is part of the upcoming Fiscal Year 2024-2025 budget.

Upon approval and adoption of the Fiscal Year 2024-2025 budget as of July 1, 2024, there will be sufficient funds in the Project to fund the proposed Amendment No. 2 to Trussell’s agreement and establish the contingency reserve.

Staff is recommending approval of the proposed amendment at this time because a portion of the scope of work is required to be completed and invoiced in the current Fiscal Year 2023-2024 to meet the Project schedule.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 2

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

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AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
TRUSSELL TECHNOLOGIES, INC.

FOR

WASTEWATER TREATMENT PLANT NUTRIENT REMOVAL AND WET

WEATHER FLOW MANAGEMENT UPGRADE AND EXPANSION PROJECT
($27,950 [Original Amount], $72,000 [Amendment No. 1],
$122,763 [Amendment No. 2])
WHEREAS, the City of San Mateo (“CITY”), a municipal corporation of the State of California, and TRUSSELL TECHNOLOGIES, INC. (“CONSULTANT”), entered into an Agreement for professional consultant services (“Agreement”) for the Wastewater Treatment Plant Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project on August 29, 2022; and
WHEREAS, on March 27, 2023, CITY and CONSULTANT executed Amendment No. 1 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $72,000, for a total not to exceed amount of $99,950; and
WHEREAS, CITY and CONSULTANT, wish to amend the Agreement to provide for additional engineering services, extend the term, and increase compensation by $122,763, for a new total not to exceed amount of $222,713.

NOW, THEREFORE, the parties agree as follows:

1. Section 1, “Scope of Project,” of the Agreement is amended to read:

The scope of services to be performed by CONSULTANT under this Agreement is described in Exhibits A, A1, and A2, attached and incorporated by reference.

Exhibit A2 to the Agreement is attached and incorporated by reference.

2. Section 7, “Term, Progress and Completion” of the Agreement is amended to read:

The services to be performed under this Agreement shall commence and be completed as set forth in Exhibits B, B1, and B2, Project Schedule.

It is understood and agreed that time is of the essence of this Agreement.

CONSULTANT agrees to perform the services within the time limits set forth in Exhibits B, B1, and B2.

CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT's timetable.

Exhibit B2 to the Agreement is attached and incorporated by reference.

3. The first and second paragraphs of Section 8, “Payment,” of the Agreement is amended to read:

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Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $222,713. Requests for payments shall be itemized and correspond to the various items of work described in Exhibits A, A1, and A2, and shall be based on the rate and cost schedule set forth in Exhibits C, C1, and C2, attached and incorporated by reference.

CITY reserves the right to pay CONSULTANT not more than 95% of the "not to exceed" amount until a 100% project review is complete and the CITY determines that 100% of the project work is complete. 100% project completion shall include completion of tasks as listed in Exhibits A, A1, and A2.

Exhibit C2 to the Agreement is attached and incorporated by reference.

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

CITY OF SAN MATEO CONSULTANT
TRUSSELL TECHNOLOGIES, INC.
______________________________
Matthew Fabry
___________________________________
R. Shane Trussell
Public Works Director Its Authorized Agent
President
Date: _________________________
APPROVED AS TO FORM:

Date: ______________________________
______________________________
Linh Nguyen
Assistant City Attorney

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Exhibit A2
Scope of Services

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Scope of Services for City of San Mateo
Amendment No. 2
Additional Review of Control Narratives and Startup Assistance The City of San Mateo (City) is improving the San Mateo/Estero Municipal Improvement District Wastewater Treatment Plant (WWTP). Significant changes are being made for wet weather flow and nutrient removal, including a new membrane bioreactor (MBR) process and wet-weather BioActiflo.

The upgraded WWTP will also include facilities for disinfection of Title 22 (T22) tertiary recycled water and for environmental discharge into the San Francisco Bay (Bay discharge). The City has requested that Trussell prepare this scope of work to 1) provide additional review of the disinfection and discharge process control narratives, 2) provide startup assistance, as well as two optional tasks for on-site support during 3) facility startup and 4) DDW inspection. This amendment builds off of previously approved scopes to provide additional funds for one existing task (Task 1) and allocate additional funds for three new tasks (Tasks 5 through 7).

Task 1: Additional Review of Disinfection and Discharge Control Narratives Previously, the City approved a scope of work for Trussell to review the disinfection and bay discharge process control narrative submittals. The scope of work included reviews of the draft and revised T22 disinfection and bay discharge process control narratives. Trussell completed this scope of work at the end of May 2023. After May 2023, HDR engaged Trussell for review of additional revisions to the control narratives. Trussell has been helping with the additional control narrative reviews requested by HDR since completion of the original scope of work in May 2023.

Currently, the control narratives for T22 disinfection and bay discharge have been separated into three submittals based on area: area 55/56 (T22 disinfection in MBR pipeline), area 07 (CCBs for bay discharge), area 70 (chemical storage and pumping). The T22 disinfection control narrative is PCM 22 for areas 55/56 and 70. The bay discharge control narrative is PCM 08 for area 07. HDR is anticipating continued work on reviewing and approving the process control narrative submittals.

This scope expansion includes Trussell’s level of effort completed to date and future work.

Since the completion of the original scope, Trussell has provided continued support on the control narratives focusing on area 55/56 submittal (dated 9/21/23) and the area 70 submittal (dated 7/22/23 and 10/2023). Trussell will provide additional review and comments on the T22 disinfection and bay discharge control narratives. The future effort is anticipated to include a total of fifteen 1-hour meetings for all three control narratives.

Deliverables
Area 55/56:
• Reviewed and confirmed if comments were addressed on the revised T22 disinfection control narrative
•
•
•
Reviewed and confirmed comments on HDR’s list sent to Tesco Provided review of HDR’s specifications for T22 disinfection and bay discharge Participated in meetings, phone calls, and email discussions with HDR, Tesco, and Brown and Caldwell (4 meetings/calls and ~12 emails)
• Future work:

Trussell Technologies Inc. | Pasadena | San Diego | Oakland |

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o
o
Three additional rounds to review and confirm comments on updated T22 disinfection control narrative
Participate in five 1-hour conference calls to discuss review comments (5 hrs total, virtual)
Area 70:
• Reviewed and confirmed if comments were addressed on the revised T22 disinfection control narrative
•
•
Reviewed and confirmed comments on HDR’s list sent to Tesco Participated in meetings, phone calls, and email discussions with HDR, Tesco, and Brown and Caldwell (4 meetings/calls and ~11 emails)
Future work:•
o Three additional rounds to review and confirm comments on updated T22 disinfection control narrative
o Participate in five 1-hour conference calls to discuss review comments (5 hrs total, virtual)
Area 07:
•
•
•
Reviewed specifications for bay discharge
Participated in email discussions with HDR (~3 emails)
Future work:
o Three additional rounds to review and confirm comments on updated bay discharge control narrative
o Participate in five 1-hour conference calls to discuss review comments (5 hrs total, virtual)
Assumptions
Trussell review comments will be provided within 2 weeks of receiving control narratives• Task 5: Startup Assistance
In this task, Trussell will update HDR’s Testing, Startup, and Commissioning Plan with information relevant to the testing of the T22 disinfection and bay discharge systems. This will include updating Section 5 (Startup and Commissioning Test Periods), 6 (WWTP Testing Plan), 7 (Startup and Seeding Plan), and 8 (Acceptance Tests) to include T22 disinfection and bay discharge startup information.

The updates will align with the specifications with the overall testing approach for the MBR Permeate Pipeline, CCB1, and CCB2 startup.

Updates for Section 5 include updating tables and descriptions for factory and site acceptance testing, functional testing, and demonstration testing of the T22 disinfection and bay discharge facilities. Updates for Section 6 include adding operating parameters during demonstration testing for T22 disinfection and bay discharge facilities. Examples include, but are not limited to, characteristics of the MBR permeate pipeline and CCBs, descriptions of the chemical dosing pumps, and anticipated flows. Updates for Section 7 include updating and adding a section on starting up the T22 disinfection and bay discharge facilities with wastewater. Additions include, but are not limited to, general flow through the treatment facility, sampling frequency, and influent and effluent values through the treatment system. Updates for Section 8 include writing up an outline of how the T22 disinfection and bay discharge systems should be tested to ensure they meet effluent water quality regulatory requirements. Examples include, but are not limited to, descriptions of testing at Trussell Technologies Inc. | Pasadena | San Diego | Oakland |

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variable flows, variable water qualities, PLC control loops, and alarms.

Deliverables
•
•
•
•
Draft and Final updates to Section 5 of the Testing, Startup, and Commissioning Plan Draft and Final updates to Section 6 of the Testing, Startup, and Commissioning Plan Draft and Final updates to Section 7 of the Testing, Startup, and Commissioning Plan Draft and Final updates to Section 8 of the Testing, Startup, and Commissioning Plan Assumptions
HDR will provide the most up-to-date Testing, Startup, and Commissioning Plan and will incorporate Trussell's write-ups into the Plan
•
Optional Task 6: On-site Support for Startup Assistance Upon City request, Trussell will provide as-needed, on-site support during the T22 disinfection and bay discharge Testing, Startup, and Commissioning Plan implementation. On-site support includes confirming that the T22 disinfection and bay discharge systems are operating properly as outlined in the Testing, Startup, and Commissioning Plan and can handle the variable influent flow rates and water quality conditions outlined in the specifications and control narratives.

Deliverables
•
•
Two rounds of 2 days of site visits (4 days total)
Documentation of site visits and results of testing
Assumptions
• Trussell will be on-site to observe testing during the acceptance testing phase.

Optional Task 7: On-site Support for DDW Inspection
While the City will be able to produce T22 quality water, it does not yet have the strorage and distribution infrastructure to distribute it to recycled water customers. Consequently, a DDW inspection is likely not a requirement if the water will not be sent to distribution. However, the City may still consider an inspection with DDW to request interim approval for the production of recycled water. Currently, DDW is undergoing significant staff turnover which raises the possibility that future DDW staff will not have the experience and/or institutional knowledge regarding the City’s recycled water project. Receiving written approval from current DDW staff regarding the production of recycled water could help minimize the possibility that future DDW staff will impose new or different requirements on the project. Upon City request, Trussell will provide as-needed, on-site support during the DDW inspection of T22 disinfection and bay discharge facilities. On-site support includes confirming that the system is operating properly and conforms to DDW’s requirements for T22 disinfection and bay discharge.

Deliverables
•
•
•
Agenda for DDW inspection
Two days of site visits (one day rehearsal, one day for DDW visit) Documentation of visit including any changes needed for the controls Trussell Technologies Inc. | Pasadena | San Diego | Oakland |

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Exhibit B2
Project Schedule

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Project Schedule
Amendment No. 2 will extend the term of the contract to end June 30, 2025.

Trussell Technologies Inc. | Pasadena | San Diego | Oakland |

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Exhibit C2
Fee Schedule

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Fee
Trussell Tech’s engineering consultant fee for the scope of work outlined above is $122,763, including optional tasks. If San Mateo decides the optional tasks are not required, then the scope of work is $98,954. The following figures provide the cost and schedule for each task of this project.

Trussell Technologies Inc. | Pasadena | San Diego | Oakland |

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2023 Fees
2024 Fees
Trussell Technologies Inc. | Pasadena | San Diego | Oakland |

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8798 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Fiscal Year 2024-25 Water Quality Control Plant Supply of Chemicals – Contracts RECOMMENDATION:

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

BACKGROUND:

The Water Quality Control Plant (WQCP) uses chemicals to treat wastewater in accordance with applicable regulatory requirements. The City is a member of the Bay Area Chemical Consortium (BACC), which conducts a competitive bidding process for its member agencies annually. The City participates in the BACC, along with other municipalities, to competitively bid the cost of chemicals needed during the treatment of wastewater.

Sodium Hypochlorite
The WQCP uses sodium hypochlorite as a disinfecting reagent in the chlorination treatment process. The chlorination process is a requirement of the City’s National Pollutant Discharge Elimination System permit. This contract provides the supply and delivery of 400,000 gallons of this chemical product. The BACC bid results are summarized below:

Contractor Bid Amount Contract Amount
Univar Solutions USA, Inc. $3.28/gal + 9.625% sales tax $1,438,280 Olin Corporation $3.29/gal + 9.625% sales tax $1,442,665

Based on the low bid of $3.28 per gallon, staff recommends awarding the contract to Univar Solutions USA, Inc. for the supply of sodium hypochlorite. The contract term is 12 months and the price is to remain firm for the entire period.

Sodium Bisulfite
The WQCP uses sodium bisulfite as a dechlorination reagent in the final wastewater treatment process prior to discharging to the San Francisco Bay. The dechlorination process is a requirement of the City’s National Pollutant Discharge Elimination System permit. This contract provides the supply and delivery of 200,000 gallons of this chemical product. The BACC bid results for sodium hypochlorite are summarized below:

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Contractor Bid Amount Contract Amount
Thatcher Company of California, Inc. $1.64/gal + 9.6255% sales tax $359,570 Univar Solutions USA, Inc. $2.045/gal + 9.625% sales tax $448,366

Based on the low bid of $1.64 per gallon, staff recommends awarding the contract to Thatcher Company of California, Inc. for the supply of sodium bisulfite. The contract term is 12 months and the price is to remain firm for the entire period.

Ferric Chloride
The WQCP uses ferric chloride for the control of hydrogen sulfide formation, an odorous compound, in the anaerobic digestion process that produces methane. Controlling hydrogen sulfide levels is a requirement of the Bay Area Air Quality Management District. This contract includes the supply and delivery of an estimated 300 dry tons of chemical product.

The BACC bid results for sodium hypochlorite are summarized below:

Contractor Bid Amount Contract Amount
Kemira Water Solutions, Inc. $1,499/dry ton + 9.625% sales tax $492,984 Pencco, Inc. $1,700/dry ton + 9.625% sales tax $559,088 Univar Solutions USA, Inc. No Bid No Bid

Based on the low bid of $1,499 per dry ton, staff recommends award of the contract to Kemira Water Solutions, Inc. for the supply of ferric chloride. The term of the contract is 12 months and the price is to remain firm for the entire period.

Sodium Hydroxide
The WQCP uses sodium hydroxide to adjust the pH in the influent prior to entering the biological nutrient removal and the biological contact tank in the bioactiflo system. This contract provides for supply and delivery of 450 dry tons of this chemical product. The BACC bid results for sodium hydroxide are summarized as follows:

Contractor Bid Amount Contract Amount
Brenntag Pacific, Inc. $799.00/dry ton + 9.625% sales tax $394,157 Univar Solutions USA, Inc. $836.25/dry ton + 9.625% sales tax $412,533

Based on the low bid of $799.00 per dry ton, staff recommends award of the contract to Brenntag Pacific, Inc. for the supply of sodium hydroxide. The term of the contract is 12 months and the price is to remain firm for the entire period.

Citric Acid
The WQCP uses citric acid as a cleaning agent for the membranes in the membrane bioreactors. This contract provides for supply and delivery of 8,000 gallons of this chemical product. The BACC bid results for citric acid are summarized as follows:

Contractor Bid Amount Contract Amount
NorthStar Chemical $6.45/gal + 9.625% sales tax $56,567 Univar Solutions USA, Inc. $8.39/gal + 9.625% sales tax $73,580 Brenntag Pacific, Inc. $8.70/gal + 9.625% sales tax $76,299 The BACC has awarded this supply to Brenntag Pacific, Inc. based on the overall supply costs for the region. Based on the BACC award, staff recommends award of the contract to Brenntag Pacific, Inc. for the supply of citric acid. The term of the contract is 12 months and the price is to remain firm for the entire period.

BUDGET IMPACT:

Funding is budgeted for the supply of chemicals in the Water Quality Control Plant operating budget.

ENVIRONMENTAL DETERMINATION:

The purchase of chemicals to enable the treatment of wastewater is not a project subject to CEQA, because it is a

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continuing maintenance activity involving the purchase of supplies. (CEQA Guidelines Section 15378(b)(2).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Univar Solutions USA, Inc. Contract for Sodium Hypochlorite Att 2 – BACC Award Letter for Sodium Hypochlorite
Att 3 – Thatcher Company of California, Inc. Contract for Sodium Bisulfite Att 4 – BACC Award Letter for Sodium Bisulfite
Att 5 – Kemira Water Solutions, Inc. Contract for Ferric Chloride Att 6 – BACC Award Letter for Ferric Chloride
Att 7 – Brenntag Pacific, Inc. Contract for Sodium Hydroxide Att 8 – BACC Award Letter for Sodium Hydroxide
Att 9 – Brenntag Pacific, Inc. Contract for Citric Acid Att 10 – BACC Award Letter for Citric Acid

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
William Shankles, Acting Operations Superintendent
[email protected]
650-522-7376

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CITY OF SAN MATEO
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7 2

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3 2
4 CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F SODIUM HYPOCHLORITE
FROM UNIVAR SOLUTIONS USA INC.

JULY 1, 2024 TO JUNE 30, 2025
THIS P UR C HAS E AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CIT Y ” , U n i v a r S o l u t i o n s U S A L L C . , a corporation, with offices 8201 S. 212 th, Kent, WA 98032, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given on the date hereof, the CITY awarded the Contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 400,000 GALLONS OF SODIUM HYPOCHLORITE 12.5%.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $1,438,280.00 (One million four hundred thirty-eight thousand two hundred and eighty dollars and no cents), priced at $3.28 per gallon of Sodium Hypochlorite 12.5%, and inclusive of 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 13-2024, Supply and Delivery of Sodium Hypochlorite 12.5%, In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

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4 All of the above-named documents are intended to cooperate, so that any work called for

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in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1,2024 and June 30, 2025.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating SODIUM HYPOCHLORITE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all of the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of SODIUM HYPOCHLORITE to the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.

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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. SODIUM HYPOCHLORITE will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code, then it is requested to provide a toll- f r e e telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of SODIUM HYPOCHLORITE will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY's order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of SODIUM HYPOCHLORITE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Hypochlorite
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have

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the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by Water Quality Control Plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the Water Quality Control Plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Sodium Hypochlorite.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general

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aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

4.Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

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

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

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

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

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

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

19. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

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

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

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

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

24. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

25. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

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26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER. [SIGNATURE PAGE FOLLOWS]

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

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ Joe Serna, Vice President Matt Fabry Public Works Director
APPROVED AS TO FORM:
______________________________________ ________________________________ Linh Nguyen
Assistant City Attorney

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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 18, 2024
Univar Solutions USA LLC
ATTN Jennifer Perras
8201 S 212th St.

Kent, WA 89032
RE: Regional Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 13-2024 for Supply and Delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA LLC for Bid No. 13-2024 was determined to be the lowest responsive bid for the supply and delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions during the period July 1, 2024 through June 30, 2025.

The participating BACC Agencies from the above regions should be contacting you shortly to discuss entering into contracts with Univar Solutions USA LLC for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium

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Bay Area Clean Water Agencies
Bid Results for Project 13‐2024 SODIUM HYPOCHLORITE 12.5% Bid Due on February 22, 2024  4:00 PM (PDT)
REGIONAL BID AWARD
Section
Sodium Hypochlorite

12.5% In Carboys
(OPTIONAL BID ITEM)
SODIUM

HYPOCHLORITE

5.25% (Optional
bid item)
Description Central Valley East  Bay
Marin Sonoma
Napa North  Bay Peninsula Sacramento South  Bay Tri  Valley Central  Valley North Bay Marin Sonoma Napa Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal gal gal Univar Solutions USA LLC. 3.2500 3.2300 3.2500 3.2100 3.2800 3.3100 3.2500 3.2700 no  bid no  bid no  bid no  bid SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5% In
275‐gal totes (Optional bid item)

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6 CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY OF SODIUM BISULFITE
FROM THATCHER COMPANY, INC.

JULY 1, 2024 TO JUNE 30, 2025
THIS P UR C HAS E AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", Thatcher Company, Inc., a corporation, with an address at PO Box 27407 Salt Lake City, UT 84127, hereinafter referred to as "SUPPLIER".

R E C I T A L S:
(A) City has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter descri bed, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given on the date hereof, the CITY awarded the contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform t h e work as described: SUPPLY OF UP TO 200,000 GALLONS OF SODIUM BISULFITE 25% SOLUTION.

2. Contract Price. CITY shall pay, the SUPPLIER shall accept, in full payment for the work above agreed to the sum not to exceed $359,570.00 (three hundred fifty-nine thousand five hundred seventy dollars and no cents), inclusive of 9.625% sales tax and priced at $1.64 per gallon of Sodium Bisulfite 25% solution.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 11-2024, Supply and Delivery of Sodium Bisulfite 25% Solution. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents:

This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will

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6 hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of
SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause.

Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one-year contract and will cover the period between July 1, 2024 and June 30, 2025.

6. Measurement of Quantities, Material Analysis and Identification. The SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating SODIUM BISULFITE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager's designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all of the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of SODIUM BISULFITE to the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, the SUPPLIER shall forthwith report the same to the CITY in writing. The SUPPLIER shall at all times observe and comply with

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6 all such existing, adopted and amended laws, ordinances, regulations and orders.

SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating condition.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. SODIUM BISULFITE will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code then it is requested to provide a toll-free telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of SODIUM BISULFITE will generally be prescheduled to provide the SUPPLIER with at least three (3) days’ notice before delivery must be made, but the SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY’s order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within 3 hours. In the event the SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of the SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. The SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of SODIUM BISULFITE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Bisulfite
c) Weighmaster's certificate of weight
d) Applicable regulatory documents

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

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance. All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by Water Quality Control Plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the Water Quality Control Plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Sodium Bisulfite.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the Contract, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods, such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:

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

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

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

4.Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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

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

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6 Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

Waiver of Subrogation
SUPPLIER hereby grants to CITY a waiver of any right to subrogation which any insurer of said SUPPLIER may acquire against the CITY by virtue of the payment of any loss under such insurance. SUPPLIER agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

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

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

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

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

19. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss,

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6 liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

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

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract.

The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

23. Mediation. Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request.

The mediator shall be agreed to by the mediating parties; in the absence of a contract, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

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

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6 24. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

25. Provisions Cumulative. The provisions of this contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER.
[SIGNATURE PAGE FOLLOWS]

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

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ Michael Mitchell, President Matt Fabry
Public Works Director
*If a Corporation, can be either 1) President or
2) Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall
sign below
APPROVED AS TO FORM:
______________________________________ ________________________________ Linh Nguyen,
Assistant City Attorney

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6 172 of 671

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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 18, 2024
Thatcher Company of California, Inc.

ATTN Michael T. Mitchell
PO Box 27407
Salt Lake City, UT 84127
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 11-2024 for Supply and Delivery of SODIUM BISULFITE.

Dear Mr. Mitchel,
We are pleased to advise you that the bid submitted by Thatcher Company of California, Inc. for Bid No. 11-2024 was determined to be the lowest responsive bid for the supply and delivery of SODIUM BISULFITE during the period July 1, 2024 through June 30, 2025.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Thatcher Company of California, Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
a
s Coordinating Agency for the Bay Area Chemical Consortium

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Bay Area Clean Water Agencies
Bid Results for Project 11‐2024 SODIUM BISULFITE
Bid Due on February 22, 2024  4:00 PM (PDT)
SINGLE BID AWARD
Section
Description Central  Valley East Bay Marin Sonoma Napa North  Bay Peninsula Sacramento South  Bay Central  Valley East Bay  Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal Thatcher Company of California, Inc. 1.6400 1.6400 1.6400 1.6400 1.6400 1.6400 1.6400 2.8000 4.0700 2.7400 SODIUM BISULFITE 40% SolutionSodium Bisulfite 25%

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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F FERRIC CHLORIDE FROM
KEMIRA WATER SOLUTION INC.

JULY 1, 2024 TO JUNE 30, 2025
THIS P UR C HAS E AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY”, Kemira Water Solutions Inc., a corporation, with offices at 4321 W. 6 t h Street, Lawrence, KS 66049, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given on the date hereof, the CITY awarded the Contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF up to 300 DRY TONS OF 38-42% FERRIC CHLORIDE.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $492,984.00 (four hundred ninety-two thousand nine hundred and eighty-four dollars and no cents), priced at $1499 per dry ton of 38-42% Ferric Chloride, and inclusive of 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 06-2024, Supply and Delivery of Ferric Chloride 38-42%. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, so that any work called for

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in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1, 2024 and June 30, 2025.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating FERRIC CHLORIDE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all of the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of FERIC CHLORIDE to the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.

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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. FERRIC CHLORIDE will be furnished F.O.B. Destination City of San Mateo W a t e r Q u a l i t y C o n t r o l Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code, then it is requested to provide a toll- f r e e telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of FERRIC CHLORIDE will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY's order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Wat e r Q u a l i t y C o n t r o l Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of FERRIC CHLORIDE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Ferric Chloride
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have

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the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by Water Quality Control Plant personnel cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the Water Quality Control Plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of FERRIC CHLORIDE.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general

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aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

4.Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

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

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

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

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

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

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

19. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

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

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

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

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

24. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

25. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

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26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER. [SIGNATURE PAGE FOLLOWS]

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

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ Christina Imbrogno Matt Fabry Commercial Support Manager Public Works Director APPROVED AS TO FORM:
_____________________________________ ________________________________ Gayla Walker Linh Nguyen,
Commercial Support Specialist Assistant City Attorney

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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco

March 18, 2024

Kemira Water Solutions, Inc.

Attn: Christina Imbrogno
4321 W. 6
th St.

Lawrence, KS, 66049

RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 06-2024 for Supply and Delivery of FERRIC CHLORIDE.

Dear Ms. Imbrogno,

We are pleased to advise you that the bid submitted by Kemira Water Solutions, Inc. for Bid No. 06-2024 was determined to be the lowest responsive bid for the supply and delivery of FERRIC CHLORIDE during the period July 1, 2024 through June 30, 2025.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Kemira Water Solutions, Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected]

Sincerely,

Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium

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Bay Area Clean Water Agencies
Bid Results for Project 06‐2024 FERRIC CHLORIDE
Bid Due on February 22, 2024  4:00 PM (PDT)
SINGLE BID AWARD
Section
Description Central  Valley East  Bay Marin  Sonoma Napa North  Bay Peninsula Sacramento South  Bay Tri  Valley Unit of Measure dry ton dry  ton dry  ton dry  ton dry  ton dry  ton dry  ton dry  ton Kemira Water Solutions, Inc 1,470.0000 1,380.0000 1,573.0000 1,573.0000 1,499.0000 1,499.0000 1,490.0000 1,490.0000 FERRIC CHLORIDE

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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT
FOR SUPPLY O F Sodium Hydroxide F R O M
BRENNTAG PACIFIC INC.

JULY 1, 2024 TO JUNE 30, 2025
THIS P UR C HAS E AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CIT Y ” , B r e n n t a g P a c i f i c I n c . , a corporation, with offices at 10747 Patterson Place, Santa Fe Springs, CA 90670, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given on the date hereof, the CITY awarded the Contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 450 Dry Tons of Sodium Hydroxide 25%.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $394,157 (three hundred ninety-four thousand one hundred fifty-seven dollars and no cents), priced at $799 per Dry Ton of Sodium Hydroxide 25%, and inclusive of 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 05-2024, Supply and Delivery of Sodium Hydroxide 25%, a n d shall be paid as described in this Contract. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, so that any work called for

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in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1,2024 and June 30, 2025.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating Sodium Hydroxide, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all of the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of Sodium Hydroxide t o the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.

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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. Sodium Hydroxide will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

If SUPPLIER is located outside the (650) area code, then it is requested to provide a toll- f r e e telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of S o d i u m H y d r o x i d e w i l l generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY's order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of Sodium Hydroxide w i l l be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Hydroxide
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have

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the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by Water Quality Control Plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the Water Quality Control Plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Sodium Hydroxide.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general

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aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

4.Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

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

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

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

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

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

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

19. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

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

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

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

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

24. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

25. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

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26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER. [SIGNATURE PAGE FOLLOWS]

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

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ W. Thomas Crain Jr. Matt Fabry President Public Works Director APPROVED AS TO FORM:
______________________________________ ________________________________ Linh Nguyen
Assistant City Attorney

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March 18, 2024
Brenntag Pacific, Inc.

Attn: Laura Tua
10747 Patterson Place
Santa Fe Springs, CA 90670
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 12-2024 for Supply and Delivery of Sodium Hydroxide 20% Marin Sonoma Napa; Sodium Hydroxide 25% Marin Sonoma Napa, Peninsula, South Bay, Tri Valley; Sodium Hydroxide 30% Marin Sonoma Napa, South Bay; Sodium Hydroxide 50% Marin Sonoma Napa, Tri Valley regions.

Dear Ms. Tua,
We are pleased to advise you that the bid submitted by Brenntag Pacific, Inc. for Bid No. 12-2024 was determined to be the lowest responsive bid for the supply and delivery of Sodium Hydroxide 20% Marin Sonoma Napa; Sodium Hydroxide 25% Marin Sonoma Napa, Peninsula, South Bay, Tri Valley; Sodium Hydroxide 30% Marin Sonoma Napa, South Bay; Sodium Hydroxide 50% Marin Sonoma Napa, Tri Valley regions during the period July 1, 2024 through June 30, 2025.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Brenntag Pacific, Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco

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Bay Area Clean Water Agencies
Bid Results for Project 12-2024 SODIUM HYDROXIDE
Bid Due on February 22, 2024 4:00 PM (PDT)

REGIONAL BID AWARD
Section SODIUM HYDROXIDE 20% (Caustic)
Marin Sonoma NaSacramento
SODIUM HYDROXIDE 25% (Caustic)
Marin Sonoma
SODIUM HYDROXIDE 30% (Caustic) SODIUM HYDROXIDE 50% (Caustic) MarinMarin
Sonoma Napa North Bay
2,100.0000 762.0000
Description
Brenntag Pacific, Inc.

Central Valley Napa Peninsula
898.0000 799.0000
Sacramento South Bay
879.8000 845.0000
Tri Valley
810.5000
Sacramento
873.0000
South Bay
2,200.0000
Central Valley East Bay
699.0000 679.0000
Sonoma Napa North Bay
669.9000 677.0000
Sacramento Tri Valley
715.0000 672.0000998.0000 988.0000 862.0000

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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT
FOR SUPPLY O F Citric Acid FROM
BRENNTAG PACIFIC INC.

JULY 1, 2024 TO JUNE 30, 2025
THIS P UR C HAS E AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CIT Y ” , B r e n n t a g P a c i f i c I n c . , a corporation, with offices at 10747 Patterson Place, Santa Fe Springs, CA 90670, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given on the date hereof, the CITY awarded the Contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 8,000 GALLONS OF Citric Acid 50 %.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $76,299.00 (seventy-six thousand two hundred ninety-nine dollars), priced at $8.70 per gallon of Citric Acid 50%, and inclusive of 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 05-2024, Supply and Delivery of Citric Acid 50%, a n d shall be paid as described in this Contract. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, so that any work called for

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in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1,2024 and June 30, 2025.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating Citric Acid, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of Citric Acid to the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.

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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. Citric Acid will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

If SUPPLIER is located outside the (650) area code, then it is requested to provide a toll- f r e e telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of C i t r i c A c i d will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY's order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of Citric Acid will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Citric Acid
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have

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the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by Water Quality Control Plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the Water Quality Control Plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Citric Acid.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general

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aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

4.Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

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

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

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

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

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

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

19. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

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

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

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

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

24. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

25. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

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26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER. [SIGNATURE PAGE FOLLOWS]

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

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ W. Thomas Crain Jr. Matt Fabry President Public Works Director APPROVED AS TO FORM:
______________________________________ ________________________________ Linh Nguyen
Assistant City Attorney

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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 18, 2024
Brenntag Pacific, Inc.

ATTN: Laura Tau
10747 Patterson Place
Santa Fe Springs, CA 90670
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 05-2024 for Supply and Delivery of CITRIC ACID.

Dear Ms. Tau,
We are pleased to advise you that the bid submitted by Brenntag Pacific, Inc. for Bid No. 05-2024 was determined to be the lowest responsive bid for the supply and delivery of CITRIC ACID during the period July 1, 2024 through June 30, 2025.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with UBrenntag Pacific, Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
a
s Coordinating Agency for the Bay Area Chemical Consortium

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Bay Area Clean Water Agencies
Bid Results for Project 05‐2024 CITRIC ACID
Bid Due on February 22, 2024 4:00 PM (PDT)
SINGLE BID AWARD
Section CITRIC ACID dry material
Description Marin  Sonoma Napa North  Bay Peninsula Sacramento Tri  Valley Unit of Measure gal gal gal lb
Brenntag Pacific, Inc. 9.9500 8.1500 8.7000 11.1500 1.8000 CITRIC ACID 48%‐52% Liquid

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8799 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Water Quality Control Plant Supply of Liquid Emulsion Polymer – Contract RECOMMENDATION:

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

BACKGROUND:

The Water Quality Control Plant (WQCP) uses liquid emulsion polymer for the dewatering of biosolids. Polymer use is critical for the dewatering process. The lower the water content in the biosolids, the lower the transportation costs associated with disposal hauling.

The current supplier, SNF Polydyne, has provided a custom-blended polymer that has been tested and optimized for the WQCP’s biosolids. Staff recommends the continued use of this same polymer blend, Clarifloc WE-1273 and WE-1728, from SNF Polydyne because it performs well and produces the results needed to maintain day-to-day WQCP operations. The testing of different polymer blends from other chemical vendors would be a labor-intensive task, requiring additional performance optimization testing. San Mateo Municipal Code section 3.60.050(b) authorizes procurement without competitive bidding procedures when calling for bids is impracticable, unavailing, or impossible. A contract with SNF Polydyne is appropriate pursuant to these standards since SNF Polydyne is the sole-source provider of its polymer blend, Clarifoc WE-1273 and WE-1728, which has shown superior performance results. Therefore, staff recommends the purchase of polymer from SNF Polydyne. The contract includes the supply and delivery of 257,890 pounds of the chemical product.

Contractor Bid Amount Contract Amount*
SNF Polydyne $1.85/lb + 9.625% sales tax $523,018
The unit price bid for SNF Polydyne was $1.85 per pound. The term of the contract is 12 months, and the price is to remain firm for the entire period. Including sales tax and tariff, the total cost to the City is approximately $523,018.

BUDGET IMPACT:

Funding is budgeted for the supply of chemicals in the Water Quality Control Plant Operations Program Budget.

ENVIRONMENTAL DETERMINATION:

This Council action is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies and a government fiscal activity which does not involve any commitment to any specific project which may

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CITY OF SAN MATEO
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result in a potentially significant physical impact on the environment. (CEQA Guidelines Sections 15378(b)(2); 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract
Att 3 – Polydyne Quote & Sole Source Letter

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
William Shankles, Acting Water Quality Control Plant Operations Superintendent [email protected]
650-522-7376

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6 CITY OF SAN MATEO
RESOLUTION NO. (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH SNF POLYDYNE FOR

SUPPLY OF LIQUID EMULSION POLYMER
WHEREAS, the Water Quality Control Plant uses Liquid Emulsion Polymer for the dewatering of biosolids; and
WHEREAS, SNF Polydyne provides a custom-blended polymer that has been tested and optimized for the plant’s biosolids; and
WHEREAS, SNF Polydyne is a sole source provider of the custom-blended polymer; and WHEREAS, retesting of polymer blends from other chemical vendors would be a labor-intensive task, requiring additional performance optimization testing; and WHEREAS, in accordance with Municipal Code section 3.60.050 (b) agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing, or impossible and the City Council sets forth findings designating the reasons; and
WHEREAS, City staff recommends approval of the agreement with SNF Polydyne for the supply of Liquid Emulsion Polymer; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS and RESOLVES that:

1. This Council action is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies and a government fiscal activity which does not involve any commitment to any specific project which may result in a potential significant physical impact on the environment (CEQA Guidelines Sections 15378(b)(2); 15378(b)(4)).

2. In accordance with Municipal Code section 3.60.050 (b), calling for bids would be impracticable because:
a) A custom-blended polymer has been tested and optimized for the plant’s biosolids; b) SNF Polydyne is the only provider of this custom-blended polymer; and c) Retesting of different polymer blends would be labor-intensive, requiring additional optimization.

3. The agreement with SNF Polydyne, for the supply of liquid emulsion polymer in the amount not to exceed of $523,018 is approved.

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

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7 CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY OF POLYMER FROM

SNF POLYDYNE
JULY 1, 2024 TO JUNE 30, 2025
THIS P UR C HAS E AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", S N F P o l y d y n e , a corporation, with office 1 Chemical Plant Road, Riceboro GA 31323, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) CITY desires to engage SUPPLIER to provide these liquid emulsion polymers by reason of its qualifications and experience and SUPPLIER has offered to provide the required good on the terms and in the manner set forth within.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 257,890 POUNDS OF LIQUID EMULISION POLYMER.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $523,018 (five hundred twenty-three thousand and eighteen dollars and no cents), priced at $1.85 per pound of liquid emulsion polymer, and inclusive of 9.625% sales tax and tariff fees.

In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract, Contract Resolution, and Sole Source Letter.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, so that any work called for

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in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1, 2024 and June 30, 2025.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating LIQUID EMULSION POLYMER, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager' designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all of the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of LIQUID EMULSION POLYMER to the City of San Mateo, Wa t e r Q u a l i t y C o n t r o l Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.

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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating condition.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. LIQUID EMULSION POLYMER will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 275-gallon totes.

If SUPPLIER is located outside the (650) area code, then it is requested to provide a toll- f r e e telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of LIQUID EMULSION POLYMER will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY's order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Rejection. All shipments of LIQUID EMULSION POLYMER will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Liquid emulsion polymer
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have

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the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

13. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

14. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by water quality control plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the water quality control plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of liquid emulsion polymer.

15. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

16. Insurance.

Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general

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aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

4.Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

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

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

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

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

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

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

18. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

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

20. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

21. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

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

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

23. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

24. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

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25. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

26. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER. [SIGNATURE PAGE FOLLOWS]

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

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
Marc Schlag
Vice President
Matt Fabry
Public Works Director
*If a Corporation, can be either 1) President
or 2) Vice President plus an additional
corporate officer (i.e., Secretary, Treasurer)
who shall sign below
APPROVED AS TO FORM:

Boyd Stanley
Sr. Vice President
Linh P. Nguyen
Assistant City Attorney

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polydyneinc.com

SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659

Emailed to: [email protected], [email protected]

May 17, 2024

Mr. Will Shankles
Operations Shift Supervisor | WQCP Public Works
City of San Mateo
2050 Detroit Drive
San Mateo, CA 94404

Subject: Polymer Price Quote

Dear Mr. Shankles,

Please accept this letter as Polydyne Inc.’s proposal that we are the sole source manufacturer and supplier of the following product supplied to the City of San Mateo:

CLARIFLOC™ WE-1273

A sole source declaration is a frequently used method by which municipal customers can secure the purchase of goods that have proven efficacy in their process and cannot be obtain from any other source.

The above-named CLARIFLOC™ polymers have a molecular structure, molecular weight, and particular raw material components that are unique to Polydyne’s CLARIFLOC™ product line. CLARIFLOC™ is Polydyne’s trademark and no other vendor is authorized to supply these products.

For the period of July 1st, 2024 through June 30th, 2025 Polydyne Inc. shall commit to manufacture, maintain inventory, and supply the City of San Mateo with CLARIFLOC™ WE-1273, or a similar CLARIFLOC™ polymer at the price of $1.85 per pound. All applicable taxes will appear as a separate line item on invoices.

Thank you for your business. If you have any questions or need any additional information, please feel free to contact Sarah Ben-Yoseph, Technical Sales Representative, at (415) 404-2138 or by email at sben- [email protected].

Best regards,

Boyd Stanley
Sr. Vice-President

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 10-4679 File ID: 24-8805 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Stormwater Fee for County Tax Rolls – Agreement
RECOMMENDATION:

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

BACKGROUND:

The City operates and maintains a stormwater system, which provides vital services to safeguard neighborhoods from flooding and protects local waterways from pollution. The system consists of complex infrastructure including surface drains, underground pipes and conduits, pump stations, creeks and channels, and the Marina Lagoon. The City’s stormwater system requires improvements to address flood control capacity limitations and deficiencies related to aging infrastructure, enhanced operations and maintenance, and improvements to minimize pollutants in stormwater runoff as required by state and federal mandates.

On January 16, 2024, following passage of the Community Flood and Storm Protection Fee (Fee) by mail ballot, City Council adopted a resolution ordering the levy of the Fee for Fiscal Year 2024-25. The Fee, expected to generate approximately $4,000,000 in the first fiscal year, includes a maximum annual increase of 3% based on the Consumer Price Index (CPI), subject to City Council approval. To authorize fee collection by the County of San Mateo Controller’s Office on property tax rolls, the City is required to provide parcel fee information and to execute a Special Charge Agreement (Agreement) with the County. The Agreement lays out terms, conditions and fees, which is projected to be $1.42/parcel, or approximately $40,000 per year, to administer the fee. This Agreement shall automatically renew containing the same terms and conditions for each subsequent fiscal year thereafter unless either party notifies the other party of its intention not to renew.

Staff recommends approval of the Agreement and initiating fee collection for Fiscal Year 2024-25.

BUDGET IMPACT:

For Fiscal Year 2024-25, the compensation fee to the County is expected to be approximately $40,000. This amount will be deducted from the funds collected for the Stormwater Fee, which is projected to be approximately $4,000,000.

ENVIRONMENTAL DETERMINATION:

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

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CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Special Charge Agreement

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

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5 AGREEMENT FOR COMPENSATION

TO COUNTY OF SAN MATEO FOR COLLECTION

OF SPECIAL CHARGES
THIS AGREEMENT, is entered into this _____ day of _________ 20__, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and CITY OF SAN MATEO; W I T N E S S E T H:

WHEREAS, as a service to cities, special districts, and other taxing entities (the “Taxing Entities”), the County collects certain special charges through the countywide property tax bill and, in exchange for collecting such special charges, the County is compensated pursuant to agreements with each of the affected Taxing Entities.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Term, Renewal, and Termination
This Agreement shall be in full force and effect for the billing and collection of special charges by the County for and on behalf of CITY OF SAN MATEO for a period of one (1) year commencing July 1, 2024, for the FY 2024-25.

This Agreement shall automatically renew containing the same terms and conditions for Fiscal Year 2024-25 and each subsequent fiscal year thereafter unless either party notifies the other party in writing at least ninety (90) days prior to the close of the fiscal year of its intention not to renew.

2. Determination of Special Charges
No later than August 1st of each fiscal year that this Agreement remains in effect, CITY OF SAN MATEO shall provide, in electronic format (diskette, CD, magnetic tape, or electronic mail), a complete list of its special charges that are to be included in the County’s annual tax billing to the County of San Mateo’s Controller’s Office.

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5 3. Inclusion of Special Charges; Collection and Remittance In consideration for the payments set forth herein, the County shall include the special charges levied by CITY OF SAN MATEO as part of the County’s annual tax roll and tax bill. The County shall collect amounts based upon CITY OF SAN MATEO’s list of special charges, as referenced in Section 2 above, for CITY OF SAN MATEO and shall remit the same to CITY OF SAN MATEO at the same time and in the same manner as provided for other public agencies for whom the County acts as a collecting agent.

4. Compensation
As compensation for services to be performed by the County pursuant to this Agreement, CITY OF SAN MATEO agrees to pay the County, commencing with the Fiscal Year 2024-25, according to the following fee schedule:
(a) $1.42 per parcel for each special charge to be collected unless the aggregate amount of the fees to be paid pursuant to this subsection (a) exceeds 5% of total special charge collected by the County on behalf of CITY OF SAN MATEO pursuant to this Agreement, in which case CITY OF SAN MATEO agrees that, as payment pursuant to this subsection, it will pay the County an amount equal to 5% of such total special charge collected by the County. The parties further agree that the “per parcel” fee set forth herein shall be subject to a percentage increase or decrease each fiscal year in accordance with the annual change in the County Labor Service Charge rate announced by the County Manager’s Office in connection with the County’s budgeting process.
(b) $25 for each correction submitted by CITY OF SAN MATEO to the tax roll after the tax roll has been prepared to the extent such corrections are necessary due to errors in the proofs approved by CITY OF SAN MATEO prior to August 10th.
(c) If the aggregate amount of the fees to be paid pursuant to subsection (a) above are equal to or less than $10.00, then such fees will be waived due to their immaterial fiscal impact.

5. Warranties; Hold Harmless
CITY OF SAN MATEO hereby warrants and represents, to the best of its knowledge, that the special charges do not violate applicable laws and regulations, including but not limited to Proposition 218, and further represents that the special charges are not illegal in any respect.

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5 CITY OF SAN MATEO agrees to indemnify and hold harmless the County, its officers, agents, and employees from all claims, suits, or actions of every name, kind, or description, brought for or on account of, the County’s collection of the special charges, including but not limited to the payment of any and all attorney’s fees. CITY OF SAN MATEO shall have the right to select counsel or to use its own counsel, in its discretion, in the County’s defense. The duty of CITY OF SAN MATEO to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

6. Merger Clause
This Agreement, including any exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto with respect to the subject matter herein and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement or specification set forth in this body of the agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this agreement, the provisions of this body of the agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding and are superseded. No subsequent modification of this Agreement shall be valid unless it is in writing and signed by the parties.

7. Controlling Law and Venue
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

8. Notices
Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when both (1) transmitted via facsimile to the telephone number listed below and (2) either deposited in the United State mail, postage prepaid, or when deposited for overnight delivery with an established overnight courier that provides a tracking number showing confirmation of receipt, for transmittal, charges prepaid, addressed to:

In the case of County, to: Juan Raigoza, Controller
555 County Center
Redwood City, CA 94063
Facsimile 650 363 7888
In the case of CITY OF SAN MATEO, to: Alex Khojikian, City Manager

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5 330 W. 20th Avenue
San Mateo, CA 94403
Facsimile 650 522 7001
In the event that the facsimile transmission is not possible, notice shall be given both by United States mail and an overnight courier as outlined above.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO
By:

Juan Raigoza, Controller, San Mateo County
Date:

CITY OF SAN MATEO
By:

Alex Khojikian, City Manager, City of San Mateo

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8708 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: June 17, 2024
SUBJECT:

November 5, 2024 General Municipal Election – Calling the District Election for Candidates RECOMMENDATION:

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

BACKGROUND:

A general municipal election for the City of San Mateo is scheduled for November 5, 2024 per the City’s Charter. This is the City’s second district-based election for electing City Council members. Districts 2 and 4 will hold their first elections by district during this election cycle. Districts 1, 3, and 5 held their first by district elections in 2022. A resolution is provided with this report to call the election, request consolidation with the County for conducting the election, and to identify the two at-large City Council Members whose seats term out December 9, 2024. The Council Members with terms ending are:

Amourence Lee and Rich Hedges.

BUDGET IMPACT:

The City Clerk’s Office has included a request of $225,000 for standard election costs in the proposed fiscal year 2024-25 budget If approved, during the June 17, 2024, budget adoption public hearing, the City will have sufficient costs to cover the costs of conducting the election. The Elections Services Agreement is included as Attachment 2.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Election Services Agreement

STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042

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CITY OF SAN MATEO
RESOLUTION NO. __ (2024)

A RESOLUTION CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF CERTAIN OFFICERS FOR SEATS REPRESENTING COUNCIL DISTRICTS 2 AND 4 AND

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN MATEO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION ON TUESDAY, NOVEMBER 5, 2024 WHEREAS, pursuant to the City of San Mateo’s Charter, and the laws governing elections in general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024 for the election of two City Council members, one each from Districts 2 and 4; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the County election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County election department of the County of San Mateo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, RESOLVES as follows:

SECTION 1. A General Municipal Election is hereby called and ordered within the City boundaries to be held in the City of San Mateo, State of California, on Tuesday, November 5, 2024, for the purpose of holding the City’s second District based elections to elect two City Council members to represent Districts 2 and 4 for terms commencing with the regular City Council meeting of December 9, 2024 and until the election and qualification of a successor at the general municipal election to be held the fourth year thereafter.

There are two at-large council members whose terms are expiring on December 9, 2024:

The City Council seats held by Amourence Lee and Rich Hedges SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. Nomination papers may be procured only from the City Clerk, who shall, at the time of issuance, sign, date, and place the name of the candidate and office sought. Nominations shall be filed with the City Clerk no earlier than July 15, 2024 and no later than 5:00 p.m. on August 9, 2024.

There will be no extended filing period as this is the second time the City has conducted district-based elections, and the first time for the subject districts, and as a result there are no incumbents for Districts 2 and 4.

SECTION 4. Candidates’ statements concerning their experience and qualifications, as required by Section 7.04 of the City Charter, shall be filed with the City Clerk not earlier than July 15, 2024, or by August 9, 2024. Such statement shall be accompanied by a photograph as required by said Section.

SECTION 5. The City Clerk shall publish, in the City’s adjudicated newspaper of general circulation, by two insertions therein, prior to the date for said election, the Candidates’ Statements required by Section 7.04 of the City Charter together with the photograph of said candidate.

SECTION 6. Pursuant to California Election Code Section 13307, each candidate for elective office for Districts 2 and 4, not earlier than July 15, 2024, or no later than August 9, 2024, may prepare a candidate’s statement to be published in the county voter information guide. The statement shall meet the requirements as

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Resolution No. __ (2024) Page 2 of 3
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3 set forth in California Election Code 13307. A charge shall not be levied against a candidate for the candidate’s statement sent to each voter.

SECTION 7. Pursuant to the requirements of California Election Code Section 10403, the Board of Supervisors of the County of San Mateo is hereby requested to consent and agree to consolidation of a general municipal election with the statewide election on Tuesday, November 5, 2024, and the municipal election hereby called for November 5, 2024 shall be consolidated with the countywide election to be held within the City on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the countywide election and as specified herein. The election shall be held and conducted in the manner prescribed by Elections Code section 10418. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 8. That pursuant to the requirements of California Election Code Section 10002, the Board of Supervisors of the County of San Mateo is hereby requested to permit the County Elections Official to render specified services to the City relating to the conduct of the election; and is hereby authorized to canvass the returns of said municipal election, and said election shall be held in all respects as if there were only one election and only one form of ballot. The County shall certify the results of the canvass of the returns of said election to the City Council of this City which shall thereafter declare the results thereof.

SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 10. That the City Clerk shall cause to be published a list of the nominees in the order in which they are to appear on the ballot and the respective offices for which they have been nominated. The notice shall be in the following form:

NOMINEES FOR PUBLIC OFFICE
NOTICE IS HEREBY GIVEN that a general municipal election will be held in the City of San Mateo on TUESDAY, the 5 th day of November 2024, for the following offices.

Members of the City Council, representing Districts 2 and 4.

The polls will be open between the hours of __________m. and __________ m.

SECTION 11. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill and the City Clerk is authorized to execute a service agreement for the provision of election services with the County of San Mateo with terms approved by the City Attorney and provided the costs of such services have been appropriated by the City Council.

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3 SECTION 12. The City Clerk and other City officers are directed to do all things necessary to meet the requirements of law for the conduct of the November 5, 2024, municipal election.

SECTION 13. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Elections Official for the County of San Mateo in the manner required by Elections Code Section 10403.

SECTION 14. Effective date. This resolution shall take effect upon adoption.

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SERVICE AGREEMENT FOR THE PROVISION OF ELECTION SERVICES

BETWEEN THE CITY OF AND

SAN MATEO COUNTY CHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER

This Service Agreement for the Provision of Election Services (“Agreement”), entered into this _______ day of _______________, 2024, by and between the City of (the “Municipality”) and San Mateo County Chief Elections Officer & Assessor – County Clerk – Recorder (the “Chief Elections Officer”);

WHEREAS, it is necessary and desirable that the Chief Elections Officer be retained for the purpose of conducting an election, described in more detail below, for the Municipality; and

WHEREAS, the Chief Elections Officer has been asked by the Municipality to conduct an election on , 2024 (the “Election”).

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

SERVICES TO BE PERFORMED BY THE MUNICIPALITY:

1) Within the time frame set by statute, the Municipality will request the Board of Supervisors, through the Chief Elections Officer, to conduct an election relating to the Municipality on , 2024 and will request the services of the Chief Elections Officer in relation to the Election.

2) The Municipality will publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on and/or the Notice to File Arguments For or Against any measure.

3) The Municipality will submit to the Chief Elections Officer the offices to be voted on and the measure ballot questions by 88 days prior to the Election. The Municipality will submit to the Chief Elections Officer the names and ballot destinations of the candidates to appear upon the ballot by 81 days prior to the Election.

4) The Municipality will prepare and deliver to the Chief Elections Officer the ballot pamphlet information containing, as applicable, candidate designations and statements, ballot measure(s), tax rate statement(s), impartial analyses, arguments for or against measures and rebuttals thereto.

5) The Municipality will review and sign off on the official ballot wording for measures.

6) The Municipality will complete any other non-delegable tasks required by law in relation to the Election.

7) The Municipality shall maintain records/maps regarding the boundaries of the Municipality and will notify the Chief Elections Officer of any changes/additions to those boundaries by 125 days prior to the Election.

SERVICES TO BE PERFORMED BY CHIEF ELECTIONS OFFICER:

1) The Chief Elections Officer will select the sample and official ballot printer(s) and translators.

2) The Chief Elections Officer will prepare and deliver all election information to the printers and translators.

3) The Chief Elections Officer will determine the appropriate translation and transliteration of all pertinent documents.

4) The Chief Elections Officer will issue, receive and process vote by mail ballots.

5) The Chief Elections Officer will set up ADA compliant Vote Centers, publish any required notices and conduct the Election.

6) The Chief Elections Officer will provide services for any official recount or election contest, if applicable.

7) The Chief Elections Officer will conduct all aspects of the Canvass of Votes Cast. Pursuant to Section 10262 of the Elections Code, the Chief Elections Officer will submit a Certificate of Chief Elections Officer to the Municipality’s governing body certifying the results of the Election.

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8) The Chief Elections Officer will conduct other various and miscellaneous election-related activities directly required to conduct the Election itself. To the extent that the Municipality has obligations under law to perform various duties that relate to the Election beyond those directly involved with conducting the Election, those duties remain the responsibility of the Municipality. If the Municipality wishes to have any such duties performed by the Chief Elections Officer, the parties must mutually agree in advance in writing to have the Chief Elections Officer perform such duties. By way of example only, if the Municipality is required to send certain notices or adopt resolutions relating to the Election, those duties remain duties of the Municipality.

TERMS:

This Agreement shall be in effect for the performance of all services incident to the preparation and conduct of the Election to be held on , 2024, including before and after said Election date.

In the event the Chief Elections Officer is unable to perform services required under this Agreement as a result of employer/employee relation conditions, vendor conditions, the unavailability of Federal, State, or County funds, COVID-19-related limitations, and/or other conditions beyond the control of the Chief Elections Officer, the Chief Elections Officer will be relieved of all obligations under this Agreement. The Chief Elections Officer may terminate this Agreement after giving 72 hours written notice, at which time the Chief Elections Officer will be relieved of all obligations under this Agreement.

This Agreement can be terminated by the Municipality upon 30 days written notice.

COST FOR SERVICES

In consideration of the performance of services and supplies provided by the Chief Elections Officer, including 1) any and all costs incurred during a recount or election contest that are not reimbursed by the voter requesting the recount or filing the contest as specified in the Elections Code and 2) any other costs associated with the Election, such as return postage costs and costs for ensuring voter accessibility, the Municipality shall pay to the Chief Elections Officer a sum equal to the full cost of the Election, including all such services, supplies, and other costs.

The Chief Elections Officer shall send an itemized invoice to the Municipality for all services provided pursuant to this Agreement after the Election is conducted and all related costs are determined. Payment on the full amount of the invoice shall be due and the Municipality shall submit payment to the County of San Mateo within forty-five (45) days of the date of the invoice (the “Due Date”). If the amount is not paid in full within this time, interest shall accrue monthly at a rate of 0.25% per month (equivalent to 3% annually) on the unpaid balance starting at the Due Date.

Thereafter, invoices will be sent and shall be payable within thirty (30) days of the date of the invoice, with interest being added each month for any unpaid balance.

MUNICIPALITY

Signature: _____________________________________ Date:_____________

Print Name: _____________________________________

Title:
_____________________________________

COUNTY

Signature: _____________________________________ Date: _____________

Print Name: _____________________________________

Title: _____________________________________

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8634 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Private Development and Right-of-Way Support Services – Agreements RECOMMENDATION:

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

BACKGROUND:

The Public Works Development Section is responsible for providing review and permitting for Wireless Permits within the public right-of-way. In 2021, Public Works updated San Mateo Municipal Code (SMMC) Chapter 17.10 "Wireless Communication Facilities in the Public Right-of-Way and the Design Standards” to apply to Wireless Permit applications involving new or existing wireless facilities within the public right-of-way.

Wireless Permits:

Public Works received 178 wireless permit applications in 2023. As required by the Federal Communications Commission (FCC), City staff must review Wireless Permit applications within a 90 days (60 days for installations on existing structures) review timeframe also known as the "shot clock.” The shot clock starts once the applicant submits the application and stops when the permit is approved, which includes the appeal process and decision. If staff cannot complete the review within the shot clock, the application is automatically deemed approved by existing federal law.

FCC RF Emission Compliance:

Pursuant to 47 U.S.C 332(c)(7), the City may not regulate the placement, construction, and modification of wireless service facilities to the extent that such facilities comply with the FCC’s regulations concerning radio frequency (RF) emissions.

Wireless Permit applications are required to include an RF compliance report prepared by an RF engineer to certify the proposed facility, as well as any collocated facilities and any cumulative emissions from adjacent areas, will comply with applicable FCC regulations.

These reports are prepared and stamped by licensed Electrical Engineers; however, City staff typically does not have the technical expertise to verify the calculations and results of these reports. Over the past year, the City has received public input voicing a desire for the City to peer review and verify RF Report calculations and results using independent third- party consultants.

Consultant Proposals:

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CITY OF SAN MATEO
In March 2024, Public Works issued a request for proposals (RFP) to multiple firms capable of providing RF Report review services on an on-call basis. In total, Public Works received responses from five (5) firms and evaluated those submissions based on the firms’ experience in RF Report preparation and/or review, the proposed firms’ staff qualifications, and the pricing structures. Ultimately, Public Works utilized those criteria to identify three (3) firms to consider awarding agreements for on-call RF Report review services. The firms selected by Public Works are:
•Envirobusiness, Inc. (d/b/a EBI Consulting)
•OSC Engineering
•Waterford Consultants, LLC
Conflicts of Interest:

These three firms have or currently provide services to wireless service providers (such as AT&T, Crown Castle, T-Mobile, and Verizon). These three firms have confirmed that they will cease working for providers within the City while under contract with the City and will not review any submitted reports that were previously created by their firm. These three firms are recommended for award to allow staff to assign RF Report reviews to avoid a firm from reviewing their own reports.

Contract Terms:

These firms will each enter into separate agreements with the City for approximately two-year terms ending on June 30, 2026, with up to two optional one-year extensions (with no contract value increases) pending performance review by staff.

Based on the above, staff recommends executing professional consultant agreements with EBI Consulting, OSC Engineering, and Waterford Consultants, LLC to provide RF Report review services for a term of two years, with two optional one-year extension, for not-to-exceed amounts of $100,000 for each agreement.

BUDGET IMPACT:

The expense of these RF Report review services will be fully cost recoverable as they will be charging to the wireless permit deposit accounts as set forth in the most current adopted fee schedule.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement with EBI Consulting
Att 2 – Agreement with OSC Engineering
Att 3 – Agreement with Waterford Consultants

STAFF CONTACT
Jason Hallare, Senior Engineer
[email protected]
650-522-7316

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AGREEMENT WITH EBI CONSULTING

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL RADIO FREQUENCY REVIEW SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and EnviroBusiness, Inc. d/b/a EBI Consulting a corporation (“CONSULTANT”), whose address is 21 B Street Burlington, MA 01803.

RECITALS:

A. CITY desires certain radio frequency report review services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon the execution of the Agreement and be completed on June 30, 2026, with up to two (2) optional one-year extensions by the CITY.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed, which approval shall not be unreasonably withheld, conditioned, or delayed. Undisputed fees shall be paid by CITY upon forty-five (45) days of receipt of payment request. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $100,000.00, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

CONSULTANT may terminate this Agreement for cause upon giving CITY not less than thirty (30) calendar days’ written notice for substantial failure by CITY to perform in accordance with the terms of this Agreement.

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

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

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

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

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

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work using that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

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

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

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

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

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

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

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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

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

To CITY: Jason Hallare, Senior Engineer
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: EnviroBusiness, Inc.

Attn: Nolan Previte
21 B Street
Burlington, MA 01803
SECTION 22 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and EBI CONSULTING have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matthew Fabry
Director of Public Works
Date Nolan Previte
Its Authorized Agent
President
Date

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Susan O’Shea
Chief Financial Officer
Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
RF Report Review Services
•Consultant shall track the total amount work performed for each Wireless Permit under that permit’s specific Wireless Permit number (WC#).
•RF Compliance Reports:
oPerform complete review of pre-construction RF compliance reports included with Wireless Permit Applications for compliance with Radio Frequency Radiation Exposure Limits of 47 C.F.R. §§ 1.1307(b)(3) and 1.1310.
oDraft comment letters for incomplete or unclear reports that do not conform to City Municipal Code, City Standards or FCC regulations for human exposure to RF emissions. oDraft approval letters.
oReview comment or approval letters must be provided within five (5) calendar days. •Post-Installation RF Reports:
oPerform complete review of post-installation RF reports provided after construction for compliance with approved Wireless Permit.
oDraft comment letters for incomplete or unclear reports that do not conform to City Municipal Code, City Standards or FCC regulations or FCC regulations for human exposure to RF emissions. oDraft approval letters.
•Coordination Meetings:
oAttend coordination meetings as necessary to provide technical advice to staff or seek clarification on standards and policies from staff.

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EXHIBIT B

FEE RATES

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

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

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

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

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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

CONSULTANT shall provide at least thirty (30) days prior written notice to the City of any cancellation of any of the coverages (ten (10) days for non-renewal).

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

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions above $100,000 must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

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

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AGREEMENT WITH OSC ENGINEERING

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL RADIO FREQUENCY REVIEW SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and OSC Engineering, a corporation, (“CONSULTANT”), whose address is 9450 Mira Mesa Boulevard Suite 309, San Diego, CA, 92126.

RECITALS:

A. CITY desires certain radio frequency report review services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon the execution of the Agreement and be completed on June 30, 2026, with up to two (2) optional one-year extensions by the CITY.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $100,000.00, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

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

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

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

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

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

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

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

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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

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

To CITY: Jason Hallare, Senior Engineer
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: OSC Engineering
Attn: Craig VanDyke
9450 Mira Mesa Blvd Ste. 309
San Diego, CA 92126
SECTION 22 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and OSC ENGINEERING have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matthew Fabry
Director of Public Works
Date Craig Van Dyke
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
RF Report Review Services
•Consultant shall track the total amount work performed for each Wireless Permit under that permit’s specific Wireless Permit number (WC#).
•RF Compliance Reports:
oPerform complete review of pre-construction RF compliance reports included with Wireless Permit Applications for compliance with Radio Frequency Radiation Exposure Limits of 47 C.F.R. §§ 1.1307(b)(3) and 1.1310.
oDraft comment letters for incomplete or unclear reports that do not conform to City Municipal Code, City Standards or FCC regulations for human exposure to RF emissions. oDraft approval letters.
oReview comment or approval letters must be provided within five (5) calendar days. •Post-Installation RF Reports:
oPerform complete review of post-installation RF reports provided after construction for compliance with approved Wireless Permit.
oDraft comment letters for incomplete or unclear reports that do not conform to City Municipal Code, City Standards or FCC regulations or FCC regulations for human exposure to RF emissions. oDraft approval letters.
•Coordination Meetings:
oAttend coordination meetings as necessary to provide technical advice to staff or seek clarification on standards and policies from staff.

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EXHIBIT B

FEE RATES

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

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

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

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

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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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

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

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

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

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

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5 AGREEMENT WITH WATERFORD CONSULTANTS, LLC

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL RADIO FREQUENCY REVIEW SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Waterford Consultants, LLC a limited liability company (“CONSULTANT”), whose address is 7430 New Technology Way Suite 150, Frederick, MD 21703.

RECITALS:

A. CITY desires certain radio frequency report review services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon the execution of the Agreement and be completed on June 30, 2026, with up to two (2) optional one-year extensions by the CITY.

SECTION 5 - PAYMENT
Payment shall be made by CITY (net-45 days) only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $100,000.00, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

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

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

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

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

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

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

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

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5 SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

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

To CITY: Jason Hallare, Senior Engineer
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Waterford Consultants, LLC
Attn: Thomas W Ferguson, CEO
7430 New Technology Way #150
Frederick, MD 21703
SECTION 22 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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5 IN WITNESS WHEREOF, CITY OF SAN MATEO and WATERFORD CONSULTANTS have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matthew Fabry
Director of Public Works
Date Jeffrey A. Ebihara
Its Authorized Agent
Vice President
Date

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
Linh Nguyen
Assistant City Attorney
Date Tom Ferguson
Chief Executive Officer
Date
Attachments:

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

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5 EXHIBIT A

SCOPE OF SERVICES
RF Report Review Services
•Consultant shall track the total amount work performed for each Wireless Permit under that permit’s specific Wireless Permit number (WC#).
•RF Compliance Reports:
oPerform complete review of pre-construction RF compliance reports included with Wireless Permit Applications for compliance with Radio Frequency Radiation Exposure Limits of 47 C.F.R. §§ 1.1307(b)(3) and 1.1310.
oDraft comment letters for incomplete or unclear reports that do not conform to City Municipal Code, City Standards or FCC regulations for human exposure to RF emissions. oDraft approval letters.
oReview comment or approval letters must be provided within five (5) calendar days. •Post-Installation RF Reports:
oPerform complete review of post-installation RF reports provided after construction for compliance with approved Wireless Permit.
oDraft comment letters for incomplete or unclear reports that do not conform to City Municipal Code, City Standards or FCC regulations or FCC regulations for human exposure to RF emissions. oDraft approval letters.
•Coordination Meetings:
oAttend coordination meetings as necessary to provide technical advice to staff or seek clarification on standards and policies from staff.

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5 EXHIBIT B

FEE RATES

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5 EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

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

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

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

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Professional Services Page 10 of 10
Rev 9/22
1 0
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5 Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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

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

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

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

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

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: CONSENT CALENDAR Account Number: 10-4679 File ID: 24-8810 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:

Storm Drain Master Plan Update - Budget Transfer and Amendment RECOMMENDATION:

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

BACKGROUND:

Recent events, including numerous heavy storms and flooding during the 2022-23 rainy season, have highlighted the City’s aging infrastructure deficiencies. The City’s Storm Drain Master Plan (SDMP), originally drafted in 2004, has not been updated for nearly two decades. Furthermore, due to insufficient funding resources, many of the improvements identified in the SDMP for capacity assurance have not been completed. However, the recent passage of the Community Flood and Storm Protection Fee provides the City with the financial means to revisit and update the SDMP and begin implementation of necessary storm system improvements.

In January 2024, staff issued a Request for Proposals (RFP) for the SDMP Update, with two proposals submitted by qualified engineering consulting firms. After evaluating the proposals and interviewing the consultant teams, staff selected Schaaf & Wheeler to provide services for the SDMP Update. Staff determined Schaaf & Wheeler was best qualified for this project due to their technical expertise and in-depth experience completing master plans for neighboring jurisdictions.

A portion of the scope of work for the SDMP Update is collection of high-resolution Light Detection and Ranging (LiDAR) data to provide bathymetric and topographic data of creeks/channels and the Marina Lagoon. To expedite collection of this data at the Marina Lagoon to support the City’s separate Marina Lagoon Spot Dredging Project, staff established an initial contract with Schaaf & Wheeler in an amount not to exceed $95,000 to collect LiDAR data for the Marina Lagoon.

Staff is now requesting Council approval of Amendment No. 1 to the initial contract in an amount of $1,009,190 to incorporate the full scope of services for the SDMP Update, including additional LiDAR data collection beyond the Marina Lagoon. Staff also recommends establishing a 10% contingency reserve to allow for scope modifications to address unknowns as the implementation of the SDMP proceeds. The term of the existing agreement is through December 31, 2025, unless amended, which is anticipated to be sufficient for completing the SDMP Update.

On November 6, 2023, Council allocated $600,000 in General Funds for LiDAR data acquisition as part of a larger $3 million allocation under the Wet Weather Preparation Activities Project. Implementation of LiDAR data acquisition work, including

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collection and interpretation of the data, has been incorporated into Schaaf & Wheeler’s SDMP scope of work and is at a lower cost than staff originally anticipated (approximately $150,000). Recognizing the importance of updating the SDMP quickly and that the new Community Flood and Storm Protection Fee revenues will not start being collected until early 2025, staff is requesting a budget transfer authorization to move the full amount of $600,000 from the Wet Weather Preparation Activities project budget to the Stormwater System Management Improvement Program project to fund both LiDAR costs and a portion of the overall SDMP Update cost.

BUDGET IMPACT:

Currently, there is an estimated available project account balance of $425,000 in the Stormwater System Management and Improvement Program (46W002). The proposed resolution would authorize a transfer in the Capital Project Fund in the amount of $600,000 from the Wet Weather Preparation Activities (46C006) project to the Stormwater System Management and Improvement Program (46W002) project, providing sufficient budget to fund this amendment.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Amendment No. 1

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
AUTHORIZING A BUDGET TRANSFER IN THE CAPITAL PROJECT FUND OF $600,000 FROM WET

WEATHER PREPARATION ACTIVITIES PROJECT TO THE STORMWATER SYSTEM MANAGEMENT AND

IMPROVEMENT PROGRAM PROJECT
WHEREAS, the Council considers mid-year budget balancing through adjustments, appropriations, designations and transfers to adjust the current-year budget to meet anticipated changes in departmental budgetary needs; and
WHEREAS, as detailed in the accompanying Administrative Report, a budget transfer and appropriation is necessary to accomplish the City’s day-to-day business to support its goals and programs and to provide for anticipated additional expenditures; and
WHEREAS, amendments to the Adopted 2023-2024 Budget are necessary to address funding of those items; and
WHEREAS, the Stormwater System Management and Improvement Program (46W002) does not have enough remaining available budget to cover the estimated $1,010,000 in funding needed for the Storm Drain Master Plan Update; and
WHEREAS, $600,000 in funds from the Wet Weather Preparation Activities (46C006) budget is available to be transferred.

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

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

2. A transfer in the Capital Project Fund totaling $600,000 from the Wet Weather Preparation Activities Project (46C006) to the Stormwater System Management and Improvement Program Project (46W002) is authorized.

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Contract Amendment Page 1 of 2
Rev 7/21
AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS FOR

DESIGN PROFESSIONAL SERVICES FOR STORMWATER MASTER PLAN UPDATE ($95,000 [Original Amount] $1,009,190 [Amendment 1])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Schaaf & Wheeler (“Consultant”), entered into an Agreement for professional consultant services (“Agreement”) on May 2, 2024; and
WHEREAS, City and Consultant wish to amend the Agreement to expand scope, increase compensation and extend the term of this Agreement.

NOW, THEREFORE, the parties agree as follows:

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

2. Section 4, “Term,” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence within two weeks of execution of this Agreement and be completed by December 31, 2025. The term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of CONSULTANT.”

3. Section 5, “Payment,” Paragraph 1, of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A and A1, CITY agrees to pay CONSULTANT a fee in an amount of $1,104,190, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

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

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Contract Amendment Page 2 of 2
Rev 7/21
IN WITNESS WHEREOF, CITY OF SAN MATEO and SCHAAF & WHEELER have executed this Amendment on ___________________.

CITY OF SAN MATEO SCHAAF AND WHEELER
Matthew Fabry
Public Works Director
Date Charles Anderson
Its Authorized Agent
President
Date

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Scope of Work
Task 1: Project Management
This task includes coordination with City staff and other stakeholders to advance the work, management strategies, budgeting, invoicing, schedule tracking and quality control. Specific tasks include:
 Kick-off meeting
 Regular project meetings (assume 20 meetings at up to 2 hours each)  Special meetings including correspondence with the San Francisco PUC  Manage project schedule
 Monthly billing and reporting
 Presentations (e.g. City Council presentations, City staff presentations, Special commission presentations)
 Quality assurance and quality control comment tracking spreadsheet  Document management within SharePoint, including survey files, engineering computations, computer models, GIS and mapping, documented assumptions, working drawings, meeting minutes, correspondence and digital images.

Task 1: Deliverables:
 Project Meeting Agendas and Minutes
 Monthly Invoices and Progress Reports
 Project Schedule and updates
Task 2: Review and Evaluate Existing Data
Consultant will review readily available data and information related to the drainage and flood control systems within the City of San Mateo and relevant tributary areas to identify data gaps and inconsistencies. These data may include GIS geodatabases, record drawings, land use and zoning plans, survey data, drainage reports for both public works and private development projects, and regional water resources data.

The following is a partial list of potential documents that will be evaluated:
 Operating and maintenance records
 City zoning plan
 City land use mapping
 City GIS geodata
 FEMA effective and preliminary FIS and FIRM
 LOMCs
 CDEC and USGS gage data
 California sea-level rise guidance
 Climate change precipitation data and reports
 SFPUC operations data and plans
 Drainage design standards
 Hydrologic methodologies
 Applicable regional and citywide permits related to storm drainage and flooding  Existing hydraulic models
 2002 Flood Management Strategies report
 2004 Storm Drain Master Plan
 2019 Marina Lagoon Preliminary Dredging Assessment

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 2021 Stormwater Funding Analysis
 2023 Stormwater Fee Report
 2023 Marina Lagoon Performance during New Year’s Eve 2022 Storm report  2023 Marina Lagoon Pump Station Study
 2024 Marina Lagoon Pump Station Alternatives Analysis Task 2: Deliverables:
 Technical Memorandum summarizing the documents reviewed, identified data gaps, and inconsistencies.

Task 3: Topographic and Geometric Information
The aerial extent and scope of topographic surveying will be discussed in detail before work starts. Consultant will develop a comprehensive bare earth citywide surface that will include creek geometries based on field surveys along with the most current County of San Mateo LiDAR topography in overbank areas. These ground surfaces will be utilized for developing water levels in drainage channels, detention basins, creeks, and Marina Lagoon.

Note: Bathymetric information for Marina Lagoon will be collected under separate contract but available for use in this scope of work.

Additional surveys and/or LiDAR topography may be required. Consultant will review the following data sources of topography to identify remaining topographic data gaps:
 LiDAR topography obtained by the County of San Mateo in 2017  2023 County of San Mateo LiDAR (if completed)
 An aerial survey of the Bayfront obtained in 2001
 Field surveys of channel cross sections for the entire lengths of 16th Avenue Channel, 19th Avenue Channel, and Laurel Creek obtained in 2002
 Field surveys of channel cross sections for San Mateo Creek from Highway 101 to San Francisco Bay obtained in 2002
 FEMA archive cross sections for San Mateo Creek upstream of Highway 101 circa 1996  Marina Lagoon Bathymetry obtained by Moffat Nickel in 2017 The project surveyor, Kier & Wright, will survey hydraulic structures on San Mateo Creek, 19 th
Avenue Channel, 16th Avenue Channel, and Laurel Creek within city limits. Each structure, typically culvert or bridge, will be surveyed at the upstream and downstream faces, along with sections 50-feet and 100-feet offset from the structure. The surveyor will also measure dimensions of each hydraulic structure (diameter, height, pier radius).

Horizontal and vertical datums on which master planning work will be based will be established by the City at project kickoff, and the datums will not change once established.

Task 3: Deliverables:
 Digital Elevation Model
 Field survey notes and hydraulic structure diagrams
 Creek channel cross sections in City-requested formats  Collected and developed GIS files

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Task 4: Data Collection and Condition Assessment
Following review and evaluation of existing data, Consultant will develop an approach and set of criteria to evaluate the condition of the City's storm drainage system facilities and develop a list of facilities recommended for inspection to be submitted as a Condition Assessment Plan to the City for review. Once approved, Consultant will implement and manage the condition assessment effort. Key information generated from this task will be shared with the City for incorporation into the City's geodatabase.

Consultant will utilize office and field methods to establish reasonable assumptions for the various pipe and system conditions within the storm drainage network. Where needed, a portion of the pipe segments will require field reconnaissance to perform visual inspections, photo documentation, and measurements. In addition, a smaller subset of critical or concerning pipes will require a more detailed review involving closed-circuit television (CCTV) and potentially pipeline flushing.

Consultant will evaluate the integrity of the system based on the CCTV data, size, pipe material, elevation/inverts, and age of the distribution system. The NASSCO rating system will be utilized for categorizing system issues. Based on the findings, the assessment will recommend improvements as part of the short- and long-term CIP.

Since condition assessment priorities and available access to the facilities are unknown, CCTV will also be scoped based on a time-and-materials basis rather than a physical distance. As an allowance, Consultant will spend up to 20 days in the field collecting data at prioritized locations.

The team’s CCTV firm, Presidio Systems, will spend up to 30 days in the field, also at prioritized locations.

Pump Station Condition Assessments
Each of the 10 stormwater pump stations will be visited by the project team, along with City operations staff. The team will evaluate the effectiveness and capacity of the current stormwater pump stations and outline future improvements, including recommended replacement intervals.

Task 4: Deliverables:
 Draft and Final Condition Assessment Plan
 GIS Datafiles
 CCTV Inspection Data, Video Recordings, and Reports
 Pump Station Inspection Reports
Task 5: Hydraulic Model Update
Before updating hydrologic and hydraulic models, Consultant will provide a technical memo clarifying the status of hydraulic models, propose storm events to be used for modeling, and propose alternative methodologies for City review and consideration.

Consultant will develop an updated hydrologic and hydraulic model of the City’s flood control and drainage systems. Laurel Creek, 19
th Avenue Channel, 16th Avenue Channel, and San
Mateo Creek systems will be modeled in HEC-RAS with 1-D and 2-D components.

A MIKE+ model of the drainage networks will include City-owned drainage systems 12-inches in diameter and larger, pump stations, lagoons, and detention facilities including the two on Laurel Creek and East Laurel Creek. Private drainage systems and water quality basins will be

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modeled if found to be significant. Creek levels from the HEC-RAS models will be utilized as boundary conditions for the pipe network and 2D flow models.

The models will be run for the 2-year, 10-year and 100-year events. Climate change adaptation will also be incorporated as coordinated with the City. Watershed hydrology will be modeled with HEC-HMS. Consultant will develop a design storm pattern for use in all modelling exercises.

Consultant will identify system components that do not meet the established level of service standards and design a program of improvement so the standard can be met. Up to two (2) alternatives will be developed for the five (5) highest priority projects and critical facilities.

Programs of improvement and critical facility alternatives will be vetted for performance using the updated hydraulic models.

Climate Change Adaptation
The Stormwater Master Plan will evaluate climate change resiliency related to the established level of service criteria and the 2-year, 10-year, and 100-year results. Projected future changes in precipitation and San Francisco Bay water levels will be applied to the hydraulic models to evaluate direct impacts to potential CIP programs.

Model Update Workshop
Consultant will lead a workshop after completing Task 5 for the City’s technical engineering staff to communicate model development, scenarios evaluated, limitations, and assumptions.

Task 5: Deliverables:
 Technical memo outlining proposed modeling alternatives, etc.  Updated Hydrologic and Hydraulic Model in MIKE+ and HEC-RAS  Technical workshop materials
Task 6: Identify and Prioritize Capital Improvements
Consultant will utilize modeling results and condition assessments to determine and map level of service limitations within in the existing storm drainage and flood control system. Remedies for system issues will be developed on a coarse level along with initial prioritization. Priorities will be based on life safety and property damage potential. Consultant will present these initial capital improvement projects to the City for review and comment.

Once the City and Consultant have established the list of the most critical projects, priority rankings and costs will be applied to all identified CIPs. Based on identified funding sources, a CIP schedule will be developed. The planning horizons will likely be immediate, 5-year, 10-year, and 20-year, or as otherwise established with the City.

Consultant will develop a detailed description of the highest priority improvement projects, along with details for phasing, capital cost requirements, permitting requirements, ROW/easement requirements, cost estimates that incorporate escalation costs, and an implementation schedule. Consultant will identify project interfaces or interdependences. For example, are there specific projects or groups of projects which need to be implemented together or are sequence dependent? Capital project bundles and sequences will be designed to prevent induced flooding elsewhere.

Consultant will participate in the community engagement process, which will be performed by the City and others.

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Schaaf & Wheeler
Task 6: Deliverables:
 Technical Memorandum identifying project prioritization methodology including proposed scoring parameters and weighting percentages.

Task 7: Operation, Maintenance, and NPDES
The City spends a significant amount of its stormwater budget on keeping the drainage systems operating effectively. Consultant will work with City staff to document the current operations and maintenance procedures and look for opportunities to improve the system. Resources, staff and equipment, and allocations for various tasks will be summarized. Staff input into how to improve the program will be critical in providing improvements.

Task 7: Deliverables:
 Technical Memorandum summarizing current operations and maintenance procedures and recommendations for improvements.

Task 8: Funding/Financial Analysis
Consultant will coordinate with the City to update the 2023 Stormwater Fee projects. This effort will include updating cost estimates, re-prioritizing CIPs, and adjusting the CIP schedule.

Consultant will help develop a method of prioritizing, funding, and financing the updated CIPs based on the new Stormwater Master Plan results. We will utilize our breadth of experience and relationships with others to seek outside short- and long-term funding, using existing funding as leverage through grants, loans, partnership, etc. offered by nearby local, state, and federal agencies.

If the City engages a financial specialist for this work outside of this contract, Consultant will coordinate with the City on that engagement as part of the work covered under this agreement.

Task 8: Deliverables:
 Technical Memorandum describing identified outside funding opportunities for storm drain capital improvements and ongoing maintenance.
 Up to two meetings with City-engaged financial specialist.  In conjunction with Task 10, provide summary project sheets including project description, project need, capital budget, and other information pertinent to outside funding sources.

Task 9: Develop Draft and Final Stormwater Master Plan Update Documents The Stormwater Master Plan documents will summarize the existing storm system, outline the system’s current performance, detail areas currently subject to flooding, list and prioritize improvement projects, include a cost estimate for all improvements, and summarize all technical methodologies and model results. The report will include both the operations needs and the condition assessment needs. A draft schedule of CIPs and a funding strategy will be included.

Consultant will submit a Draft Stormwater Master Plan to the City for their review prior to hosting a meeting with the City to review comments and record feedback. This meeting may need to be broken into sessions to ensure critical staff can attend.

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The City will provide one consolidated list of comments to Consultant, who will address said comments and finalize the Stormwater Master Plan document. Consultant will also provide a signed and stamped Final Engineer’s Report for use in financial program analysis if requested.

In addition, the Final Stormwater Master Plan will define the purpose, scope, and limitations of the update, and it will include a list of all supporting material. The Stormwater Master Plan update shall incorporate the technical memos developed under preceding tasks into the master plan document text.

Consultant will present summaries of findings at one Council meeting and four (4) community meetings and/or workshops.

Task 9: Deliverables:
 Draft and Final Stormwater Master Plan
 Council and community meeting/workshop materials.

Task 10: Conceptual Designs
In collaboration with the City, Consultant will identify up to five (5) of highest priority projects crucial to successful CIP implementation and prepare conceptual designs and capital cost estimates for these projects, which will serve as the basis for more detailed planning and eventual implementation. These conceptual designs are intended to be comprehensive enough to demonstrate the viability and potential impact of the proposed improvements. By having these plans at a planning level of detail, the City can enhance its competitiveness when seeking funding opportunities through grants and other sources.

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Principal Project
Manager
Senior Project
Manager
Senior Engineer
Associate
Engineer
Assistant
Engineer
Junior Engineer
$295.00 $270.00 $250.00 $220.00 $200.00 $185.00
Task 1 Project Management 128 0 56 8 8 8 $56,600 $0 $0 $0 $56,600 48 32 8 8 8 $27,000 $27,000
40 24 $17,800 $17,800
40 $11,800 $11,800
Task 2 Review and Evaluate Existing Data 40 0 96 400 0 568 $22,720 $255,500 $0 $25,550 $303,770 4 16 16 $7,660 $255,500 $25,550 $288,710
4 16 56 $15,060 $15,060
Task 3 LiDAR Information 8 0 48 0 0 48 $23,240 $0 $0 $0 $23,240 4 16 16 $8,140 $8,140
4 32 32 $15,100 $15,100
Task 4 Data Collection and Condition Assessment 8 0 0 184 0 200 $79,840 $0 $100,000 $10,000 $189,840 4 24 40 $13,860 $100,000 $10,000 $123,860
4 160 160 $65,980 $65,980
Task 5 Hydraulic Model Update 100 40 214 40 166 360 $202,400 $0 $0 $0 $202,400 24 80 24 160 $61,480 $61,480
24 80 40 80 200 $88,880 $88,880
12 54 62 $29,440 $29,440
40 40 $22,600 $22,600
Task 6 Identify and Prioritize Capital Improvements 8 0 16 0 0 24 $88,260 $0 $0 $0 $88,260 12 56 80 $32,340 $32,340
12 56 80 $33,540 $33,540
4 16 32 $11,580 $11,580
8 16 24 $10,800 $10,800
Task 7 Funding/Financial Analysis 16 0 24 0 0 8 $30,000 $0 $0 $0 $30,000 40 24 $17,800 $17,800
16 24 8 $12,200 $12,200
Task 8 Develop Draft and Final Stormwater Master Plan Update 12 0 12 0 0 12 $78,140 $0 $0 $0 $78,140 24 64 56 56 $45,760 $45,760
8 8 $4,360 $4,360
12 24 24 24 $19,260 $19,260
12 12 12 $8,760 $8,760
Task 9 Conceptual Designs 20 0 56 64 0 16 $36,940 $0 $0 $0 $36,940 8 24 32 12 $17,620 $17,620
8 12 8 4 $7,860 $7,860
4 20 24 $11,460 $11,460
Total 292 40 430 632 174 1,208 $618,140 $255,500 $100,000 $35,550 $1,009,190 Invoicing
10% Markup
TotalHourly Rates
Meetings
Coordination
Fee Proposal
Schaaf & Wheeler
Total
Kier+Wright:

Survey
Presidio: CCTV
Data Collection and Data Gaps Analysis
Condition Assessment
GIS Updates
Field Data Collection
Data Review
Model QA/QC
Data Analysis
Model Selection and Build
Existing Conditions Model Development - Pipes and Channels Identify System Constraints
Grant Assistance
Draft SDMP Report
Final SDMP Report
Review with City
Presentations
Develop Conceptual Designs
Alternatives Analysis
Finalize Conceptual Designs
Develop 10-year CIPs
Prioritizations
Cost Estimates
Develop 100-year CIPs
Identify Funding Stategies

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 17 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 24-8814 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: June 17, 2024
SUBJECT:

Partial Excess General Liability Insurance Settlement Offer for Covid-19 Business Interruption for Parks and Recreation - Authorization
RECOMMENDATION:

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

BACKGROUND:

On March 16, 2020, the City Council adopted Resolution No. 25 (2020) and proclaimed the existence of a local emergency to protect the safety of persons and property due to the threat caused by the spread of Covid-19. A shelter-in-place was declared and the Parks and Recreation facilities were closed and activities were cancelled. As a result, the Parks and Recreation department experienced a loss of revenue, from March 13, 2020, to May 3, 2020, in the amount of $827,540.35.

Total Revenue Loss March 13th through to May 3rd.

Recreation Registration Cancellations $ 424,353.46
Facility Reservations King $ 51,833.75
Facility Reservations Seniors $ 5,403.75
Facility Reservations Beresford $ 10,669.50
Facility Reservations Fields $ 4,062.00
Golf - Rounds $ 307,751.82
Golf - Pro Shop $ 3,466.08
Golf - Restaurant Lease $ 20,000.00
$ 827,540.35
In August 2020, the City Attorney coordinated with the City’s insurance broker, Alliant, to notify and file a claim with the City’s excess general liability insurance carrier, McLarens. The claim was filed on behalf of the City’s Parks and Recreation department which experienced a loss in revenue. The claim was classified as a ”Business Interruption“ as a result of the loss of revenue that occurred between March 13 - May 3, 2020, for the shut-down and cancellation of Parks and

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CITY OF SAN MATEO
Recreations facilities and activities.

McLarens, one of the City’s excess general liability insurance carriers for fiscal year 2019-2020 sent a letter to the City Attorney in May 2024 informing them of a partial excess general liability insurance settlement available due to the business interruption that occurred in 2020. The partial settlement is for the amount of $54,878. McLarens and their underwriters agreed that the claim qualifies for a pro-rata share of the $10.0 million sublimit. McLarens reported that there were roughly 100 claims that qualified for consideration with perhaps 10 additional claims still outstanding. The City’s insurance underwriters for the claim year 2019-2020 have agreed to issue a partial payment in the amount of $54,878 to the City. McLarens requests that a Partial Master Proof of Loss be signed by an authorized representative of the City of San Mateo and returned for handling.

Until all claims close, McLarens will not be in a position to undertake a final accounting. There is a possibility that further settlement funds may be available in the future as a result of this claim.

Staff is recommending that Council authorize the City Attorney to execute the Partial Master Proof of Loss and return to McLarens so that the City may receive $54,878 for this partial settlement offer. In addition, staff is recommending that Council authorize the City Attorney to execute any future general liability insurance settlement documentation related to the business interruption claim for the fiscal year 2019-2020 and loss of revenue for the Parks and Recreation department.

BUDGET IMPACT:

Budget impact would be positive for the Parks and Recreation department as the partial settlement of $54,878 would be deposited into a Parks and Recreation fund available for future revenue count.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020

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CITY OF SAN MATEO
4 9
9 8

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 18 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 24-8830 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: June 17, 2024
SUBJECT:

Police Department Trailer Camera Purchase - Change Order RECOMMENDATION:

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

BACKGROUND:

On March 18, 2024 the City Council authorized a number of actions related to San Mateo’s participation in the Organized Retail Theft Prevention Grant Program. Included in those actions was the approval to purchase two surveillance camera trailers in the amount of $114,700 using grant funds. Due to an administrative oversight, the dollar amount authorized for that purchase did not include tax. The total amount of the purchase, including tax is $125,268.25 and will be fully offset by grant reimbursement. Staff requests approval of a change order in the amount of $10,568.25 to complete the purchase; and requests Council authorization to clearly authorize the Chief of Police to issue any future change orders up to $50,000 cumulatively; and the City Manager to issue any future change orders in excess of $50,000 but not to exceed $100,000 cumulatively, as provided in the City the Purchasing Policy.

BUDGET IMPACT:

This purchase will be fully offset by grant reimbursement resulting in no net financial impact to the general fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Mobile Pro Systems Revised Quote for Surveillance Trailers

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Tricia Toomey, Business Manager
[email protected]
(650) 522-7623

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QUOTE
# 27638-B
DATE: 4/17/2024 Qty. 2 - Falcon 3100 Video Surveillance Trailers QUOTE #: 27638-B (Configured with Verkada Camera and Audio Systems) QUOTE EXP: 5/18/2024
PROJECT NAME: San Mateo Police Dept
Quote Revision 'A' : Quote Date Change Only
TO: San Mateo Police Dept Quote Revision 'B' : Sales Tax Added Anthony Riccardi
200 Franklin Parkway
San Mateo, CA 94403
650-255-2386
[email protected]

SALES PERSON PAYMENT TERMS
S.Dunker NET 30

QTY UNIT PRICE EXTENDED PRICE
2 $54,900.00 $109,800.00

QTY MODEL NUMBER
1 MPS-3100-BASE Base System Includes MP Status
1 GEN-3100-GAS Monitoring & Control Platform
1 BATT-KIT-9-100 - Door Contact, Vibration Sensor & GPS 2 PTZ-CP52-512-VERK (2) Verkada PTZ Cameras
1 FC-CF81-512-VERK (1) Verkada Fisheye Fixed Camera
2 POE-70W-24V
2 POE-35W-24V
2 POE-RACK-PLATE
1 TR-CAM-MOUNT
2 TR-CM-AXIS
3 VMS-CAMLIC-VERKADA Verkada License
1 VMS-HORNLIC-VERKADA Verkada License
1 COM-TR-CP-IBR600 Celluar Modem 4G with WIFI
1 3100-TR-AUDIO-VERK
1 3100-TR-AUDIO-MT
1 SW-16-P-1GIG
1 TM-STROBE POD KIT LED Strobe Light - Top of Mast
1 TM-LIGHT-BAR-KIT-42-R20 LED Flood Lights - Top of Mast 1 HD-WHEEL-JACK
1 3100-HIGH-PIR 402 (3) Motion Sensors - Top of Mast
1 SOLAR-900W -3100 Solar Charging
Total Less Options: $109,800.00
Sales Tax (9.625%): $10,568.25
Estimated Shipping: $4,900.00
Estimate TOTAL: $125,268.25
PROPOSAL CREATED BY:

Steve Dunker
V.P. of Business Development
Mobile Pro Systems
250 Lothenbach Ave.

West St. Paul MN 55118
Cell: 612-619-8018 Direct: 952-324-5645
eMail: [email protected]
I accept this estimate DATE
Freight Charges covers two (2) trailers shipped to San Mateo, CA.…..

NOTE: Video storage is included within the cameras themselves. There is NO Video Server located within trailer with this configuration.

System Includes a (1) One Year Limited Warranty
This QUOTE is valid for 30 days.

FALCON 3100 BASE TRAILER SYSTEM w/ 20 ft. stabilized MAST

TOP MAST LED STROBE LIGHT POD KIT
TOP MAST 2-42" LED FLOOD LIGHT KIT
CRADLEPOINT CELLULAR ROUTER IBR600 KIT
MPS 3100 GAS GENERATOR SYSTEM (recommended)
800 AH AGM BATT 3100
PTZ Camera - VERKADA CP52 512GB 30 days
FIXED Camera - VERKADA CF81-E 512GB 30 days
24VDC DUAL CHANNEL HI POE 70W
24VDC HI POE 35W

RACK PLATE WITH MOUNTING HARWARE

STOCK CAMERA MOUNT
16 PORT NETWORK SWITCH

CAMERA MOUNT W/AXIS HUB

PROJECT SCOPE
Falcon 3100 Video Surveillance Trailer

DESCRIPTION
MPS 3100 TRAILER SYSTEM

DESCRIPTION
TOP-MAST MOTION (3 PIR) OPTEX LX-402 KIT
900W SOLAR SYSTEM 3100 KIT
VERKADA CAMERA License - 1 year
VERKADA HORN License - 1 year
VERKADA Audio Kit - BZ11 Horn/Speaker
Audio Kit Mounting System

HEAVY DUTY FRONT WHEEL JACK

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 19 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 24-8841 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 17, 2024
SUBJECT:

Central Recreation Center Self-Help for the Elderly – Lease Amendment RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing method; approve a lease amendment to extend the term of the lease with Self-Help for the Elderly for the use of Central Recreation Center; authorize the City Manager to execute the lease amendment in substantially the form presented.

BACKGROUND:

Since 1991 the Central Recreation Center has been leased to Self-Help for the Elderly (Self Help), a non-profit specializing in the delivery of programs for older adults with special emphasis on meeting the needs of Asian seniors. The current lease, which was entered into on June 15, 2016 has an expiration date of June 30, 2025.

The department is currently executing Phase 1 of the Central Park Master Plan, which includes upgrades to the playground and new restrooms. The existing recreation center is not projected to be demolished until Phase 3 which the department does not expect to undertake in the near future. However, due to the implementation of the Central Park Master Plan, Self-Help expressed a desire to extend the term of the lease in order to address the longer-term interests of their desired service provision in San Mateo County.

Following several months of discussion, staff and Self-Help have agreed to extend the term by five (5) years from June 30, 2025, to June 30, 2030, and to provide for five (5) mutual one-year extension options until June 30, 2035, by mutual written consent to be executed prior to the expiration of the then-current term. All other terms of the lease will remain the same, including the annual rent of one dollar and zero cents ($1.00). The lease amendment continues the practice of Self Help reimbursing the City for PG&E (utility) costs. This amount fluctuates yearly; however, in FY 2023-2024 the year- to-date amount is approximately $17,118. In addition, Self-Help may choose to purchase custodial supplies at the City’s cost, on a reimbursement basis.

The Municipal Code typically requires that lease agreements be put out for competitive bid; however, in accordance with Municipal Code sections 3.60.050(b) and 3.60.070(h)(3), the City can make findings that support not putting leases out to bid. In this case, calling for competitive bids would be impracticable, because the City wishes to accommodate the existing tenant for an extension of its lease.

BUDGET IMPACT:

The lease terms result in the loss of approximately $24,000 in revenue per year due to limited availability for public rentals compared to other recreation facilities managed by internal staff. Given that the annual revenue from recreation programs and services is approximately $4 million, the loss of this revenue represents less than 1% of the total revenue collected.

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ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 – Amendment

STAFF CONTACT
Joanne Magrini, Director of Parks and Recreation
[email protected]
(650)522-7404

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

APPROVING AN ALTERNATIVE PURCHASING METHOD FOR THE LEASE AMENDMENT WITH SELF-HELP FOR THE

ELDERLY FOR THE USE OF CENTRAL RECREATION CENTER
WHEREAS, Self Help For the Elderly has an existing lease with City for the Central Recreation Center, which was executed on July 1, 2016, and terminates on June 30, 2025 (the “Existing Lease”); and WHEREAS, the parties wish to amend the Existing Lease term to end on June 30, 2030 and to provide for five (5) mutual one-year optional extensions until June 30, 2035; and WHEREAS, it is in the City's best interest to dispense with competitive bidding for the Central Recreation Center, because the City wishes to accommodate the existing tenant; and WHEREAS, in accordance with Municipal Code section 3.60.050(b), calling for competitive bids would be impracticable because the City wishes to accommodate the existing tenant; and WHEREAS, in accordance with Municipal Code section 3.60.070(h)(3), the City Council approves of staff's negotiations with the existing tenant in lieu of competitive bidding.

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

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

2. In accordance with Municipal Code section 3.60.050(b), calling for competitive bids would be impracticable, because the City wishes to accommodate the existing tenant, Self Help for the Elderly which has leased the premises since 1991.

3. In accordance with Municipal Code section 3.60.070(h)(3), the City Council approves staff's negotiations with the existing tenant in lieu of competitive bidding for the reasons stated above.

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0 FIRST AMENDMENT TO AGREEMENT FOR USE AND LEASE AND

PROVISION OF SERVICES BETWEEN THE CITY OF SAN MATEO AND

SELF-HELP FOR THE ELDERLY

CENTRAL RECREATION CENTER

SAN MATEO, CALIFORNIA
This Amendment is made and entered into this __ day of June, 2024, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("City"), and SELF-HELP FOR THE ELDERLY, a private non-profit corporation in the State of California (“Lessee”) (collectively, the “Parties”).

WHEREAS, on June 15, 2016, the City and Lessee entered into an “Agreement For Use and Lease and Provision of Services” (“Agreement”) for the Central Park Recreation Center located at 50 E. Fifth Avenue, San Mateo; and
WHEREAS, City and Lessee wish to amend the Agreement to extend the term by five (5) years from June 30, 2025, to June 30, 2030, and to provide for five (5) mutual one-year extension options.

NOW, THEREFORE, the Parties agree as follows:

1. Section C.2 of the Agreement is amended to read as follows:

TERM. The term of this Agreement shall be from July 1, 2016 to June 30, 2030 (“Term"). The Parties may extend the term of this Agreement for five (5) additional one-year periods, until June 30, 2035, by mutual written consent to be executed prior to the expiration of the then-current term. However, the parties agree to terminate this Agreement earlier if Lessee finds another location from which to provide programs and services to the San Mateo community. Lessee will notify City in writing specifying the date on which Lessee will vacate the Center. This Agreement will terminate on the date specified in Tenant’s notice.

2. All other terms and conditions of the Lease shall remain the same.

CITY OF SAN MATEO LESSEE
Self-Help for the Elderly
Alex Khojikian
City Manager
Date Anni Chung
President & CEO
Date

APPROVED AS TO FORM
Prasanna W. Rasiah
City Attorney
Date

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0 ATTEST
Martin McTaggart
City Clerk

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 20 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-8856 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: June 17, 2024
SUBJECT:

Department of Information Technology – Classification Updates RECOMMENDATION:

Adopt a Resolution to correct the salary range for the classification of Customer Service Manager.

BACKGROUND:

On April 17, 2023, Council approved the reclassification of Technical Support Supervisor to a new classification Customer Service Manager and the recommendation to set the monthly salary range for Customer Service Manager to match the salary range of the GIS Coordinator classification. However, the salary schedule attached to the Resolution that Council approved did not have the correct salary range. The Human Resources Department requests to correct the monthly salary range for the Customer Service Manager classification to match the GIS Coordinator classification at $11,293.94 - $13,468.34.

BUDGET IMPACT:

The correction for the salary schedule of the Customer Service Manager will have no budget impact, as the position has been budgeted with the correct salary schedule.

ENVIRONMENTAL DETERMINATION:

These classification updates are not subject to CEQA, because they will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Merit Salary Schedule for Adoption June 17, 2024

STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
650.522.7264

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CITY OF SAN MATEO
RESOLUTION NO. __ (2024)

APPROVING THE CLASSIFICATION UPDATES IN

DEPARTMENT OF INFORMATION TECHNOLOGY
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed updates as detailed below are in response to the request from Human Resources Department to correct the salary ranges for the classification of Customer Service Manager; and WHEREAS, the proposed salary ranges for the classification of Customer Service Manager is attached hereto as Exhibit A, and incorporated by reference; and WHEREAS, the employee association representing the impacted classification has been informed of the proposed classification updates and have not brought forth any objections or concerns.

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

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

2. The salary schedule for the classification of Customer Service Manager attached hereto as Exhibit A, are approved.

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Exhibit A
Customer Service Manager (Job Code 2166)
Steps Hourly Biweekly Monthly Annual
Step 1 65.16 5,212.59 11,293.94 135,527.28
Step 2 68.08 5,446.24 11,800.18 141,602.16
Step 3 71.15 5,691.00 12,330.49 147,965.88
Step 4 74.36 5,949.13 12,889.78 154,677.36
Step 5 77.71 6,216.16 13,468.34 161,620.08

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 21 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-8857 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: June 17, 2024
SUBJECT:

Recruitment Services – Change Order
RECOMMENDATION:

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

BACKGROUND:

The FY 2023-24 agreement with It’s Personnel Consulting to conduct professional recruitment services had an original Purchase Order (PO) amount of $60,000.00. In November 2023, the City retained the services of It’s Personnel to conduct recruitment services as part of the recruitment blitz to fill critical vacancies. As of July 1, 2023, It’s Personnel has conducted 55 recruitments for the City of San Mateo while the HR recruitment staff participate in the Workday implementation. In March 2024, the PO amount was increased to $90,000.00 through Change Order No. 1 with City Manager approval.

Currently, $1,352.85 remains on the PO with approximate incurred expenses to be paid in the amount of $26,317.27 for recruitment services through April 2024. HR is requesting to increase the PO amount by $60,000.00 for a total contract of $150,000.00 for recruitment services through June 30, 2024.

BUDGET IMPACT:

The recruitment services conducted by It’s Personnel Consulting are paid for by the recruiting department and there is sufficient funding within the department budgets to cover the additional costs.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Change Order No. 2

STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
650.522.7264

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S:\City Forms and Templates\Finance (Business Services)\Purchasing\MASTER Change Order Form.doc Department:

P.O. # 23-00249

CITY OF

SAN MATEO, CALIFORNIA
Contract Change Order No. 2
Distribution: Purchasing Division,
Department File, Contractor.

To Date: 6/17/2024 ______
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price, and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

DESCRIPTION OF WORK
Total cost of change not to exceed
By
Title

STATEMENT OF ACCOUNT
Original Contract Price . . . . . . . . . . . . . . . $ Previous Change Orders . . . . . . . . . . . . . .$
Total to date . . . . . . . . . . . . . . . . . . $
This Change Order . . . . . . . . . . . . . . . . . . $ Revised Contract Price . . . . . . . . . . . . . . . .$ Approved By
Department
It's Personnel
1545 Broadway, #305
San Francisco, CA 94109It's Personnel provides professional recruiting services to City of San Mateo. This is a request to increase PO 23-00249 SCON-0000473-1 by an additional $60,000.00 for a new contract total of $150,000.00 to cover incurred expenses for professional recruitment services through 6/30/24. 60,000.00
30,000.00
90,000.00
60,000.00
150,000.00
Lourdes Coles
Senior HR Analyst
Human Resources
SCON-0000473-1

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 22 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8863 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: June 17, 2024
SUBJECT:

Boards and Commissions Appointment Subcommittee – Appointment Recommendation RECOMMENDATION:

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

BACKGROUND:

Community Relations Commission:

On Wednesday, May 8, 2024, the Appointment Subcommittee to the Community Relations Commission, consisting of Mayor Lisa Diaz Nash and Council Member Adam Loraine, with Community Development Director Zach Dahl advising, interviewed applicants to fill a vacancy on the Community Relations Commission.

The Appointment Subcommittee interviewed the following applicants:
•Michael Ross
•Jennifer Kim
•Shivam Bhatt
•Lamoin Werlein-Jaén
•Joanne Jennings
•Elizabeth Kioa
•Sergio Zymunt
•Charles Hansen
The Appointment Subcommittee recommends the following actions:

Recommended Action Duration
Jennifer Kim be appointed to a partial term Immediate through June 10, 2026 Charles Hansen be placed on an eligibility list in priority 1 Immediate through December 17, 2024 Lamoin Werlein-Jaén be placed on an eligibility List in priority 2 Immediate through December 17, 2024

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CITY OF SAN MATEO
Sustainability and Infrastructure Commission:

On Wednesday, May 22, 2024, the Appointment Subcommittee to the Sustainability and Infrastructure Commission, consisting of Mayor Lisa Diaz Nash, Deputy Mayor Rob Newsom, and Council Member Adam Loraine, with Public Works Director Matt Fabry advising, interviewed applicants to fill a vacancy on the Sustainability and Infrastructure Commission.

The Appointment Subcommittee interviewed the following applicants:
•Patricia Garcia
•Fernando Lorenzo
•Edward “Rich” Kranz
•Charles Hansen
•Theodore McKinnon
•Sergio Zymunt
The Appointment Subcommittee recommends the following actions:

Recommended Action Duration
Edward “Rich” Kranz be appointed to a full term Immediate through June 10, 2028 Theodore McKinnon be placed on an eligibility list in
priority 1
Immediate through December 17, 2024
Segio Zygmunt be placed on an eligibility list in priority 2 Immediate through December 17, 2024 Library Board:

On Monday, June 10, 2024, the Appointment Subcommittee to the Library Board, consisting of Mayor Lisa Diaz Nash and Deputy Mayor Rob Newsom, with Library Director James Moore advising, interviewed applicants to fill a vacancy on the Library Board.

The Appointment Subcommittee interviewed the following applicants:
•Jennifer Hancox
•Alison Joly
•Shivam Bhatt
•Annie Tsai
•Michael Maslakowski
•Lindsey Martinson
The Appointment Subcommittee recommends the following actions:

Recommended Action Duration
Annie Tsai be appointed to a partial term Immediate through June 10, 2025 Lindsey Martinson be placed on an eligibility list in priority 1 Immediate through December 17, 2024
Alison Joly be placed on an eligibility list in priority 2 Immediate through December 17, 2024 Planning Commission:

On Wednesday, June 12, 2024, the Appointment Subcommittee to the Planning Commission, consisting of Mayor Lisa Diaz Nash, Deputy Mayor Rob Newsom, Council Member Adam Loraine, Council Member Amourence Lee, with Planning Manager Manira Sandhir advising, interviewed applicants to fill a vacancy on the Planning Commission.

The Appointment Subcommittee interviewed the following applicants:
•Vikash Bhagwandin
•Heather Damelio

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•Phil Mieszkowski
•Michael Ross
•Adam Klafter
•Jennifer Kim
•Dianne Whitaker
•Alexander Seroff
•Elizabeth Kioa
•Sergio Zygmunt
The Appointment Subcommittee recommends the following actions:

Recommended Action Duration
Adam Klafter be appointed to a full term Immediate through June 10, 2028 Dianne Whitaker be placed on an eligibility list in priority 1 Immediate through December 17, 2024 Jennifer Kim be placed on an eligibility list in priority 2 Immediate through December 17, 2024 BUDGET IMPACT:

There is no budgetary impact from this administrative action.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Boards, Commissions and Committees List

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

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Updated 06/11/2024
Boards, Commissions & Committees List

Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires

COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)

1 Sheri Boles, Vice Chair 07-19-21 06-10-26
1 Meghan Crowell, Chair 06-10-21 06-10-25
1 Vacant 06-10-26
2 Jerold Nugent 06-10-20 06-10-28
1 Alli Fitzgerald 01-17-23 06-10-28

PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers

2 John Ebneter, Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel, Vice Chair 06-10-21 06-10-26
2 Margaret Williams 07-15-19 06-10-27
0 Vacant 06-10-24

LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.

1 Richard Wysong 06-10-23 06-10-27
0 Sheila Canzian 04-17-23 06-10-25
1 Wendy McCall 04-17-23 06-10-28
1 Austin Volz, President 01-03-22 06-10-26
0 Vacant 06-10-25

SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center

0 Thomas Lease 04-17-23 06-10-25
0 Anna Cwirko-Godycki 02-05-24 06-10-27
1 Karl Lorenz 06-10-24 06-10-28
2 Ellen Wang, Chair 07-20-20 06-10-28
2 Mary Webb 02-17-15 06-10-26

PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)

1 Sarah Fields, Chair 06-10-21 06-10-25
0 Regina Trapp 10-16-23 06-10-27
1 Sandra Kiapi 06-10-23 06-10-27
0 Peter Wicher 10-16-23 06-10-26
2 Vacant 06-10-25
1 Thomas Jacob Jelniker, (YC) 11-06-23 11-06-24
1 Serene Audrey Li (YC) 11-06-23 11-06-24

SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153

COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers

0 Vacant 06-10-24
1 Kimi Narita, Vice Chair 04-05-21 06-10-27
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins 08-06-18 06-10-26
1 Susan Rowinski, Chair 08-06-18 06-10-25

PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)

1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Elizabeth DeWinter 06-10-23 06-10-27
2 Tony Villanueva, Vice Chair 01-19-21 06-10-28
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Adeline Jones

Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo

MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358

Vacant

0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently
YC = Youth Commissioner

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, pl ease contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

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Updated 06/11/2024
Term
Date
Appt’d
Term
Expires

MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)

1 Sandy Shepler 04-17-23 06-10-28
0 Karen Moen 04-17-23 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
0 William Yang 04-17-23 06-10-26
1 Nick Atkeson 06-10-23 06-10-27

CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)

Robert Gooyer, Vice Chair
Seema Patel
Ginger Slonaker
Stephen Tabler, Chair
Dianne Whitaker

INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)

Jeff Adams
Michael Carney
Chris deLong
Margaret Taylor, Chair

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

/s/ MARTIN MCTAGGART, CITY CLERK

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CITY OF SAN MATEO
4 9
5 2

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 23 Section Name: PUBLIC HEARING Account Number: 14-1311 File ID: 24-8748 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: June 17, 2024
SUBJECT:

Downtown Business Improvement Area – Annual Renewal
RECOMMENDATION:

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

BACKGROUND:

The Downtown Business Improvement Area (DBIA) was formed in 1986 for the purpose of improving Downtown San Mateo and promoting businesses within the area. The Downtown San Mateo Association (DSMA) has served as the DBIA administrator since its formation. The DSMA provides the City Council with a report of activities and expenditures for the previous fiscal year and proposes an assessment schedule for the upcoming fiscal year, as required by the California Street and Highways Code Section 36533. In May 2024, the DSMA submitted its annual report, incorporating a summary of fiscal year 2023-24 activities and proposed program and budget for fiscal year 2024-25 (included as Attachment 2).

Before City Council may act on the DSMA’s request to renew the DBIA assessments, the request must be considered at two City Council meetings. At the last meeting on June 3, 2024, the City Council accepted the DSMA’s annual report, adopted a Resolution of Intent to Levy the Annual Assessment, and set a public hearing date for June 17, 2024. At the second meeting, the City Council is asked to adopt the Resolution to levy the annual assessment (included as Attachment 1).

Annual Assessment
This year marks the first time the DSMA has had a full-time Executive Director, Mackenzie Jakoubek, who brings 15 years of experience in nonprofit management, customer service, and event planning. After the resignation of the previous Executive Director in 2017, a group of volunteer business owners, with administrative support from the City, managed the DSMA. Since assuming her role as Executive Director, Ms. Jakoubek has engaged with Downtown businesses and community allies, and supported efforts of partner organizations such as the San Mateo Chamber of Commerce and the City of San Mateo to enhance and enliven the Downtown environment.

The hiring of a new executive director was made possible through the DSMA's efforts to amend assessment rates over several years. In 2021, DSMA hired NBS, a consultancy specializing in forming special financial districts to study a new rate structure to better reflect and equitably share costs among Downtown businesses, as DBIA fees had remained flat since 2009. Following the study, DSMA engaged CivicMic to facilitate community outreach, including multilingual mailings, online meetings, and a survey about DSMA. Feedback showed businesses were aware of and valued DSMA's services, and they highlighted the goals of cleanliness, beautification, events, marketing, and the need to hire an Executive Director as priorities. After gathering input, DSMA requested the City Council amend the DBIA levy, and held a public hearing on November 7, 2022. In response to feedback from small and medium-sized businesses, DSMA proposed lower rate category for sole proprietors and medium-sized businesses with 6 to 15 employees at the Council meeting. The modified rates were

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CITY OF SAN MATEO
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adopted and became effective on July 1, 2023.

For the fiscal year 2024-25, the DSMA expects to generate approximately $382k from DBIA assessments, aligning with its budget. Additionally, it plans to allocate $48,000 for hosting community-building events, $101,000 for cleaning services, and $63,000 for marketing. The remaining funds will cover personnel and consulting services. The DSMA aims to maintain a reserve of $211k. The DSMA shares an office with the Downtown Coordinator and does not utilize any City equipment or furniture. The shared space allows the DSMA to redirect savings towards programs and events. Additionally, the shared office facilitates a closer relationship between the City and the DSMA, enhancing collaboration and communication.

While some stakeholders have voiced dissent in having to participate in the fees, the majority have noticed the benefits of having increased events, enhanced marketing, and vibrancy in the Downtown. At the June 17, 2024 public hearing, Mackenzie Jakoubek, Executive Director of the DSMA will present an overview of the DSMA’s Annual Report and will be able to address any questions from the Council and public.

According to Streets and Highways Code Section 36535, if written protests are submitted by business owners in the DBIA, and these protests collectively represent 50% or more of the proposed assessments, no additional actions to impose the assessments will occur for a period of one year. Any written protests received will be provided at the June 17, 2024 Council meeting.

Should Council adopt the resolution levying the proposed annual Downtown Business Improvement Area assessment, the Finance Department will include the 2024-25 DBIA assessments in all the City business tax license fees for businesses located within the boundaries of the DBIA.

BUDGET IMPACT:

The levying of the annual DBIA assessment does not have an impact on the General Fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting notice requirements were met. Pursuant to California Streets and Highways Code Section 36534, a notice for the public hearing was published in the San Mateo Daily Journal at least seven (7) days prior to the June 17, 2024 City Council hearing.

ATTACHMENTS
Att 1- Proposed Resolution
Att 2- DSMA Annual Report 2023-2024
Att 3 – Support Letters

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

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CITY OF SAN MATEO
RESOLUTION NO.____ (2024)
LEVYING THE ANNUAL ASSESSMENT (2024-2025)

FOR THE DOWNTOWN BUSINESS IMPROVEMENT AREA
WHEREAS, the City Council established the Downtown Business Improvement Area (DBIA) pursuant to Streets and Highways Code Section 36500, et seq.; and
WHEREAS, the Downtown San Mateo Association, in conjunction with City staff acts as the advisory board to the City Council for the DBIA; and
WHEREAS, the City Council has received and reviewed the annual report submitted by the Downtown San Mateo Association and hereby confirms said Association as the advisory board for the DBIA; and WHEREAS, a public hearing was held after being duly noticed for a time and place specified in the notice of intention; and
WHEREAS, all protests, either written or otherwise to the assessments proposed in the report were heard and considered at the public hearing; and
WHEREAS, Streets and Highways Code section 36535(b) authorizes the City Council, upon the conclusion of the public hearing, to order changes in any of the matters provided in the report, including changes in the proposed assessments; and
WHEREAS, staff recommends that the City Council approve the proposed assessments; and WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) requirements because it is an administrative activity that will not have a significant effect on the environment per CEQA Guidelines section 15378(b)(5)).

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

1. The City Council confirms that a majority protest, within the meaning of Streets and Highways Code Section 36525, was not made with regard to the proposed assessments.

2. The City Council approves the assessments set forth in the “Proposed Annual Assessment Schedule 2024-2025,” attached hereto as Exhibit A, for the Downtown Business Area set forth in the “DBIA Boundary Map,” attached hereto as Exhibit B.

3. The City Council confirms the annual report submitted by the Downtown San Mateo Association as filed and attached to the June 3, 2024, Administrative Report.

4. The City Council authorizes the levying and collection of the 2024-2025 annual DBIA assessments in the amounts shown in the “Proposed Annual Assessment Schedule 2024- 2025, attached hereto as Exhibit A for the Downtown Business Area set forth in the “DBIA Boundary Map,” attached hereto as Exhibit B.

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Exhibit A
Proposed Annual Assessment Schedule FY 2024-2025
Retail (Based on Annual Gross Receipts)
Annual Gross Revenue Proposed 2024-25 Previous 2023-24
Zone 1 Zone 2 Zone 1 Zone 2$0 - $150,000
$200 $100 $200 $100
$150,001 - $400,000 $400 $200 $400 $200
$400,001-$600,000 $800 $400 $800 $400
$600,001-$1,000,000 $1,150 $575 $1,150 $575
$1,000,000+ $1,500 $750 $1,500 $750
Professional (based on number of employees)
Category Proposed 2024-25 Previous 2023-24
Number Of Employees Zone 1 Zone 2 Zone 1 Zone 2
Sole Proprietor, No
employees
$200 $100 $200 $100
1 to 5 Employees $550 $275 $550 $275
6-15 Employees $1,000 $500 $1,000 $500
16-35 Employees $2,300 $1,150 $2,300 $1,150
36-75 Employees $3,050 $1,525 $3,050 $1,525
76+ Employees 1, 2 $3,050 $1,525 $3,050 $1,525
Service (based on number of employees)
Category Proposed 2024-25 Previous 2023-24
Number Of Employees Zone 1 Zone 2 Zone 1 Zone 2
Sole Proprietor, No
employees
$200 $100 $200 $100
1 to 5 Employees $400 $200 $400 $200
6-15 Employees $800 $400 $800 $400
16-35 Employees $1,700 850 $1,700 $850
36-75 Employees $2,300 $1,150 $2,300 $1,150
76+ Employees 3, 4 $2,300 $1,150 $2,300 $1,150
Financial (flat rate)
Category Proposed 2024-25 Previous 2023-24
Zone 1 Zone 2 Zone 1 Zone 2
Financial
$1,500 $775 $1,500 $775
See footnote for 1,2,3,4

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Proposed Annual Assessment Schedule FY 2024-2025 (Continued) Retail businesses include but is not limited to businesses that have goods and foods for sale including automotive vehicles and parts dealers, home furnishing stores, jewelers, electronics and appliance stores, building material and garden equipment and supplies dealers, food and beverage stores, fullserve restaurants, limited services restaurants, fast food restaurants, cafeterias, dessert and snack establishments, bars, gasoline stations, clothing and clothing accessories, sporting goods, hobby stores, music instruments, book stores, general merchandise store, wireless phone stores and similar.

Professional businesses include but is not limited to businesses that offer services that are highly specialized and typically require licensing and regulations. Professional service providers and information-based businesses such as software publishers, data processing, network hosting and related services, internet publishing and broadcasting and web search portals, venture capital, insurance agencies and brokerage, real estate agents and brokers, offices of lawyers, accounting, architectural, engineering advertising, translation and interpretation services, veterinary services, offices of physicians, offices of dentists, other health practitioners, and similar.

All businesses classified as Professional shall pay an annual assessment based on the number of fulltime equivalency employees.

Sole Proprietor is defined as a self-employed individual who works for themselves without hiring any employees.

Service businesses include but is not limited to providers of personal and business services such as hair salons, nail salons, lock smiths, dry cleaners, auto service and maintenance shops, gyms, vacuum repair shops, educational, childcare, electronic equipment repair, personal care services, and similar.

All businesses classified as Service shall pay an annual assessment based on the number of full-time equivalency employees.

Financial businesses include but not limited to businesses in the financial industry such as money management, payments, digital banking, banks, savings and loan companies, credit unions, finance companies, and similar.

All businesses classified as Financial shall pay a flat annual assessment.

For Professional and Service businesses, the number of employees shall be determined based on Full Time Equivalent of 40 hours a week as reported on the initial business license application and updated thereafter during the annual business license renewal.

Footnote
1 - $3,050 + $14.00 per employee over 75 employees for Zone 1 2- $1,525 + $10.00 per employee over 75 employees for Zone 2 3- $2,300 + $10.00 per employee over 75 employees for Zone 1 4- $1,150 + $7.00 per employee over 75 employees for Zone 2

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Exhibit B
DBIA Boundary Map
Zone 1 – Shaded parcels
Zone 2 --Parcels outlined in black

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DOWNTOWNSAN MATEOASSOCIATION
PREPARED BY:

MACKENZIE JAKOUBEK
Executive [email protected] / DSMA.org
FISCAL YEAR 2023-24

ANNUAL REPORT
JULY 1, 2023 - JUNE 30, 2024

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"The difference that I've noticed... is distinctand palpable. As a resident, a follower of theDSMA Instagram account, and recipient of thenewsletter, the buzz around Downtown SanMateo in the past few months feels cohesiveand alive in a way that it hasn't in years." -Sarah Meier-Heredia
“Please know that your efforts havemade a lasting impact on ourcommunity, and I am truly grateful forall that you do.” -Boba Day Business Participant

ACCOMPLISHMENTS AT A GLANCE
61+ Downtownmerchants directlyparticipated in DSMAcommunity events 11 pop up communityevents added toDowntown calendar
Facebook reachincreased by 160%
Instagram reachincreased by 2k+%
30k+ Downtown SanMateo RestaurantGuides distributedthroughout thePeninsula

DOWNTOWN SAN MATEOASSOCIATION SUMMARY
The Downtown San Mateo Association (DSMA) continues
to play a pivotal role in fostering the resilience and vibrancy of Downtown San Mateo. Since 1986, DSMA has managed
the Downtown Business Improvement District, supporting
merchants and nurturing community connections.

Downtown San Mateo is a regional hub for business and
leisure, attracting visitors from across the Bay Area with its diverse mix of businesses, notably its renowned dining
scene, and its strategic location in Silicon Valley.

Under the leadership of Executive Director Mackenzie
Jakoubek, DSMA has prioritized collaboration and
community engagement as key strategies for activating
Downtown San Mateo. Through partnerships with local
organizations and active participation in and coordination of community events, DSMA has successfully enhanced
Downtown's appeal and visibility. Looking ahead to Fiscal Year 2024-25, DSMA remains committed to building upon
its achievements, with a focus on expanding marketing
and activation efforts, bolstering civic partnerships, and enhancing Downtown's cleanliness and attractiveness.

With a projected budget reflecting strategic resource
allocation and continued support from its dedicated Board of Directors, DSMA is poised to further elevate Downtown San Mateo as a vibrant destination for residents, visitors, and businesses alike.
$96k used forDowntown clean-upefforts
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In the heart of the Peninsula, Downtown San Mateo stands as a testament to resilience, diversity, and evolution– a dynamic hub where commerce and community connect. At its core is the Downtown San Mateo Association (DSMA), a key player in shaping the district's vibrancy.

Each year since 1986, the DSMA has been designated by City Council to manage the Downtown Business Improvement District. We are honored to be tasked with supporting the merchants of Downtown San Mateo and bringing together the community who loves this downtown district.

FY 2023-24 ANNUAL REPORT

INTRODUCTION
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Thanks to its regionally central location,
Downtown San Mateo is a popular place to
meet for both business and leisure purposes.

Visitors come from San Francisco, Santa
Clara County, the East Bay, and, most often,
nearby Peninsula cities. Downtown is known
for its abundance and variety of restaurants,
which make up more than 20% of district
businesses. It is also an important node in the
Silicon Valley ecosystem, hosting start-ups
and tech-based companies of all sizes. The
presence of Mills Health Center means that
Downtown also includes many medical
professionals and other healthcare uses.

While there are traditional retailers in the
district, the storefronts on most blocks are
dominated by food and drink purveyors,
along with services such as salons, fitness
studios, and banks. Several body shops and
automotive businesses can be found east of
the railroad tracks.

In 2024, COVID-19 is behind us, but remote
work remains prevalent. The hybrid work
model continues to shape the reality of the
Bay Area, and the traditional Monday
through Friday, 9-5 office routine has
become less common. However, due to the
balance between housing and office spaces
in Downtown, workers and residents can be
observed working in coffee shops and
restaurants throughout the day. The hybrid
work setup also facilitates flexibility for
fitness studios, salons, and other personal
services to cater to clients at various times,
FY 2023-24 ANNUAL REPORT

DOWNTOWN SANMATEO OVERVIEW
especially during lunch hours. Weekends
are consistently busy, particularly in the
evenings, with residents and visitors
enjoying Downtown’s varied offerings.

Like all downtown areas, San Mateo has
encountered challenges in the past year.

Some small businesses continue to feel the
financial setbacks from COVID, impacting
their operations today. Rising costs due to
inflation have further squeezed their bottom
lines. Additionally, recent layoffs in Silicon
Valley have brought about uncertainty,
leading to reduced personal spending,
particularly on dining out, personal services,
and consumer goods.

Downtown San Mateo grapples with
common challenges for all business
districts. Downtown patrons voice
dissatisfaction with congested traffic,
insufficient parking availability, and unclean
surroundings. While businesses voice
discontentment around rising costs,
inconsistent foot traffic, difficulty finding
help, and other day-to-day obstacles.

Despite these obstacles, the overall
Downtown outlook from businesses and
visitors is positive. New businesses continue
to open up in our district, often citing safety,
cleanliness, and lively atmosphere as the
main reasons for selecting Downtown San
Mateo. Visitors have noted the positive
energy of Downtown, especially with the
increase in special events over the past
year.

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In November 2022, the City Council
approved a modification to the assessments
for Downtown's business improvement
district (BID). This decision was necessary,
as the assessments had not received an
increase since 2009, and the fee structure
remained largely unchanged since the BID's
establishment in 1986. The updated
assessments aim for equity, ensuring that all
businesses that benefit from the BID
contribute their fair share to keep the
Downtown clean, safe, and lively.

Additionally, the new assessments better
reflect the diverse mix of businesses in
Downtown, spanning retail, professional
services, technology, and personal services.

Under the previous assessments, DSMA was
unable to hire full-time staff or expand
operations. The approval of the assessments
and annual levy are essential for the DSMA's
success. It allows DSMA to partner with the
City on the mission of fostering an active and
sustainable Downtown for businesses,
visitors, and residents.

In July 2023, DSMA hired Executive Director
Mackenzie Jakoubek. With more than 15
years of experience in nonprofit
management, customer service, and event
planning, Mackenzie hit the ground running,
adding to the incredible efforts over the past
five years from DSMA’s all-volunteer “army”
of Board Members.

FY 2023-24 ANNUAL REPORT

DSMA OVERVIEW
Mackenzie’s first goal was to connect with
and learn from Downtown merchants,
DSMA Board members past and present,
City of San Mateo staff and leadership,
involved residents, and her counterparts at
other BIDs. She quickly became the “face” of
DSMA and brought attention and
enthusiasm to Downtown San Mateo. At the
same time, she tackled administrative tasks
that had not been addressed since 2017,
when the last Director was in place.

One important theme for Mackenzie in her
first year was collaboration. By collaborating
with like-minded entities, the DSMA aims to
achieve more, collectively, recognizing that
a combined effort yields greater results for
Downtown San Mateo. Through
partnerships with San Mateo Parks &
Recreation, San Mateo’s City Manager’s
Office, Self-Help for the Elderly, San Mateo
Age-Friendly Coalition, B Street Boosters,
and San Mateo Area Chamber of
Commerce, plus many BID members, DSMA
has been able to achieve far more than if
working alone.

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DSMA activities for the past several years have addressed three focus areas: Community Engagement, BID Member Engagement, and Civic Partnership.

FY 2023-24 ANNUAL REPORT

DSMA FOCUS AREAS

COMMUNITYENGAGEMENT
Community engagement focuses on coordinating events and marketing. The goal is to drive traffic Downtown and connect the community with our wonderful and diverse businesses. The primary audiences for community engagement are Downtown workers, San Mateo and Peninsula residents, and visitors to local hotels and events.

COMMUNITY EVENTS (*INDICATES POP UP PERMIT EVENT)
North B Fiesta (Aug 27): This annual
event is a way for the merchants of North
B Street to thank their loyal customers
and share arts and culture from the many
Latin and Hispanic groups represented
on the block. DSMA was a sponsor and
booth participant.

September Nights on B (Sep 7 & 14):

Live music event on the Pedestrian Mall
hosted by the City of San Mateo with
support from the DSMA.

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FY 2023-24 ANNUAL REPORT
COMMUNITY EVENTS CONT’D
San Mateo Fall Fest (Sep 30): This day-
long event offered a variety of live music,
entertainment, local arts, and family-
friendly activities on B Street and beyond,
presented by the San Mateo Area
Chamber of Commerce in conjunction
with California Artists. DSMA was a
sponsor and assisted the Chamber with
coordination and fundraising.

BOOs on B Street & Trick or Treating
(Oct 28): A close collaboration between
San Mateo’s Parks & Recreation
Department and DSMA, BOOs on B
Street welcomed hundreds of kids to the
B Street pedestrian mall to enjoy carnival
games, face painting, a bounce house,
and Halloween activities. DSMA
coordinated with 31 Downtown
merchants who provided candy to
adorable trick-or-treaters. Many
attendees also participated in our
Halloween scavenger hunt that led them
through the entire Downtown.

Las Posadas* (Dec 3): The merchants of
North B Street welcomed their loyal
customers and Holiday Train visitors to
their storefronts with warm cider, gift
bags, and other treats. Unidos en Cristo
sang Spanish-language Christmas carols
throughout the block. The event was
coordinated by the North B Merchants
with DSMA support.

Pre-Holiday Train Entertainment*
(Dec 3): Caltrain’s beloved annual
Holiday Train stopped at the San Mateo
station the evening of Dec 3rd. To
entertain the large crowd (mostly
families with small children) as they
gathered, DSMA coordinated a
demonstration from Core Taekwondo
and a festive holiday music performance
from San Mateo High School’s
Symphonic Band.

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FY 2023-24 ANNUAL REPORT
COMMUNITY EVENTS CONT’D
Jazz on B Street* (Dec 10 & Mar 3): In
December, the Perfect Fifths, Aragon
High School’s elite jazz ensemble, filled
the Pedestrian Mall with festive holiday
music. In March, Hillsdale High School
Knight Train Ensemble gave an energetic
jazz performance that delighted
Downtown San Mateo visitors despite
some rain.

Lunar New Year* (Jan 27): DSMA, San
Mateo Self-Help for the Elderly,
Peopleologie, Core Taekwondo, Lion
Dance ME, and San Mateo Parks and
Recreation participated in this
celebration of the Year of the Dragon.

Three community booths and Parks &
Rec mobile games offered activities for
kids, and Lion Dance ME gave an
incredible performance and paraded
through the pedestrian mall.

Valentine’s Day Photobooth* (Feb 14):

As an added bonus for celebrating
Valentine’s Day in Downtown San Mateo,
DSMA offered free and fun photos to
visiting sweethearts, families,
and groups of friends, elevating the
Downtown experience for all.

Putting Pop Up* (Feb 24): Perform for
Golf furnished a putting green and a
chipping practice area on B Street in
front of their new storefront. Visitors of
all ages were encouraged to try out
their golf skills while enjoying
Downtown.

Perform for Golf Grand Opening*
(April 13): Perform for Golf hosted a
grand opening event, inviting the public
into their new space, while showcasing
several other Downtown businesses
through vendor booths. DSMA
supported and promoted the event.

Music Pop Up* (April 20): Makule, a
duo of San Mateo residents, Charlie
Chin and Victor Labrador, performed
American Folk, Latin Romantic,
Hawaiian, and Blues music for delighted
Downtown visitors.

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FY 2023-24 ANNUAL REPORT
COMMUNITY EVENTS CONT’D
Downtown San Mateo Boba Day*
(April 28): Downtown San Mateo is
lucky to have a number of top-notch
boba shops in our district. To bring
attention to these businesses, DSMA
hosted the first ever Downtown San
Mateo Boba Day. Businesses were
encouraged to give discounts and
samples in order to gain new
customers. DSMA and supporting
partners provided fun activities on B
Street for families and took votes on
the “Downtown San Mateo’s Favorite
Boba 2024.”
Ukulele Jam* (May 18): Charlie Chin
and Victor Labrador led uke-
enthusiasts in a play-along on B Street.

Experienced musicians and curious
newcomers were encouraged to
participate. The San Mateo Public
Library supported this event by lending
ukuleles to all interested. Takahashi
Market donated fun prizes.

Juneteenth* (June 15): In collaboration
with the African American Library
Advisory Committee (AALAC), DSMA
hosted a Juneteenth celebration with
entertainment and community booths.

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DSMA uses social media, email newsletters, and DSMA.org to connect with the community.

Contracted a travel photographer to get updated snapshots that better represent our lively Downtown for social media, website, and other marketing use Announce DSMA events, Downtown happenings, storefront openings & anniversaries, sales and promotions, City of San Mateo announcements, and Downtown businesses in the news Project the Downtown “brand” by sharing snapshots of Downtown (both current and nostalgic), sharing videos and photos after Downtown events occur, highlighting district businesses, and engaging with other San Mateo-related accounts to keep Downtown San Mateo in the conversation
Bring awareness and excitement to campaigns such as Shop Small to Win Big and the Downtown San Mateo Restaurant Guide
Since July 2023, DSMA’s Facebook reach has increased by 160% and we have gained 395 new followers. Our Instagram reach has increased by more than 2,000% and gained over 1,000 new followers. The number of Downtown San Mateo Association Community News email subscribers has increased by 55%.

FY 2023-24 ANNUAL REPORT

DIGITAL MEDIA

PRINT ADVERTISING & OTHER MARKETING
Booth outreach promoting Downtown at the San Mateo Public Library Foundation’s San Mateo Celebrates! and KCSM’s Jazz on the Hill
Ads placed in Central Park during Parks & Recreation events Updated the Downtown San Mateo Restaurant Guide and distributed them through Downtown businesses, community events, and Peninsula hotels More than 30,000 Downtown San Mateo Restaurant Guides were distributed across the Peninsula via the Saturday, April 13 edition of the San Mateo Daily Journal. This allowed the guides to reach potential visitors from South San Francisco to Palo Alto to Half Moon Bay Posters and flyers placed throughout the district to advertise community events Engagement with local media to highlight DSMA events and other Downtown happenings.

Topics for published articles included BLOCK71, Hawaii relief efforts by Atlas Skateboarding, and Downtown San Mateo Boba Day.

Downtown San Mateo ad on the digital billboards at the San Mateo County Event Center during the 2024 County Fair
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FY 2023-24 ANNUAL REPORT

BID MEMBERENGAGEMENT
Co-hosted Mix & Mingle with San Mateo
Chamber of Commerce, connecting their
members and ours
Hosted the Annual Member Appreciation
Party, encouraging DSMA members to
socialize and connect with each other
Support North B merchants group at
monthly meetings and provide liaison to
city services. In order to better
collaborate with North B merchants, we
welcomed Lorry Morales, Manager at La
Pinata, onto the DSMA Board.

Collaborated with Downtown merchants
on community events, offering
sponsorship and partnering opportunities
to help enhance brand recognition.

Putting Pop Up was a win-win for
Perform for Golf, which had just
opened on B Street, and the DSMA.

While providing the putting practice
resources to the community for free,
Perform for Golf was able to
introduce their brand to potential
new clients.

Downtown San Mateo Boba Day was
both a community event and a way to
drive traffic to individual boba shops.

By participating, boba shops would
have their brands featured in event
marketing and benefit from
excitement around the event.

Takahashi Market supported the
Ukulele Jam in May by donating
give-aways. This, in turn, provided
exposure to their business.

Developed welcome guide and used in
outreach visits to new Downtown
businesses
Worked with the San Mateo Area
Chamber of Commerce on the “Shop
Small to Win Big!” campaign for Small
Business Saturday. This campaign
helped drive business to San Mateo
merchants the Saturday after
Thanksgiving, but more importantly,
brought attention to the many small
businesses in our district. Several
businesses also supported the campaign
by donating prizes and handing out
postcards, which brought them
additional recognition.

Downtown San Mateo Association
Member News email shares events,
business resources and opportunities,
and Downtown news coverage via email
with 500+ subscribers once a month. It
garners positive feedback from many
businesses and consistently has an open
rate of 45%.

While BID membership is automatic based on a district address, awareness and participation are not. The DSMA strives to engage BID members and add value for the many types of businesses Downtown.

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Published and distributed “Your Role in a
Clean Downtown” brochures
Created new holiday banners, placed on
B Street from Tilton to 3rd Avenue
Regular communication with San Mateo
Police Department, adding to the safety
and security of Downtown
Funded extra cleaning services;
Downtown porters picked up litter and
addressed other cleanliness issues 7
days a week. This year, after community
feedback, they expanded regular
cleanings to Zone 2.

DSMA Beautification & Improvements
Committee restarted district “walk-
arounds” to identify and address
cleanliness and maintenance problems
Facilitated discussions with stakeholders
to initiate community murals

DOWNTOWN BEAUTIFICATION & CLEANLINESS
Worked with involved businesses to
make improvements on landscaping
Reviewed proposals and prepared plans
for supplemental power washing to begin
in FY25
Participated in discussions on the
creation of a new Downtown public
bathroom

CIVICPARTNERSHIP
DSMA routinely works with City of San Mateo staff from Public Works, Parks & Recreation, and the City Manager’s Office on projects affecting Downtown.

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FY 2023-24 ANNUAL REPORT

ADDITIONAL CIVIC PARTNERSHIP ACTIVITIES
Business outreach for City initiatives
including grant opportunities, flood
prevention, and emergency
preparedness awareness (Example:
sharing information about $5,000
restaurant grant in spring 2024)
Promotional support for City-sponsored
large-scale events including Central Park
Music Series, Winter Wonderland,
Eggstravaganza, and September Nights
on B, plus smaller events at the San
Mateo Public Library and San Mateo
parks
Maintained Walgreens community
window, ensuring fair use for community
organization advertising
Responded to businesses' complaints
and inquiries, and resolved issues
whenever possible or facilitated
connections with the appropriate
entities for further assistance
Facilitated DSMA Board meeting
presentations from Flood Free San
Mateo, ReThink Waste, City of San
Mateo’s Public Works Department, and
the San Mateo Consolidated
Fire Department’s Office Of Emergency
Services
Participated in “Revv Up Downtown,” a
working group to help coordinate
activation events Downtown
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Integrate the newly hired Executive Director into the fabric of Downtown as quickly and smoothly as possible
Continue to support marketing, outreach, and public safety information Continue to partner with City staff to continue the support of Downtown Plan to restart the Downtown walk around with City staff and DSMA board members Refresh, print, and distribute the printed Downtown San Mateo Restaurant Guide and Your Role in a Clean Downtown brochure
Sponsor and promote Downtown events (eg. Music in the Park, September Nights on B Street, College of San Mateo Centennial etc.)
Create relationships with developers and tech companies coming into the area Regular updates to City council to share information about Downtown activations, special events, and Downtown business news
Set up Board Committees to facilitate more participation Advertise the new DSMA website to further market to and engage the public to visit Downtown businesses
PROGRESS ON FY 2023-24 GOALS
GOALS
Last year’s goals are listed below and rated “Successful,” “Continuing Efforts,” or “Delayed.” The nature of DSMA’s work is one of continuing improvement and growth; even if we are successful, no goal is ever complete.

SUCCESSFUL
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FY 2023-24 ANNUAL REPORT
Develop a communications plan to further the DSMA brand Implement targeted messaging campaigns throughout the year which will feature various Downtown attributes
Develop social media advertising
Continue print ads in the local paper, the San Mateo Daily Journal Regular representation at Council, task force, and Commission meetings Expand board membership
Improved board member participation
Strengthen economic development collaborations with local organizations Research the impact of installing a public restroom in Downtown, closer to the core of the Downtown

CONTINUING EFFORTS
Explore the possibility of college interns helping with DSMA operations and events Restart hotel magazine ad campaign (we are evaluating the best use of our marketing budget)

DELAYED
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FY 2023-24 ANNUAL REPORT
DSMA will continue with our successes from FY 2023-24, growing projects as needed and making coordination more efficient. In addition, DSMA aims to achieve the following in FY 2024-

25. Initiate supplemental power washing services to enhance Downtown's cleanliness, offering cleaning services beyond what is provided by the City of San Mateo Continue and grow pop-up events on the B Street Pedestrian Mall and beyond, bringing energy and visibility to Downtown
Expand marketing efforts to San Francisco and the greater Bay Area Hire a third party to conduct a financial audit
Support the City of San Mateo with the Downtown Specific Plan and the “Revv Up Downtown” working group
GOALS FOR FISCAL YEAR 2024-25
PROPOSED DSMA EVENTS FOR FY 2024-25 (* INDICATES POP UP EVENT PERMIT) July (date TBD): Game meetup*
July (date TBD): Music performance in
partnership with Fogbird*
August (date TBD): Music performance
in partnership with Fogbird*
August (date TBD): Kid-centered
performance or activity*
August 25: North B Fiesta (North B
Merchants with DSMA support)
September 12 & 19: September Nights on
B (City of San Mateo event, DSMA will
support)
September 28: San Mateo Fall Fest &
Celebration of the Arts (San Mateo Area
Chamber of Commerce event with
DSMA support)
October (date TBD): Music or other
performance*
October 26: BOOs on B Street
(collaboration with San Mateo Parks &
Recreation)
November 30: Small Business Saturday
(booth with information and giveaways,
music performances)*
December 8: Pre-Holiday Train
entertainment*
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FY 2023-24 ANNUAL REPORT
PROPOSED DSMA EVENTS CONT’D
December 8: Las Posadas (North B
Merchants event with DSMA support)*
December 15: Pop up holiday music
event featuring San Mateo high schools*
January 25 (tentative date): Lunar New
Year*
February 14: Valentine’s Day pop up*
February (date TBD): Pop up event*
March (date TBD): Pop up event*
April (Date TBD): Pop up* collaboration
with College of San Mateo’s Learning
Communities (cultural performances)
Early May (date TBD): Downtown San
Mateo Boba Day
June (date TBD): Juneteenth
Additional pop up events will be added as budget and schedules allow.

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FY 2023-24 ANNUAL REPORT
BUDGET
FY 2023-24 saw a significant increase in revenue due to the BID assessment modification approved by City Council. We anticipate FY 2024-25 revenue will remain the same, or increase slightly due to new businesses opening in the district. We have also added a line for potential sponsorship revenue. Sponsoring activities Downtown is a way for businesses and community organizations to show their whole-hearted support for Downtown San Mateo activation.

Spending in FY 2023-24 was slightly conservative as the Board wanted to see the full impact of the assessment change. For FY 2024-25, DSMA will have a better understanding of assessment revenue and can use the expense budget more effectively.

The expense highlights are:

Programmatic
Community events
Banners
Civic Partnership
Downtown Cleaning Porter
Marketing
Advertising and Promotion
Social Media contractor
Photographer
Payroll & Professional Services
Executive Director
Internship
Administration
A small contingency fund for unplanned expenses
The DSMA projects a cash balance of $211.0K at the start of FY 2024-25 and projects a cash balance of approximately $211.0K at the end of the budgeted FY 2023-24.

DSMA is redirecting the savings from sharing an office with the Downtown Coordinator towards programs that support our mission. While DSMA doesn’t utilize any city equipment, the shared space fosters a closer relationship between DSMA, the City, and Downtown businesses. We would like to express our sincere gratitude to the City for providing the shared space and for its ongoing support and partnership.

ESTIMATED INCOME ANDEXPENSES FOR FY 2024-25
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JUNE 2024 18

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President, Lew Cohen, B Street Books
Vice President, Colleen Rafferty, Christensen & Rafferty Fine Jewelry Treasurer, Cathy Levitt, Tri Counties Bank
Robert Anderson, Downtown Resident
Steve Carey, LifeMoves
Martin Kent, Draper University
Tyson Mao, Wursthall
Lorry Morales, La Pinata
Joe Sully, Downtown Building Owner
Susan Uzunoglu, Susan’s European Beauty Therapy
FY23-24 ANNUAL REPORT

DSMA BOARD
JUNE 2024 19

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June3, 2024
SanMateoCityCouncil330W. 20thAvenueSanMateo, CA94403
Dear CityCouncil Members,
I ampassingalongthisletter toshowmysupport for therenewal of theDowntownBusinessImprovement Area. TheDowntownSanMateoAssociationhasplayedaleadingroleinenhancingthevibrancyandappeal of our downtowndistrict throughitseffectivecommunityengagement, marketing, andcivicpartnershipinitiatives. Peoplearestartingtoseejust howgreat downtownSanMateocanbewiththerecent effortsandweneedtocontinuetosupportthemtoseeit flourishevenmore.

Over thepast year, DSMAhasbrought renewedenergyandcollaborationtoour community,benefitingbothbusinessesandresidents. TheDSMA'seffortsareessential for maintainingathrivingdowntown, andI urgeyoutopleaseapproveitsrenewal.

Sincerely,
DavidHunsakerOwnerFogbird
Fogbird–144SouthBStreet, SanMateoCA. 94401

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San Mateo City Council
330 W. 20th Avenue
San Mateo, CA 94403
Dear Council Members,
I am writing to convey my enthusiastic support for the renewal of the Downtown Business Improvement Area. The Downtown San Mateo Association (DSMA) has been instrumental in revitalizing our downtown district through its adept community engagement, innovative marketing, and invaluable civic partnerships. The impact of DSMA ’s initiatives, particularly their exemplary work on Boba Day, has been profoundly beneficial to both of my businesses.

Over the past year, DSMA has infused our community with renewed vigor and a spirit of collaboration, enriching the lives of both residents and business owners. Their continued efforts are vital to the prosperity and vibrancy of our downtown. I earnestly urge you to approve the renewal of this indispensable organization.

Sincerely,
Joe Zou
Owner
Potato Guys and Sweet Moment

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 24 Section Name: PUBLIC HEARING Account Number: 25-3112 File ID: 24-8827 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 17, 2024
SUBJECT:

By-Right Housing Opportunity Overlay District – Zoning Code and Map Amendments – Ordinance Introduction RECOMMENDATION:

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

BACKGROUND:

Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of their community. Local governments meet this requirement by adopting housing elements, which are updated every 8 years. The housing element is a "chapter” of a city’s General Plan, which is also required by State law. However, it is the only element of the General Plan subject to State requirements for content, and the State Department of Housing and Community Development (HCD) makes a determination regarding whether it is consistent with state law. State funding programs for transportation, infrastructure, and housing often require or consider a local jurisdiction’s compliance with housing element law and whether HCD has approved the housing element. In addition, non-compliance with housing element requirements could potentially affect a local jurisdiction’s ability to impose local zoning and land use controls over housing development and receive certain types of State funding and grants.

On May 20, 2024, the City Council adopted San Mateo’s 2023-2031 Housing Element to affirmatively further fair housing and accommodate the City’s 7,015-unit Regional Housing Needs Allocation (RHNA) for the Sixth Housing Element Cycle (2023-2031). The adopted Housing Element was submitted to HCD on May 24, 2024.

The Housing Element identifies how the City can accommodate its RHNA of 7,015 new units over the next eight years, and establishes goals, policies, and programs to help address the City’s current and future housing needs. Under Goal 1 – Production, the City commits to facilitate and support the production of new housing at all income levels, but especially affordable housing. Twenty policies with 52 implementing actions have been identified to support this goal.

One of the identified policies under the Production goal, Policy H 1.10, commits the City to establishing a by-right housing designation for housing opportunity sites identified in a prior housing element, pursuant to Government Code 65583.2(c).

Specifically, the implementation action within this policy requires the City to amend the Zoning Code and establish a by- right zoning designation for housing development projects in which at least 20 percent of the units proposed are affordable to lower income households on these reused sites. Zoning for these sites must allow for at least 30 units per

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acre to comply with the State law. These amendments need to be adopted to ensure that HCD can certify the City’s Housing Element. The adoption of the by-right ordinance was delayed beyond the statutory deadline of January 31, 2024, due to General Plan and Housing Element adoption hearings in early 2024. The City advised HCD of this delay and coordinated with HCD on the timing of the Housing Element and by-right ordinance. City staff shared a draft of the Ordinance with HCD for review and input on May 3, 2024, and HCD provided preliminary approval on May 6, 2024.

DISCUSSION:

To implement the General Plan and Housing Element policies, State law requires that the City review and update the Zoning Code to ensure that the review processes and requirements are compatible with the objectives, policies, and programs specified in the General Plan. San Mateo Municipal Code section 27.060.040(c) requires the Planning Commission to review amendments to the Zoning Code and make a recommendation to the City Council.

The proposed zoning code amendments (Attachments 1 and 2) would create a new chapter in the Zoning Code, namely Chapter 27.94, Housing Opportunities Overlay District (H) (“Ordinance”). The Ordinance would create eligibility parameters and review processes for housing development projects that meet the by-right requirements of Government Code 65583.2(c) and Policy 1.10 of the Housing Element. The Ordinance also amends the Zoning Map to create an H Overlay District on 40 identified parcels that were listed in prior housing elements as opportunity sites and thus qualify for this streamlined review process through the establishment of this overlay district. These sites include 35 nonvacant sites that were identified in the prior housing element and five (5) vacant sites that have been included in two or more consecutive housing elements and were not approved for development.

One Council member’s real property interest is within 500 feet of one of the eligible parcels, namely 200 S. Fremont. Staff therefore prepared a separate ordinance to rezone this property. The entire Council may first vote on the zoning text changes and overlay district, except for the parcel at 200 S. Fremont. Then, the rest of the Council may vote on rezoning the subject parcel while one Council member is recused. See Attachment 3 for a Parcel Disposition Table and a Map of the subject sites.

The Ordinance would also allow housing development projects that propose 20% of the units as affordable to lower income households to be reviewed and approved without discretionary review or environmental review under the California Environmental Quality Act, pursuant to Government Code Section 65583.2(i). Qualifying housing projects compliant with the City’s Municipal Code and Objective Design Standards (approved by the Council on November 20, 2023) would be subject to Zoning Administrator approval without discretionary review or public hearings. All applicable standard conditions of approval may still be imposed on these projects. Since this approval would be ministerial, the Zoning Administrator decision for such projects would be final, and thus could not be appealed to the Planning Commission or City Council. This new process would allow further streamlining during the review process for all by-right housing projects proposed at these sites.

Collectively, if developed at 30 units per acre, the 40 identified sites would result in 1,007 housing units, out of which 220 units would be affordable to the lower income households. The sites may be developed at higher or lower densities as allowed by the underlying base zoning. All requirements and standards associated with the underlying base zoning would remain unchanged, and existing permitted uses would not be affected by the creation of the H Overlay District.

The zoning designation for by-right residential uses allowing 30 dwelling units per acre is within the density limits of the land use designations of the San Mateo General Plan 2040, and as set by Measure Y (the City’s voter approved density limits). The proposed code amendments will implement Policy H 1.10 of the Housing Element; therefore, the proposed Ordinance is consistent with the City’s adopted General Plan.

Planning Commission Recommendation
The Planning Commission reviewed the proposed amendments on May 28, 2024 , and recommended that Council adopt the proposed amendments to the zoning code and the zoning map to establish the H Overlay District. The Planning Commission also included an advisory recommendation that Council consider allowing by-right housing projects at the City’s existing inclusionary requirement (15% of base density) when prevailing wages are paid. Staff does not recommend

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incorporating the Planning Commission’s advisory recommendation into the Ordinance. The City’s adopted General Plan 2040 includes policies and actions that support local hiring and address living wages issues. Moreover, the Ordinance is narrowly focused on creating a specific zoning designation to comply with State law.

Next Steps
Following the City Council public hearing to introduce the Ordinance, it will be brought back for adoption through a second reading at a subsequent City Council meeting and would become effective 30 days after adoption. The final adopted version of the Ordinance will be shared with HCD to facilitate certification of the City’s Housing Element.

BUDGET IMPACT:

Policy work and code updates to support Housing Element implementation are accounted for within the Community Development Department’s annual budget, with funding for this activity coming from the Advance Planning Fund.

ENVIRONMENTAL DETERMINATION:

The Environmental Impact Report (“EIR”) for the San Mateo General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040. On March 18, 2024, the City Council certified the EIR. In accordance with California Environmental Quality Act (“CEQA”) Guidelines Section 15183, the Ordinance to establish a by-right residential overlay district and reclassify parcels with the overlay district (“project”) is exempt from further environmental review because the Project is consistent with the land use designation for the sites adopted as part of the General Plan 2040 for which an EIR was certified. Also, the residential development density allowed by the Ordinance is consistent with the development density established by zoning or general plan policies.

Applying Section 15183, there are no project specific effects that are peculiar to the project or the sites; there are no project specific impacts that the General Plan EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the general plan EIR failed to evaluate; and there is no substantial new information which results in more severe impacts than anticipated by the General Plan EIR. Furthermore, any future development of sites specified in these code amendments would not constitute a “project” for CEQA purposes due to their non- discretionary nature, pursuant to Government Code Section 65583.2(i). A detailed analysis in support of this CEQA determination is included as Attachment 4.

NOTICE PROVIDED
All meeting noticing requirements were met. A public hearing notice of the proposed code amendments, pursuant to Government Code Sections 65090 and 65091, was published in the San Mateo Daily Journal, and posted at three public locations within the City. Mailed notices were provided to the 40 property owners that would qualify for the new H Overlay District and to the Department’s general notification list; and information about this initiative was sent out through the Department’s e-newsletter.

PUBLIC COMMENTS:

Staff has not received any public comments as of the publication of the agenda report. Public comments submitted after agenda publication will be posted to this item on the City’s Public Meeting Portal as “Post Packet Public Comments.”

ATTACHMENTS
Att 1 - Draft Ordinance
Exhibit A: List of Parcels
Exhibit B: Ordinance Map
Att 2 – Draft Ordinance for 200 S. Fremont
Exhibit A Ordinance Map
Att 3 - Parcel Disposition Table and Map
Att 4 - CEQA Section 15183 Findings

STAFF CONTACT
Manira Sandhir, Planning Manager

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[email protected]
650-522-7203
Steve Golden, Principal Planner
[email protected]
650-522-7215

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DRAFT ORDINANCE
Adding Chapter 27.94, Housing (H) Opportunities Overlay District, to Title 27, Zoning, of the San Mateo Municipal Code and Amending the Zoning Map of the City of San Mateo to Establish the Housing Opportunities Overlay District (H)
WHEREAS, the State Housing Element Law (Government Code Section 65580 et seq.) requires that the City Council adopt a H ousing Element for the eight- year period of 2023 -2031 to accommodate the City of San Mateo (“City”) regional housing need allocation (RHNA) of 7,015 housing units; and WHEREAS, on May 20, 2024, the City Council adopted a resolution to adopt the revised Housing Element of the General Plan for the period of 2023-2031 (Housing Element); and WHEREAS, Government Code Section 65583.2(c) requires nonvacant sites identified in a prior housing element and vacant sites that have been included in two or more consecutive planning periods that were not approved to develop a portion of the City’s assigned RHNA to be rezoned to allow for residential use by-right for housing developments in which at least 20 percent of the units are affordable to lower income households; and
WHEREAS, pursuant to Government Code Section 65583.2(c), Policy H 1.10 of the 2023-2031 Housing Element requires amending the Zoning Code to establish a by-right zoning designation for housing sites reused from prior Housing Elements for housing projects that propose a minimum of 20 percent affordable units for lower income households and allows a minimum of 30 dwelling units per acre; and
WHEREAS, the Housing Element has identified sites that can accommodate sufficient housing units to meet the City’s RHNA plus a buffer, and includes 35 nonvacant sites that were identified in the prior housing element and five (5) vacant sites that have been included in two or more consecutive planning periods and were not approved for development; and WHEREAS, the zoning designation for by-right residential uses allowing 30 dwelling units per acre is within the density limits of the land use designations of the San Mateo General Plan 2040; and WHEREAS, the Environmental Impact Report (EIR) for the San Mateo General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040; and
WHEREAS, on March 18, 2024, at a duly noticed public hearing, the City Council certified the EIR for the San Mateo General Plan 2040, pursuant to the California Environmental Quality Act of 1970, together with related State implementation guidelines promulgated thereunder (CEQA); and WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing, received all written and oral public comments, and recommended that the City Council approve the proposed ordinance establishing the Housing Opportunity Overlay District (H) and amending the zoning map to reclassify parcels on housing sites used in previous Housing Elements with the Housing Opportunity Overlay District (H).

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NOW , THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

SECTION 1. Legislative Findings. At a duly noticed public hearing on _____________________, 2024, the City Council of the City of San Mateo reviewed and considered the accompanying staff report and attachments thereto, the exemption from environmental review, together with comments received during the public review process, and hereby finds and determines that the proposed ordinance is consistent with the adopted General Plan in that it supports the development of housing and achieves the General Plan’s stated goals and policies.

SECTION 2. Chapter 27.94 is added to Title 27 of the San Mateo Municipal Code as follows:

Chapter 27.94 Housing Opportunities Overlay District (H)

27.94.005 Purpose
The purpose of the Housing Opportunities Overlay District (H) is to establish by-right residential uses on sites identified to accommodate a portion of the housing need for lower income housing in the General Plan Housing Element, pursuant to Government Code Sections 65583.2(c) and (i). This chapter establishes minimum development requirements and procedures for reviewing and approval of the by- right residential development uses.

27.94.010 By-Right Residential Use Eligibility

The following housing development projects are eligible for by-right approval. Housing development projects that are ineligible for by-right approval shall be subject to the requirements for residential development in the underlying zoning district.
(a) Pursuant to Government Code Section 65583.2(c) and (h), housing development projects in which at least 20 percent of the units proposed are affordable to lower income households, as defined in Health and Safety Code Section 50079.5, and is a household whose income is equal to or less than eighty percent of the area median income, as published by the California Department of Housing and Community Development. The housing development project shall be allowed at the density allowed in the underlying zoning district and shall be allowed a minimum density of at least 30 dwelling units per acre. A “housing development project” shall have the same meaning as defined in Government Code Section 65589.5(h)(2).

27.94.020 By-Right Residential Use Requirements

(a) Site plan and architectural review approval is required under Chapter 27.08, Rules of Procedure. The Zoning Administrator shall be the approval authority for projects proposed pursuant to this chapter that comply with the City’s Municipal Code and Objective Design Standards. The Zoning Administrator shall not exercise any discretion in the review process for such projects and their decision shall be final.

(b) The site plan and architectural review shall not constitute a “project” for the purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

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(c) Any subdivision of the site shall be subject to all laws, including, but not limited to Title 26 of the City of San Mateo Municipal Code (Subdivisions).

(d) Notwithstanding Section 27.94.010, the following objective development standards shall apply to housing development projects built pursuant to this chapter:

(1) Development standards set forth in the underlying zoning district.

(2) For a project within another overlay district, the development standards of the overlay district.

(3) For development projects within an E2 Zoning District without an overlay district, the R4 development standards.

(4) For development projects within a Specific Plan or within the TOD zoning district, the applicable development standards of the Specific Plan or TOD zoning district.

(5) Objective Design Standards for multi-family and residential mixed-use projects as adopted by City Council resolution.

(6) Applicable standard conditions of approval.

SECTION 3. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment to establish a by-right residential overlay district and reclassify parcels with the overlay district (“project”) is exempt from further environmental review because the Project is consistent with the land use designation for the sites adopted as part of the General Plan 2040 for which an Environmental Impact Report (EIR) was certified by the City Council on March 18, 2024 and the allowed residential development density is also consistent with the development density established by zoning or general plan policies. There are no project specific effects that are peculiar to the project or the sites; there are no project specific impacts that the General Plan Update EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the general plan EIR failed to evaluate; and there is no substantial new information which results in more severe impacts than anticipated by the general plan EIR, all as further explained in the CEQA memorandum attached to the staff report. Furthermore, any future development of the sites pursuant to these code amendments would not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code pursuant to Government Code Section 65583.2(i).

SECTION 4. Zoning Map. The Zoning Map of the City of San Mateo is hereby amended to add the Housing Opportunities Overlay District (H) on the 39 properties listed in Exhibit A and depicted in Exhibit B, attached hereto and incorporated by reference. The Zoning Map shall be amended to reflect this amendment.

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SECTION 5. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

SECTION 6. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section

2.15 of the City Charter.

SECTION 7. Legislative History And Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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EXHIBIT A
Site Address Assessor Parcel
Number
Current Zoning
Designation
Amended Zoning
Designation
4 W Santa Inez Ave 032-075-010 R4 R4/H
1 Engle Rd 032-075-100 R4 R4/H
121 N San Mateo Dr 032-292-070 E2-1.5 E2-1.5/H
117 N San Mateo Dr 032-292-080 E2-1.5 E2-1.5/H
5 N San Mateo Dr 032-312-250 E2-0.5/R5 E2-0.5/R5/H
402 Tilton Ave 032-331-010 R3 R3/H
406 Tilton Ave 032-331-020 R3 R3/H
20 N Railroad 032-331-150 R3 R3/H
131 N Kingston 033-171-060 R4 R4/H
1218 Monte Diablo 033-171-180 R4 R4/H
E 5th Ave/San Mateo Dr 034-144-240 CBD/R CBD/R/H
480 E 4th Ave 034-183-060 CBD/S CBD/S/H
1620 S Delaware St 035-200-070 TOD TOD/H
1731 Leslie St 035-215-060 TOD TOD/H
1741 Leslie St 035-221-010 TOD TOD/H
1753 Leslie St 035-221-020 TOD TOD/H
678 Concar Dr 035-242-090 TOD TOD/H
666 Concar Dr 035-242-140 TOD TOD/H
1855 S Delaware St 035-242-160 TOD TOD/H
1880 S Grant St 035-242-170 TOD TOD/H
690 Concar Dr 035-242-190 TOD TOD/H
1820 S Grant St 035-242-200 TOD TOD/H
640 Concar Dr 035-242-210 TOD TOD/H
Concar Dr/S Delaware St 035-242-220 TOD TOD/H
229 W 20th Ave 039-052-350 R3 R3/H
205 W 20th Ave 039-060-010 E1-1/R4 E1-1/R4/H
2050 Pioneer Ct 039-060-060 E1-1/R4 E1-1/R4/H
2070 Pioneer Ct 039-060-070 E1-1/R4 E1-1/R4/H
2055 Pioneer Ct 039-060-090 E1-1/R4 E1-1/R4/H
2745 S El Camino Real 039-351-070 TOD TOD/H
2825 S El Camino Real 039-351-110 TOD TOD/H
2833 S El Camino Real 039-351-120 TOD TOD/H
2837 S El Camino Real 039-351-130 TOD TOD/H
2841 S El Camino Real 039-351-999 TOD TOD/H
3111 S El Camino Real 039-360-070 TOD TOD/H

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Site Address Assessor Parcel
Number
Current Zoning
Designation
Amended Zoning
Designation
3101 S El Camino Real 039-360-160 TOD TOD/H
3069 W Kyne St (BMSP - RES 6) 040-031-040 BMSP BMSP/H
36th Ave/Colegrove St 042-121-060 C3-1/R4 C3-1/R4/H
4300 S El Camino Real 042-245-120 C1-1.5/R4 C1-1.5/R4/H

349 of 671

9th Ave
S Grant St
NKingstonSt
N Norfolk St
BaldwinAve
HuronAve
N Ellsworth Ave
1st Ave
2nd Ave
SBSt
S Ellsworth Ave
SNorfolk St
W
Sa
ntaInezAve
Monte Diablo Ave
Tilton Ave
N B St
W 5th Ave
N Amphlett Blvd
W3rdAve
S Kingston St
SBaysho
reBlvd
S Amphlett Blvd
El CerritoAve
N Bayshore Blvd
R1B
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1CR1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R6-D
R6-D
R6-D
R6-D
R6-D
R6-D
R6-D
C1-0.5
OS
OS
OS
OS
E2-0.5/R/SC
R4/SC
E2-2/R5/SC
R6-D/SC
C2-1/R4
C1-3/R5
C1-3/R5
C1-3/R5
C4-1.5
C4-1.5
C4-1.5
TC
CBD
CBD
CBD
CBD
CBD
CBD
CBDCBD
CBD
CBD
C2-2 M1
M1
M1
E2-2
E2-2
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
R4-D
R4-D
R4-D
R5-D
R5-D
R5-D
R5-D
E2-2/R5
E2-2/R5
E2-2/R5
E2-2/R5
E2-2/R5
R1B
R1B
R1B
R1B
C1-2/R5
C1-2/R5
C1-2/R
CBD/R
CBD/R
CBD/R
CBD/R
CBD/R
E2-0.5/R
E2-0.5/R5
E2-0.5/R5
E2-0.5/R5
C1-1
C2-1
C2-1
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1/R4
E2-1/R4
R2
R2
R2
R2
R2
R2
R2R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
TC
TC
TC
TC
TC
TC
TC
TC
TC
TC
E2-1
C3-2
R1A
R1A
R1A
R1A
R1A
R1A R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
C4-1.5
C4-1
C4-1
C4-1
C4-1
C4-1
C4-1
C4-1
City of San Mateo
H-Overlay

PREPARED BY

PLANNING DIVISION
0 400 800
US Feet
Source: ESRI, 2024; City of San Mateo, 2024.

H Overlay
TOD -
transit Oriented
Development
TC -
Transportation
Corridor
S - Shoreline
R6-D - Multi-Family
Dwellings (Downtown)
R5 - Multi-Family
Dwellings (High
Density)
R4 - Multi-Family
Dwellings (High
Density)
R3 - Multi-Family
Dwellings (Med.

Density)
R2 - Two Family
Dwellings
R1C - One Family
Dwelling "C"
R1B - One Family
Dwelling "B"
R1A - One Family
Dwelling "A"
OS - Open Space
M1 - Manufacturing
E2 - Executive Offices
E1 - Executive Park
CBD/S - CBD - Centeral
Business Support
CBD - Centeral Business
C4 - Service Commercial
C3 - Regional/
Community Commercial
C2 - Regional/
Community Commercial
BMSP -
Bay Meadows
Specific Plan
A - Agricultural
C1 - Neighborhood
Commerical
Zoning
Legend

EXHIBIT B

350 of 671

92 Palm
Ave
W 20th Ave
22nd Ave
Ginnever St
Pacific Blvd
S B St
South Blvd
Borel
Ave
E 20th Ave
Isabelle
Ave
Concar Dr
S Grant St
Bovet Rd
A
R1C
R1C
R1CR1CR1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1CR1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1CR1C
R1C
R1C
R1C
C3-1/Q4
C1-0.5
OS
OS
R1B/Q6
C2-2/R4
E1-1/R4
E1-1/R4
E1-1
E1-1
E1-2
E1-2
C1-2
C1-2
C3-1
C3-1
C3-1/R
C3-1/R
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
TOD
TODTOD
TOD
TOD
TOD
TOD
TOD
C2-1/R4
C2-1/R4
C2-2
C2-2
E2-2
R1B
R1BR1B
R1B
R1B
C2-1
C2-1
C2-1
C2-1
C2-1
C2-1
C2-1
E2-1/R4
E2-1/R4
E2-1/R4
E2-1/R4
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2R2
R2
R2
R2
R2
R2
TC
TC
E2-1
R3
R3
R3
R3
R3
R3
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4R4
R4
R4
R4
R4R4
R4
C4-1 C4-1
C4-1
C4-1
C4-1
C4-1
E2-1/R4
BMSP
0 250 500
US Feet
City of San Mateo
H-Overlay

PREPARED BY

PLANNING DIVISION
Source: ESRI, 2024; City of San Mateo, 2024.

H Overlay
TOD -
transit Oriented
Development
TC -
Transportation
Corridor
S - Shoreline
R6-D - Multi-Family
Dwellings (Downtown)
R5 - Multi-Family
Dwellings (High
Density)
R4 - Multi-Family
Dwellings (High
Density)
R3 - Multi-Family
Dwellings (Med.

Density)
R2 - Two Family
Dwellings
R1C - One Family
Dwelling "C"
R1B - One Family
Dwelling "B"
R1A - One Family
Dwelling "A"
OS - Open Space
M1 - Manufacturing
E2 - Executive Offices
E1 - Executive Park
CBD/S - CBD - Centeral
Business Support
CBD - Centeral Business
C4 - Service Commercial
C3 - Regional/
Community Commercial
C2 - Regional/
Community Commercial
BMSP -
Bay Meadows
Specific Plan
A - Agricultural
C1 - Neighborhood
Commerical
Zoning
Legend

351 of 671

Hacienda St
42nd
Ave
Saratoga Dr
E 39th Ave
E 40th Ave
37th Ave
Laurie Meadows Dr
E 28th Ave
Edison St
28th
Ave
Orinda Dr
Franklin Pkwy
31st
Ave
BMSP
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
C1-0.5
C1-0.5
C1-0.5
C1-0.5
C1-0.5
C1-0.5
OS
OS
C1-1.5/R4
C1-1.5/R4
C1-1.5/R4
C1-1.5/R4
C2-0.5
BMSP
C2-2/Q5
C2-2/Q5
C2-2/Q5
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
TOD
R1B
R1B
R1B
R1B
R1B
R1B
R1B
R1B
R1BR1B
R1B
R1B
R1B
C1-0.5
R5
R5
R5
R5
R5
R5
R5
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2 R2
R2
R2
R2
R2
TC
C3-2
E2-1
E2-1
C3-2
C3-2
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
C4-1
C4-1C3-1/R4/SC
BMSP
R4/SC
C2-1
0 500 900
Feet
City of San Mateo
H-Overlay

PREPARED BY

PLANNING DIVISION
Source: ESRI, 2024; City of San Mateo, 2024.

H Overlay
TOD -
transit Oriented
Development
TC -
Transportation
Corridor
S - Shoreline
R6-D - Multi-Family
Dwellings (Downtown)
R5 - Multi-Family
Dwellings (High
Density)
R4 - Multi-Family
Dwellings (High
Density)
R3 - Multi-Family
Dwellings (Med.

Density)
R2 - Two Family
Dwellings
R1C - One Family
Dwelling "C"
R1B - One Family
Dwelling "B"
R1A - One Family
Dwelling "A"
OS - Open Space
M1 - Manufacturing
E2 - Executive Offices
E1 - Executive Park
CBD/S - CBD - Centeral
Business Support
CBD - Centeral Business
C4 - Service Commercial
C3 - Regional/
Community Commercial
C2 - Regional/
Community Commercial
BMSP -
Bay Meadows
Specific Plan
A - Agricultural
C1 - Neighborhood
Commerical
Zoning
Legend

352 of 671

CITY OF SAN MATEO

DRAFT ORDINANCE
Amending the Zoning Map of the City of San Mateo to Rezone the Site at 200 S. Fremont St. (APN 033- 163-160) from R-D to R-D/H
WHEREAS, the State Housing Element Law (Government Code Section 65580 et seq.) requires that the City Council adopt a H ousing Element for the eight- year period of 2023 -2031 to accommodate the City of San Mateo (“City”) regional housing need allocation (RHNA) of 7,015 housing units; and WHEREAS, on May 20, 2024, the City Council adopted a resolution to adopt the revised Housing Element of the General Plan for the period of 2023-2031 (Housing Element); and WHEREAS, Government Code Section 65583.2(c) requires nonvacant sites identified in a prior housing element and vacant sites that have been included in two or more consecutive planning periods that were not approved to develop a portion of the City’s assigned RHNA to be rezoned to allow for residential use by-right for housing developments in which at least 20 percent of the units are affordable to lower income households; and
WHEREAS, pursuant to Government Code Section 65583.2(c), Policy H 1.10 of the 2023-2031 Housing Element requires amending the Zoning Code to establish a by-right zoning designation for housing sites reused from prior Housing Elements for housing projects that propose a minimum of 20 percent affordable units for lower income households and allows a minimum of 30 dwelling units per acre; and
WHEREAS, the Housing Element has identified sites that can accommodate sufficient housing units to meet the City’s RHNA plus a buffer, and included the site at 200 S. Fremont St. 35 which is a vacant site that was included in two or more consecutive planning periods; and WHEREAS, the existing zoning designation of 200 S. Fremont St. is in a Multiple Family Dwellings For Downtown (Medium High Density) zoning district; and WHEREAS, 200 S. Fremont St. is in the Residential Medium II land use designation of the San Mateo General Plan 2040 which allows up to 50 dwelling units per acre (pursuant to Measure Y limitations). The zoning designation for by-right residential uses allowing 30 dwelling units per acre is within the density limits; and
WHEREAS, the Environmental Impact Report (EIR) for the San Mateo General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040; and
WHEREAS, on March 18, 2024, at a duly noticed public hearing, the City Council certified the EIR for the San Mateo General Plan 2040, pursuant to the California Environmental Quality Act of 1970, together with related State implementation guidelines promulgated thereunder (CEQA); and WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing, received all written and oral public comments, and recommended that the City Council approve the proposed ordinance establishing the Housing Opportunity Overlay District (H) and amending the zoning

353 of 671

map to reclassify parcels on housing sites used in previous Housing Elements with the Housing Opportunity Overlay District (H).

NOW , THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

SE
CTION 1. Legislative Findings. At a duly noticed public hearing on _____________________, 2024, the City Council of the City of San Mateo reviewed and considered the accompanying staff report and attachments thereto, the exemption from environmental review, together with comments received during the public review process, and hereby finds and determines that the proposed ordinance is consistent with the adopted General Plan in that it supports the development of housing and achieves the General Plan’s stated goals and policies.

SECTION 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment to reclassify 200 S Fremont St. with the overlay district (“project”) is exempt from further environmental review because the project is consistent with the Residential Medium II land use designation adopted as part of the General Plan 2040 for which an Environmental Impact Report (EIR) was certified by the City Council on March 18, 2024 and the allowed residential development density is also consistent with the development density established by zoning or general plan policies. There are no project specific effects that are peculiar to the project; there are no project specific impacts that the General Plan Update EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the general plan EIR failed to evaluate; and there is no substantial new information which results in more severe impacts than anticipated by the general plan EIR, all as further explained in the CEQA memorandum attached to the staff report. Furthermore, any future development of the site pursuant to these code amendments would not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code pursuant to Government Code Section 65583.2(i).