San Mateo City Council
June 16, 2025

AGREEMENT TO PROVIDE SERVICES TO OPERATE

THE WORKER RESOURCE CENTER
This agreement (“Agreement”) is made and entered into this ____________________ by and between the SAMARITAN HOUSE (“ORGANIZATION”), a nonprofit corporation, and the City of San Mateo (“CITY”), a municipal corporation.

The CITY wishes to provide employment, social, educational and other services promoting public health and safety for workers at the Worker Resource Center.

The ORGANIZATION is willing to and capable of performing such community services.

To achieve common goals in the community, the CITY and the ORGANIZATION agree as follows:

I. CITY AND ORGANIZATION RESPONSIBILITIES:

A. CITY will provide the site for a Center (“Center”) to provide employment, social and educational services and other services promoting public health and safety.

B. CITY secured a lease for space for the Center located at 171 N. Amphlett Blvd, San Mateo, CA (see Attachment A “Lease”) and agrees to pay for the base rent, common area operating expenses, and utilities. The owner of the property is Sakai Family Partnership (“Lessor”) and has designated SC Properties as its agent and property manager (“Property Manager”). The lease at 171 N. Amphlett Blvd is scheduled to expire on August 31, 2025 and CITY is working on a new lease or lease extension.

C. ORGANIZATION shall not violate any provisions of any Lease secured by CITY for the operations of the Center.

D. ORGANIZATION will provide and may partner with other social and educational agencies to provide services, including but not limited to housing stability, educational services, health, nutrition, medical, and basic skills classes.

E. CITY will fund the Center at an amount not to exceed $195,000 per year.

ORGANIZATION may assist CITY in seeking and securing additional funding for Center operations, but ORGANIZATION is under no obligation to do so.

F. ORGANIZATION is responsible for the safety, security and operations of the facility, including the performance of all routine custodial and maintenance duties, maintenance of consumable supplies, and litter control at the facility. 156 of 1111

G. ORGANIZATION shall contact Property Manager for any
maintenance or repairs that are the responsibility of the Lessor, or in any case where the responsibility for maintenance or repairs is unclear under the terms described in the Lease. ORGANIZATION shall copy CITY on any such correspondence with Property Manager.

H. ORGANIZATION shall perform all services under the Agreement in accordance with all applicable Federal, State, County and municipal laws, ordinances, regulations, and funding mandates, including requirements pertaining to confidentiality, civil rights, and quality assurance.

I. ORGANIZATION shall timely and accurately complete, sign, and submit all necessary documentation of compliance with the above-mentioned laws, ordinances, regulations, funding mandates, and requirements.

J. ORGANIZATION shall adhere to the Operational Goals as identified in Attachment B– Operational Goals.

II. AGREEMENT TERM: The services to be performed under this Agreement will commence on July 1, 2025, and will continue until June 30, 2028, unless terminated earlier by either party in accordance with the terms of this Agreement.

III. FUNDING: Funding by CITY to ORGANIZATION shall be on the following terms:

A. Funding for FY2025-26; FY 2026-27 and FY 2027-28 shall not exceed $195,000 annually as defined in Attachment C-Worker Resource Center Budget.

ORGANIZATION shall provide an invoice for each request for payment on a monthly basis based on hours worked and overhead incurred in accordance with the expenses described in the budget in Attachment C. CITY will pay the invoice within 30 days of receipt.

IV. FISCAL RESPONSIBILITIES OF ORGANIZATION: ORGANIZATION shall:

A. Establish and maintain a written system of accounts for budgeted funds that conforms with generally accepted accounting principles. Such system of accounts shall be subject to review, approval and inspection of CITY.

B. Document all costs by maintaining complete and accurate records of all financial transactions, including, but not limited to, contracts, invoices, timecards, cash and charge receipts, vouchers, cancelled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges.

C. If ORGANIZATION has an independent fiscal audit or other annual financial status report compiled, a copy shall be provided to the CITY within 30 days of completion and acceptance by the ORGANIZATION Board of Directors.
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D. ORGANIZATION is liable for repayment of disallowed costs. Disallowed costs may be identified through audits, examination of invoices, monitoring, or other sources.

ORGANIZATION shall be afforded the opportunity to respond to any adverse findings which may lead to disallowed costs. Disallowed costs are costs not allowed and approved by CITY. Disallowed costs are generally defined as funds expended for purposes which do not directly further the common goals of ORGANIZATION, and CITY, set forth in the second paragraph on page 1 of this Agreement.

V. RECORDS, REPORTS AND AUDITS OF ORGANIZATION:

A. ORGANIZATION shall maintain records, including but not limited to books, financial records, supporting documents, statistical records, personnel, property, performance measures as identified in Attachment D – Performance Measures, and all other pertinent records sufficient to reflect properly (1) all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred to perform this Agreement, and (2) all other matters covered by this Agreement.

B. Preservation of Records: ORGANIZATION shall preserve and make available its records related to this Agreement for the following periods:

1. Until the expiration of three (3) years from the date of the submission of the annual financial status report;

2. For such longer period, if any, as is required by applicable law; or

3. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three (3) years from the date of any resulting final settlement.

VI. TERMINATION:

A. In the event funds are not available from CITY or other third-party entities, CITY may terminate the Agreement upon 90 days’ written notice and is under no obligation to continue to provide services as identified in Section 1. If the Agreement is terminated in this manner, ORGANIZATION shall be reimbursed for all valid expenditures made up to and including the effective date of the termination.

B. Notwithstanding availability of funding, the CITY or ORGANIZATION may terminate this Agreement with 90 days’ written notice if CITY or ORGANIZATION deems it to be in its best interest to discontinue the program. If the Agreement is terminated in this manner, CITY agrees to reimburse ORGANIZATION for all valid expenditures made up to and including the effective date of the termination.

VII. INTEREST OF PUBLIC OFFICIALS: No members, officers, employees or agents of the CITY, shall have any interest, direct or indirect, in this Agreement or a related subcontract.

VIII. INSPECTION OF PROGRAM: It is understood that CITY will periodically review 158 of 1111

ORGANIZATION's program.

II. PROGRAM INCOME: ORGANIZATION shall record program income as part of the financial transactions of the program. Any income generated from the program may be used to offset expenses and shall not be considered as funding stipulated in Article 3 in this Agreement.

III. REVERSION OF ASSETS: If the ORGANIZATION is dissolved or ceases to exist, any unexpended program funds in the possession of ORGANIZATION at the time of dissolution shall be immediately returned to CITY.

IV. ASSIGNABILITY: ORGANIZATION shall not assign this Agreement and shall not transfer any interest in this Agreement without the prior written consent of CITY.

V. INDEMNIFICATION:

A. Each party shall indemnify and hold harmless the other party and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from its performance of its obligations set forth in this Agreement, excepting claims, damages, losses and expenses resulting from the sole negligence or willful misconduct of the other party for which that party will be responsible.

B. CITY shall further indemnify ORGANIZATION from such claims, damages, losses and expenses arising out of the use or occupancy of the premises by any guests or invitees, except to the extent that any such claim, damage, loss, or expense is caused by ORGANIZATION’s failure to operate and maintain the premises in a safe condition during the hours of operation of the Center.

C. The intent of this section is to provide that if someone is injured on the premises during its hours of operation because of a condition caused by ORGANIZATION, its agents or employees, or a condition that ORGANIZATION or its agents or employees in exercising reasonable efforts could have addressed, the ORGANIZATION shall bear the loss. If someone is injured on the premises at any time because of faulty construction or improper maintenance, then the CITY shall bear the risk of premises liability.

D. For purposes of the Agreement, “claims” means any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, law or equity or otherwise), charges, assessments, fines, and penalties of any kind (including consultant and expert expenses, court costs, and attorney fees actually incurred).

E. The clauses of this Article 12 shall survive the expiration or earlier termination of this Agreement until all claims against the parties hereto involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statute of limitations.

I. INSURANCE: ORGANIZATION shall provide and maintain:
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A. Commercial General Liability Insurance, occurrence form, at least as broad as Insurance Services Office (ISO) form CG 0001, with a limit of not less than $1,000,000 each occurrence and a $3,000,000 umbrella policy. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

B. Automobile Liability Insurance, at least as broad as ISO Form CA 0001, with a limit of not less than $1,000,000 per accident for bodily injury and property damage. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

C. Workers Compensation in at least the minimum statutory limits, with Employer’s Liability Insurance limits of at least $1,000,000 per accident.

D. General Provisions for all insurance. The general and auto liability insurance policies are to contain, or be endorsed to contain, the following:

1. Include the City of San Mateo, its elected and appointed officials, employees, volunteers and agents as insureds with respect to this Agreement and the performance of services in this Agreement (does not apply to workers compensation or auto insurance). The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds.

2. Be primary with respect to any insurance or self-insurance programs of City, its elected and appointed officials, employees, and agents.

3. A waiver of all rights of subrogation against the City of San Mateo, its elected and appointed officials, employees, volunteers and agents for losses paid under the terms of any policy which arise from the work performed by the CONSULTANT. This provision also applies to the Workers’ Compensation policy.

4. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.

5. No changes in insurance may be made without the written approval of the City Attorney's Office.

VI. NONDISCRIMINATION:

A. No person shall, on the grounds of race, color, national origin, religious affiliation or non-affiliation, marital status, medical condition, sex, age, disability status, sexual orientation or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination or harassment under this Agreement.

B. ORGANIZATION shall ensure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Agreement.

ORGANIZATION's personnel policies shall be made available to CITY upon request.

VII. PROJECT REPRESENTATION: The CITY and ORGANIZATION hereby designate 160 of 1111

the following agents to act as project representatives and receive all notices in the execution of this Agreement.

CITY :

Rachel Horst
Housing and Neighborhood Services Manager
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
ORGANIZATION:

Laura Bent
Chief Executive Director
Samaritan House
4031 Pacific Blvd.

San Mateo, CA 94403
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

SAMARITAN HOUSE
By:

Laura Bent
Date:

CITY OF SAN MATEO
By:

Alex Khojikian, City Manager
Date:

APPROVED AS TO FORM:
__________________________________
Mazarin Vakharia, Assistant City Attorney
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ATTACHMENT A
LEASE 2nd AMENDMENT
2 nd AMENDMENT TO LEASE
THIS SECOND AMENDMENT IS MADE THIS 25th DAY OF June 2025 TO THAT CERTAIN LEASE AGREEMENT DATED AUGUST 4, 2020 (“LEASE”), BY AND BETWEEN Sakai Family Partnership, (“LESSOR”), AND City of San Mateo, Inc (“LESSEE”) FOR THOSE PREMISES LOCATED AT 171 N. Amphlett Blvd., San Mateo, CA 94401. Lessor and Lessee may collectively be referred to as “Parties.” WHEREAS, on August 4th 2020, Lessor leased to Lessee certain real property known as 171 N Amphlett Blvd, San Mateo, CA 94401 for a term of one year (Lease Term); and WHEREAS, the Lease contained an option to extend the Lease Term for up to three (3) additional twelve-month periods with an increase in the monthly rent of 3 percent per twelve-month period; and WHEREAS, the Parties agreed to extend the Lease Term in 2021, 2022 and 2023; and WHEREAS, the Parties agreed to extend the lease for an additional one-year term in a First Amendment to Lease through Resolution No. 74 (2024) and hereto now desire to extend that term for an additional three (3) years. The Parties also desire to amend the rent schedule.

NOW, THEREFORE, the Parties agree as follows:

1. Term:

The term of the Lease shall be extended for a period of thirty-six (36) months. This Second Amendment to Lease shall be effective from September 1, 2025 and ending at midnight on August 31, 2028.

2. Rent Schedule:

September 1, 2025 – August 31, 2026, monthly rent shall be $5,627.54.

September 1, 2026 – August 31, 2027, monthly rent shall be $5,796.37.

September 1, 2027 – August 31, 2028, monthly rent shall be $5,970.26.

3. Landlord’s Work:

Within 45 days of the mutual execution of this Second Amendment to Lease, Lessor is to perform the following work at Lessor’s sole cost and expense:

1. Epoxy the warehouse flooring

2. Install one operable window in upstairs mezzanine space

3. Repair/replace ventilation fans in two restrooms

4. Access to water spigot in the exterior common area
The Parties hereto confirm, ratify and agree that all other terms, provisions and conditions of the Lease except as heretofore noted, shall continue as heretofore rented and as if they were printed at large herein and they are hereby incorporated by reference.

Lessor: Sakai Family Partnership care of SC Properties
By: Date:

Lessee: City of San Mateo, Inc
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By: Date:

Alex Khojikian
City Manager
By: _____________________________________________ Date: ___________________ Mazarin Vakharia
Assistant City Attorney
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ATTACHMENT B

WORKER RESOURCE CENTER

OPERATIONAL GOALS
• Center will be open during peak periods of casual labor work solicitation, generally from early mornings to mid-day on Monday to Saturday
• Center operations will be scaleable to needs
• ORGANIZATION will perform intake and assessment of workers • ORGANIZATION will perform intake of employers
• ORGANIZATION will use an equitable system to enable workers to match with job providers
• ORGANIZATION will integrate other services onsite with a consortium of providers: ESL classes, clothing, nutrition, health referrals, etc.
• ORGANIZATION will only provide services and resource referrals to registered WRC workers
• ORGANIZATION will inform potential employers of their obligation to insure workers for on-the-job injuries.
• ORGANIZATION will use volunteers
• CITY and ORGANIZATION will perform outreach and marketing of Center to laborers and job providers at least twice a month
• ORGANIZATION will abide by Center rules and regulations • ORGANIZATION will involve workers in developing rules and regulations • ORGANIZATION will involve workers in facility maintenance • ORGANIZATION will prepare data collection/monthly reports on use of Center to measure Center’s effectiveness
• ORGANIZATION will regularly liaise with CITY in quarterly meetings, and at these quarterly meetings, provide a written quarterly report that at minimum, shall describe the Center’s program activities and how they contribute to meeting performance measures, and provide a report on outreach and marketing to laborers and job provider that is provided twice a month
• ORGANIZATION will submit to CITY monthly invoices in a form approved by CITY and supporting documents reasonably evidencing that the expenses have been incurred and paid by ORGANIZATION for the benefit of clients of the Center; documents evidencing these costs include but are not limited to, paid invoices stating the date and purposes of expenditures
• ORGANIZATION will coordinate with CITY to secure third party funding for programs and activities.
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ATTACHMENT C

BUDGET SAMARITAN HOUSE

FOR WORKER RESOURCE CENTER
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8130
Line Item
City of San Mateo
City of San Mateo
In-Kind
Leveraged other
Funding Total
Income
Government 195,000 195,000
Foundations Contributions - 5,000 5,000
Samaritan House General Fund - 106,036 106,036
Total Income 195,000 - 111,036 306,036
In-Kind Income (rent, recology) * 73,480 - 73,480
Total INCOME available for FY24 195,000 73,480 111,036 379,516 Expense
Personnel Expense
Salaries & Wages
WRC Program Coordinators(2.1 FTE) 107,120
Dir of Food and Community Services (.40FTE) 32,445
COO
Employee Benefits & Taxes 18,364
5,356
10,815
12,900
18,736
-
112,476
43,260
12,900
37,100
Total Personnel Expense 157,929 - 47,807 205,736
Shared Personnel Expense
Shared Personnel Expenses - 21,419 21,419
Shared Volunteer Exp - Personnel - - -
Total Shared Personnel Expense - 21,419 21,419
Total Personnel Expense & Shared Personnel Expense 157,929 69,226 227,155 Operating Expense
Office Supplies - 6,300 6,300
Program Supplies & Meals 17,689 15,000 32,689
Postage & Mail 25 25
Printing & Mailing Services - -
Communications/Telephone 5,142 5,142
Housekeeping 14,240 - 14,240
Travel, Meetings & Conferences - 620 620
License, Dues & Subscriptions - -
Mileage Reimbursement 128 128
Employee Training 200 200
Equipment Rental 310 310
Insurance Expense 710 710
Outside Services 18,000 18,000
Depreciation 45 45
Other Fees & Charges 473 473
In-Kind Expenses *' 73,480 73,480
Total Operating Expense 37,071 73,480 41,811 152,362
TotalOperating Expense & Shared Operating Expense 37,071 73,480 41,811 152,362 Total Personnel and Operating Expense by Function 195,000 73,480 111,037 379,516 Net Income 0 - (0) (0)
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ATTACHMENT D

WORKER RESOURCE CENTER

MEASURES OF SUCCESS
Reported Quarterly:
• Daily number of workers (clients) utilizing Worker Resource Center (WRC) • Number of unduplicated workers each month
• Number of workers utilizing additional services each month • Daily number of jobs available at the WRC
• Placement ratio of workers to jobs available
• Number of job seekers daily on the streets (data provided by City of San Mateo Police Department)
• Police calls for service in the immediate area surrounding the Worker Resource Center • Workers express satisfaction with WRC measured by monthly survey • Job providers express satisfaction with WRC measured by survey provided to every job provider.
• Description of workers’ involvement in operations of WRC and community service activities
• Description of types of program/services provided at WRC • Description of outreach efforts to workers and job providers • Efforts to obtain third party funding or volunteer services at the WRC Reported Annually:
• Ensure budget is adhered to
• Annual update to City Council on the status of the WRC to keep City Council informed and address any programmatic changes that may be needed 167 of 1111
2 nd AMENDMENT TO LEASE
THIS SECOND AMENDMENT IS MADE THIS 25th DAY OF June 2025 TO THAT CERTAIN LEASE AGREEMENT DATED AUGUST 4, 2020 (“LEASE”), BY AND BETWEEN Sakai Family Partnership, (“LESSOR”), AND City of San Mateo, Inc (“LESSEE”) FOR THOSE PREMISES LOCATED AT 171 N. Amphlett Blvd., San Mateo, CA 94401. Lessor and Lessee may collectively be referred to as “Parties.”
WHEREAS, on August 4th 2020, Lessor leased to Lessee certain real property known as 171 N Amphlett Blvd, San Mateo, CA 94401 for a term of one year (Lease Term); and WHEREAS, the Lease contained an option to extend the Lease Term for up to three (3) additional twelve-month periods with an increase in the monthly rent of 3 percent per twelve-month period; and
WHEREAS, the Parties agreed to extend the Lease Term in 2021, 2022 and 2023; and WHEREAS, the Parties agreed to extend the lease for an additional one-year term in a First Amendment to Lease through Resolution No. 74 (2024) and hereto now desire to extend that term for an additional three (3) years. The Parties also desire to amend the rent schedule.

NOW, THEREFORE, the Parties agree as follows:

1. Term:

The term of the Lease shall be extended for a period of thirty-six (36) months. This Second Amendment to Lease shall be effective from September 1, 2025 and ending at midnight on August 31, 2028.

2. Rent Schedule:

September 1, 2025 – August 31, 2026, monthly rent shall be $5,627.54.

September 1, 2026 – August 31, 2027, monthly rent shall be $5,796.37.

September 1, 2027 – August 31, 2028, monthly rent shall be $5,970.26.

3. Landlord’s Work:

Within 45 days of the mutual execution of this Second Amendment to Lease, Lessor is to perform the following work at Lessor’s sole cost and expense:

1. Epoxy the warehouse flooring

2. Install one operable window in upstairs mezzanine space

3. Repair/replace ventilation fans in two restrooms

4. Provide access to water spigot in the exterior common area The Parties hereto confirm, ratify and agree that all other terms, provisions and conditions of the Lease except as heretofore noted, shall continue as heretofore rented and as if they were printed at large herein and they are hereby incorporated by reference.

Lessor: Sakai Family Partnership care of SC Properties
By: Date:
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Lessee: City of San Mateo, Inc
By: Date:

Alex Khojikian
City Manager
APPROVED AS TO FORM:

By: _____________________________________________ Date: ___________________ Mazarin Vakharia
Assistant City Attorney
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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: 10-3133 File ID: 25-10055 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 16, 2025
SUBJECT:

Below Market Rental Rates, Sales Prices and Unit Community Priorities – Adoption RECOMMENDATION:

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

BACKGROUND:

In November 1992, the City Council established the BMR housing program that requires new housing developments of 11 or more units to include a certain percentage of the units as "affordable". The affordable housing targets have been revised from time to time. As of February 2020, a rental project must include 15 percent of the units that are affordable to Lower Income households, whose incomes do not exceed 80 percent of the median income ($109,700 - $206,800, depending upon family size). For owner-occupied housing, 15 percent of the units must be affordable to Moderate Income households, whose incomes do not exceed 120 percent of the area median income ($156,750 - $295,550, depending upon family size). These are the minimum requirements; developers may elect to utilize State Density Bonus provisions to provide deeper affordability in exchange for development concessions.

The City receives updated median income figures from the U. S. Department of Housing and Urban Development (HUD) and the California Department of Housing and Community Development (HCD) offices each spring. All BMR units are subject to maximum rental rates and sales prices that are revised by the City Council on an annual basis to reflect changes in the Area Median Income (AMI) as well as average interest rates for mortgages and other monthly ownership housing costs. This year, there was no increase to AMI. However, in 2019, the City Council adopted a 4 percent cap on BMR rental increases to address the significant median income increases over the past few years; this 4 percent increase is reflected in the calculations below.

BMR Rental Rates
The maximum rent figures include the cost of gas and electric utilities, garbage collection, and water, but exclude telephone. Calculated rents cannot exceed Fair Market Rents (FMR) as published by the San Mateo County Housing Authority. Utilizing these formulas, the maximum BMR rental rates for 2025 are:
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CITY OF SAN MATEO
Very Low Income Low Income
Studio $1,369 $1,632
1-Bedroom $1,552 $1,869
2-Bedroom $1,751 $2,106
3-Bedroom $1,948 $2,342
4-Bedroom $2,106 $2,527
Maximum BMR rents remain well below current market rents.

BMR Sales Prices
Maximum sales prices for condominiums and townhouses are established by first determining an affordable monthly housing payment, which is defined as 30 percent of 100 percent of AMI adjusted by family size for Moderate Income and 30 percent of 70 percent of AMI for Low Income. An allowance for property taxes, insurance, and homeowners’ association dues is factored into the monthly payment. The sales price is then calculated assuming a 5 percent downpayment and an interest rate based on the 15-year average, as published by Freddie Mac (4.39 percent). Sales prices for single-family detached houses are calculated using the above-mentioned methodology, except that the household income used to calculate the monthly payment for detached single-family houses is 35 percent of 110 percent of AMI.

Utilizing these formulas, the maximum sales prices for 2025 are:

Low Income
Condo/Townhome
Moderate Income
Condo/Townhome
Single-Family
Detached
Studio $319,000 $495,000 n/a
1-Bedroom $355,000 $555,000 $744,000
2-Bedroom $413,000 $638,000 $851,000
3-Bedroom $468,000 $719,000 $955,000
4-Bedroom $515,000 $786,000 $1,041,000
City Council reserves the right to change the prices at any time, in the event of significant changes in the market, interest rates or other conditions.

Community Priority
BMR program revisions effective January 1, 2010, included flexibility in the bedroom count of the BMR units based on City Council adoption of community priorities. An applicant may propose a different bedroom mix in the BMR units other than a straight pro rata of the market rate units, as long as the total bedroom count is the same or more, and that the total number of BMR units equal at least 10 percent of the project.

In previous years, Council adopted a Community Priority in annual resolutions establishing Below Market Rental Rates and Sale Prices. For 2025, the staff recommendation is to continue to adopt a Community Priority for large units consisting of three or more bedrooms, based on the shortage of those units currently in the BMR inventory, compared to the families on the waiting lists. For example, a 40-unit complex consisting of all two-bedroom units could provide the City four threebedroom units (10 percent) instead of the standard requirement of six two-bedroom (15 percent) units. Council has the ability to change this priority in future years if needs change. Also, it is anticipated that this requirement will be incorporated into the BMR Ordinance in the near future when it is updated to meet Housing Element commitments.

BUDGET IMPACT:

Adoption of this Resolution has no impact on the General Fund. 171 of 1111

CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

The establishment of 2025 maximum rental rates and sales prices for affordable housing is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)
NOTICE PROVIDED:

All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Van Diggans, Housing Specialist II
[email protected]
(650) 522-7229
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CITY OF SAN MATEO
RESOLUTION NO. (2025)
ESTABLISHING THE 2025 MAXIMUM RENTAL RATES AND SALES PRICES FOR AFFORDABLE HOUSING AS

REQUIRED BY THE BELOW MARKET RATE HOUSING PROGRAM, AND ESTABLISHING COMMUNITY PRIORITY

FOR LARGER UNITS
WHEREAS, the Below Market Rate Housing Program (BMR Program) was established in 1992, and is reviewed by the Council annually to establish maximum rental rates and sales prices for affordable housing, and WHEREAS, a revision to the BMR Program, effective in January 2010, included flexibility in how a developer can satisfy the City’s BMR requirement, based on total bedroom count and adopted community priorities for the number of bedrooms in each unit; and WHEREAS, the City annually revises the rental rates and sales prices for the BMR Program based on median income data provided by the United States Department of Housing & Urban Development and the California Department of Housing & Community Development; and WHEREAS, staff has reviewed the rental rates and sales prices for the BMR Program and recommends that the City Council adopt the rates set forth in Exhibit A attached to this Resolution; and WHEREAS, staff recommends that the City Council establish Community Priority for units consisting of three or more bedrooms, based on the shortage of those units currently in the BMR inventory compared to the need reflected on waiting lists, thus allowing a developer to provide fewer BMR units in exchange for units with three or more bedrooms, as long as all other BMR program provisions are followed.

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

1. The establishment of 2025 maximum rental rates and sales prices for affordable housing is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.) .

2. The 2025 maximum rental rates, including utilities and garbage, and sales prices for BMR units are established at the rates set forth in Exhibit A, attached to this Resolution.

3. The establishment of a Community Priority need for units containing three bedrooms or more is approved. A developer may propose a different bedroom mix in the BMR units, as long as the developer provides BMR units with three or more bedrooms, such that the total bedroom count is equal to or higher than what would otherwise be required pursuant to the BMR Guidelines, the total number of BMR units is 10% or more for the project, and all other BMR Program provisions are followed. Exhibit B sets out the methodology to calculate the equivalency.
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EXHIBIT A
2025 MAXIMUM RENTAL RATES
(Including Utility Allowance)
Very Low Income Low Income
Studio $1,369 $1,632
1-Bedroom $1,552 $1,869
2-Bedroom $1,751 $2,106
3-Bedroom $1,948 $2,342
4-Bedroom $2,106 $2,527
2025 MAXIMUM SALES PRICES
Low Income
Condo/Townhome
Moderate Income
Condo/Townhome Single Family Detached
Studio $319,000 $495,000 n/a
1-Bedroom $355,000 $555,000 $744,000
2-Bedroom $413,000 $638,000 $851,000
3-Bedroom $468,000 $719,000 $955,000
4-Bedroom $515,000 $786,000 $1,041,000

EXHIBIT B
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BELOW MARKET RATE ALTERNATIVE

FOR VARIATION OF THE BEDROOM COUNT IN BMR UNITS
Based on City Council approval of a Community Priority, an applicant may propose a different bedroom mix in the BMR units as long as the developer provides BMR units with three or more bedrooms such that the total bedroom count is equal to or higher than what would otherwise be required pursuant to the BMR Guidelines, the total number of BMR units is 10% or more for the project, and all other BMR Program provisions are followed.

When the Community Priority is for larger units with 3 or more bedrooms, the following methodology is used to calculate the required number of BMR units:
• Calculate the pro rata number of Market Rate units by bedroom type by multiplying .15 times the number of units for each bedroom size to establish the baseline. • Calculate the total number of bedrooms in the baseline BMR units. Use .75/unit for studio units. • Developer may propose a different mix of bedrooms if it increases the number of units with 3 or more bedrooms, provides an equivalent bedroom count the same or greater than the baseline, and provides a total BMR unit count of at least 10% of the project size. 175 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 25-3112 File ID: 25-9944 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 16, 2025
SUBJECT:

Comprehensive Zoning Code Update Professional Services – Appropriation and Agreement RECOMMENDATION:

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

BACKGROUND:

General Plan 2040
Following a six-year planning effort with extensive community engagement, the City Council adopted General Plan 2040 on March 18, 2024.The General Plan includes a Vision Statement and Guiding Principles, text describing key issues of community interest, and goals, policies and actions that outline how the City will address those issues. General Plan 2040 addresses all the topics required by State law and other topics that the community identified as being fundamental to the quality of life in the City. There are eight core chapters (elements) in General Plan 2040, which include: Land Use; Circulation; Housing (adopted separately on May 20, 2024); Community Design and Historic Resources; Conservation, Open Space, and Recreation; Public Services and Facilities; Safety; and Noise.

Each element in General Plan 2040 includes a concise set of background narratives that summarizes current conditions in the City related to the topics in the element. The background information provides context about the issues the City plans to address, explaining why there is policy direction so that the policies and actions can focus on how the City can achieve a desired outcome. The narratives also provide information on other regulations and/or agencies that influence the decisionmaking process. Each element in General Plan 2040 addresses a specific set of topics and includes goals, polices and actions that provide a blueprint for how the City will address these issues. These goals, policies, and actions provide guidance to the City on how to direct change and manage resources over the next 20 years.

Overall, General Plan 2040 includes 56 goals with 363 policies and 240 actions (excluding the Housing Element). On June 3, 2024, the City Council held a study session on implementation of General Plan 2040, including how implementation aligned with the City Council’s annual goal setting process (Blue Skies) and an overview of the higher profile projects and initiatives associated with General Plan Actions that were underway. The General Plan Implementation Plan can be viewed on www.StriveSanMateo.org. Two of the key next steps in implementation were the voters taking action on Measure T in November 2024 to allow for full implementation of the Land Use Element and then updating the Zoning Code to allow for full implementation of General Plan 2040. In addition to implementing General Plan 2040, the comprehensive Zoning Code update will update the entire Zoning Code to be aligned with current best practices, improve usability and public accessibility, clarify processes and requirements, streamline the review and approval process, and clean-up conflicts, 176 of 1111

CITY OF SAN MATEO
inconsistencies and antiquated language.

Request for Proposals Process
Following voter approval of Measure T in November 2024, staff began work on a request for proposals (RFP) for a technical planning consultant to support the comprehensive zoning code update. The RFP was issued on March 5, 2025, with a deadline for submissions on April 11, 2025. Staff received a total of four proposals in response to the RFP. Following a review of the proposals by staff the top two firms were brought in for a follow-up interview. Based on their technical planning experience, the contents of their proposal and their team’s familiarity with San Mateo, staff identified PlaceWorks as the consultant best qualified to support the City in completing the Comprehensive Zoning Code Update. The full PlaceWorks proposal received on April 11, 2025, is included as Attachment 3. The initial proposal had a higher cost; and staff subsequently worked with PlaceWorks to refine the Scope of Work and Budget to better align with City needs for this project.

Scope of Work
The workplan to complete this project is broken down into seven tasks and is anticipated to take approximately two years to complete. The proposed tasks and a project timeline are as follows, with additional details in Exhibits A and B (Scope of Work and Budget) of Attachment 2.

Task 1 – Project Administration and Management (Months 1-25) Task 2 – Zoning Code Assessment – Research, Analysis, and Phasing Plan (Months 2-7) Task 3 – Community Outreach and Engagement (Months 2-20) Task 4 – Environmental Assessment and Documentation (CEQA Review) (Months 16-23) Task 5 – Updates to Zoning Code, Zoning Map and Related Municipal Codes (Months 8-22) Task 6 – Zoning Code Amendment Adoption Hearings (Months 3-5 & 20-22) Task 7 – Implementation Plan following Adoption (Months 23-25) In addition to the implementation of the General Plan, the current Zoning Code (Title 27 of the San Mateo Municipal Code) is outdated and needs a variety of updates to address current development and community needs, reorganization to improve public usability, and removal and updates to outdated language, antiquated definitions and conflicting requirements. Overall, the policy effort would start with research and consistency analysis using the policies and actions in Geneal Plan 2040 and other best practices to develop an updated framework structure for the Zoning Code. Community outreach and engagement along with Planning Commission/City Council study sessions will be utilized to gain insight into community preferences and guide decision-making throughout the update process. The consultant will prepare a summary of the community engagement efforts which will guide the drafting of Zoning Code Update. Based on the community feedback and Planning Commission/Council direction, the draft Ordinance language will be prepared by City staff and the consultant team.

Once a final draft is prepared, it will be published for community input/review and then scheduled for Planning Commission and City Council consideration and adoption at public hearing. Along with the updated Zoning Code, all parcels Citywide will be assessed for consistency with the General Plan’s Land Use Map, with up to 5,000 parcels potentially requiring an updated Zoning Map designation. The engagement effort will include targeted outreach to all property owners and tenants who may be subject to a rezoning ahead of any Planning Commission and City Council public hearings. Once the Comprehensive Zoning Code Update is adopted, the consultant will work with staff to prepare an implementation plan that includes the necessary internal processes and procedures, and informational handouts for applicants and the public to support full understanding of the new policies and requirements. The Scope of Work includes a robust community outreach and engagement plan, with a range of activities including online surveys, targeted stakeholder meetings, virtual and in-person community meetings, a citywide informational newsletter, and various forms outreach to promote community awareness. This work will be guided by a detailed outreach and engagement strategy that is prepared at the beginning of the project, with the community input collected used to guide decision-making and various aspects of the Zoning Code updates.
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City Council Action
The Resolution to approve the budget appropriation for the Comprehensive Zoning Code Update project is included as Attachment 1 and the professional services agreement with PlaceWorks is included as Attachment 2. Staff recommends that the City Council adopt a Resolution to appropriate $926,846 from the Advanced Planning Fund to the Comprehensive Zoning Code Update project, approve a professional services agreement with PlaceWorks to provide technical planning support, community outreach and engagement, and project management to complete the Comprehensive Zoning Code Update project, and authorize the City Manager to execute the agreement in substantially the form presented.

BUDGET IMPACT:

The budget appropriation of $926,846 would be funded by the Advance Planning Fund (Fund 225) and would not have an impact on the City’s General Fund. The Advanced Planning Fund currently has an available (unrestricted) fund balance of approximately $1.9 million. The budget appropriation includes a professional services agreement with PlaceWorks for $842,587 and a 10 percent contingency of $84,259 to cover additional services that may be necessary during the course of the project.

In addition to the consultant services, it is anticipated that this project will require significant staff time and resources from the Community Development Department and City Attorney’s Office, with an estimated cost range of between $600,000 to $800,000 over two years to complete the project. To offset these staff costs, the City applied for and received a Transit Oriented Communities (TOC) grant of $610,000 from the Metropolitan Transportation Commission (MTC) to cover staff time related to this effort. While it is anticipated that most of the City staff costs will be covered by this grant, all costs that exceed this grant amount will be covered by each Department’s current operating budgets and will not require any additional appropriations.

ENVIRONMENTAL DETERMINATION:

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

All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Budget Appropriation Resolution
Att 2 – Professional Services Agreement with PlaceWorks Exhibits A and B – Scope of Work and Budget
Att 3 – PlaceWorks Proposal

STAFF CONTACT
Sung H. Kwon, Deputy Director of Community Development
[email protected]
(650) 522-7203
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROPRIATION OF FUNDS FOR TASKS AND TECHNICAL SUPPORT RELATED TO THE COMPREHENSIVE ZONING

CODE UPDATE
WHEREAS, on March 18 2024, the City Council adopted Strive San Mateo General Plan 2040; and
WHEREAS, a comprehensive update of the City’s Zoning Code (Municipal Code Title 27) is necessary in order to implement the goals, policy and vision of General Plan 2040; and WHEREAS, in March 2025, a Request for Proposals (RFP) for a Comprehensive Zoning Code Update to Implement General Plan 2040 from qualified technical planning consultants was issued; and WHEREAS, in May 2025, following a review of proposals and follow-up interviews, staff identified the proposal from PlaceWorks as being the best suited to support the City’s Comprehensive Zoning Code Update project; and
WHEREAS, the proposal from PlaceWorks to support the Comprehensive Zoning Code Update project is for an amount of $842,587; and
WHEREAS, a 10% contingency, in the amount of $84,259, is included in the event that additional services are required during the course of the project.

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

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

2. The appropriation of $926,846 from the Advance Planning Fund (Fund 225) to the Comprehensive Zoning Code Update project is approved.
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AGREEMENT WITH PLACEWORKS, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

COMPREHENSIVE ZONING CODE UPDATE 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 PLACEWORKS, INC., a California S Corporation, (“CONSULTANT”), whose address is 2040 Bancroft Way, Suite 400, Berkeley, California, 94704.

RECITALS:

A. CITY desires certain technical planning services to support completion of a Comprehensive Update to the City’s Zoning Code (Title 27) hereinafter described.

B. CITY desires to engage CONSULTANT to provide these technical 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.
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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.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on June 23, 2025 and be completed by December 31, 2028.

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 (Work Plan) set forth in Exhibit A and the Budget and Rates set forth in Exhibit B, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $926,846. This not to exceed amount includes the $842,587 base budget, and a 10% contingency in the amount of $84,259, which requires approval by CITY in the event that additional services are required during the course of the project.

Any comments or questions which CITY has concerning the contents of an invoice, or the Work represented by an invoice must be submitted to CONSULTANT in writing within fifteen (15) days after CITY receives the invoice. If no such comments or questions are received by CONSULTANT, the Work represented, and the invoice shall be considered correct and accepted by CITY. Payment for invoice shall be received by CONSULTANT within forty-five (45) days after the date of the invoice.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, either party shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to the other party. 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.
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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 once payment has been received by CONSULTANT, whether the project for which they are made is executed or not. If CITY desires to reuse any documents or other deliverables, including electronic media, pertaining to the project prepared by CONSULTANT, CITY may do so, but if such documents or other deliverables are reused by CITY for any purpose other than that for which such documents or deliverables were originally prepared, or if CITY causes such documents or deliverables to be altered without CONSULTANT’s written consent, such reuse shall be at CITY’s risk.

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, unless required by law. In such a case the CONSULTANT must immediately notify the CITY of the request or subpoena for such information and immediately deliver via facsimile or email any legal documents supporting the demand for said information
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 to the extent arising out of CONSULTANT’s negligent performance or willful misconduct under 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.
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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.

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. 183 of 1111
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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.

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: Zachary Dahl
Community Development Director
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: PLACEWORKS, INC
Attn: Steve Noack, AICP
2040 Bancroft Way, Suite 400
Berkeley, CA 94704
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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 PLACEWORKS, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Alex Khojikian
City Manager
Date Randal W. Jackson
President
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date Keith McCann

CEO/CFO
Date
Attachments:

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

SCOPE OF SERVICES / WORK PLAN
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EXHIBIT B

BUDGET AND 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. 189 of 1111
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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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

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

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

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

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. 190 of 1111
This chapter describes the scope of services to be completed by the PlaceWorks team for the San Mateo Zoning Code Update. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project.

We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project.

PlaceWorks will meet with City staff to initiate the project via a virtual kick-off meeting. We will review the scope and schedule with a focus on the intersection of outreach events and project milestones, keeping in mind the goal of phasing the project. This meeting will establish project management procedures, including invoicing terms and communication protocols, and data collection approach. In advance of this meeting, the PlaceWorks team will prepare a data request document.

The PlaceWorks project management team will participate in weekly virtual status update meetings with City staff to ensure that the project remains on task and budget. Additional PlaceWorks staff will attend meetings as needed. It is assumed that the weekly status meetings will be conducted virtually and will average one hour each. PlaceWorks will prepare and share a meeting agenda and meeting materials prior to each meeting. PlaceWorks will also participate in periodic phone calls with the City’s Project Manager (upon the initiation of either party) on an as-needed basis to address any issues that arise between project team meetings.

The PlaceWorks team will join City staff for virtual progress meetings at important project milestones such as completion of certain research and analysis, key community engagement activities, following Planning Commission and Council study sessions, and ahead of Planning Commission and City Council adoption hearings. PlaceWorks will prepare and share a meeting agenda prior to each meeting.

PlaceWorks understands that the Strive San Mateo webpage used by the City for the General Plan Update will also be used for the Zoning Code Update. PlaceWorks is currently managing the Strive website and will continue to do so to provide information about the Zoning Code Update. We will post documents as soon as they are available to the public, including summaries of community input, which will be important to keep the community’s trust. The website will continue to be usable and functional on all interfaces, including mobile phones, tablets, and computers, and will include references/links to City social media accounts.

PlaceWorks will conduct ongoing project management, including internal coordination, review of project budget, and preparation of monthly invoices and progress reports. Amy Sinsheimer will serve as the day-to-day contact for overall project management and will oversee coordination of the regular project meetings, budget, and schedule.

EXHIBIT A and B - Scope of Work and Budget
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Deliverables:
» Detailed work program (schedule and timeline)
» Detailed budget tracking document
» Agendas and notes for kickoff meeting, weekly check-in calls, and key progress meetings » Monthly invoices and progress reports
» Website mock-up and live versions, plus regular updates and linked documents PlaceWorks will work closely with staff to continue to collect Zoning Code concerns or issues that should be addressed as part of the comprehensive update. Following the assessment of background data, PlaceWorks will conduct a review of forward-looking best practices to help guide subsequent Zoning Code update tasks. PlaceWorks will also work with City staff to identify potential “best practices” jurisdictions to respond to those issues, in addition to PlaceWorks existing database of best practices. This task will also include “deep dives” into six to eight particularly complex or challenging topics, such as building height, shared and unbundled parking, use classifications for current and future uses, or bird-safe regulations.

PlaceWorks’ GIS team will develop an internal webmap tool to overlay and compare General Plan Land Uses with existing zoning designations at the parcel level. Using the webmap, PlaceWorks will work with City staff to identify inconsistent parcels to be updated through the subsequent Zoning Map amendments (Task 5.1). It is our understanding that this analysis is expected to identify thousands of parcels in San Mateo where the current zoning district no longer matches the new General Plan designations. PlaceWorks will work with City staff to discuss any of the parcels identified in the webmap, before City staff responds with recommendations of how to resolve inconstancies on each of the parcels. While this analysis will identify inconsistencies, we recognize that rezoning can be a sensitive issue for residents and property owners and we anticipate close collaboration with staff to determine the smoothest process for notifying residents and explaining these changes.

PlaceWorks will prepare a table of comparisons, outlining the necessary Zoning Code updates needed to meet Transit-Oriented Communities (TOC) Policy requirements for density, housing affordability (if any), parking, station access, and circulation. This scope assumes that Metropolitan Transportation Commission’s (MTC’s) TOC policy will be substantially similar to the version in place as of April 2025. To remain consistent with General Plan 2040 and cover the Zoning Code updates with an addendum as described in Task 4, this scope also assumes that any identified policy changes for MTC TOC consistency that might trigger a General Plan Amendment would be addressed through a separate process.

PlaceWorks will review and assess other adopted plans and policies against the adopted Strive 2040 General Plan. The adopted plans and policies the PlaceWorks team will review include:
• Bay Meadows Specific Plan and Amendments
(Phases I and II)
• Detroit Drive Specific Plan
• El Camino Real Master Plan
• Hillsdale Station Area Plan
• Mariner’s Island Specific Plan
• Multifamily and Residential Mixed-Use Objective
Design Standards
• San Mateo Rail Corridor Transit-Oriented
Development Plan
• Shoreline Specific Plan
• City Charter
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For each plan, PlaceWorks will prepare a high-level review of the major plan components, examples of plan provisions that conflict with General Plan 2040, and big-picture recommendations for addressing inconsistencies, whether through amendments to the other plan or policy, and/or retiring the other plan or policy, if appropriate. The process to complete amendments is addressed in Task 7.3.

Based on input received through the previous tasks, PlaceWorks will prepare a draft framework outline that identifies the structure of the code, revisions to the existing code and new provisions to be added. Sections anticipated to be focused on in the framework outline include development standards, inclusionary housing requirements, and off-street parking regulations. The overall approach to identifying where change is needed will be guided by better addressing equity, affordable housing, mobility, community assets, infrastructure, resilience and climate adaptation. We will also prepare a template to illustrate the intended format and style of the zoning code. As part of this task, we will ensure that the code is set up to be easily accessible, interactive, and searchable. After staff review, PlaceWorks will discuss with staff any needed changes.

In addition to the engagement activities described in this task, Planning Commission and City Council study sessions detailed under Task 5.9 will be important sources of input for the project.

As an initial phase of this task, PlaceWorks will use input from the kick-off meeting to develop a Public Engagement Plan for the project. The Public Engagement Plan will provide goals, methods of engagement, and an anticipated schedule for outreach components. Keeping in mind the City’s goal to complete this project expeditiously, preliminary recommendations for engagement efforts include:
• Two in-person and two virtual community workshops or open house events • Up to 12 stakeholder group meetings
• Focused online surveys to informed stakeholders and frequent code users Each of these components is described in more detail in the following subtasks and may be refined or revised following the kick-off meeting.

In support of the community engagement, PlaceWorks will prepare the following outreach materials:
• Citywide Mailer. PlaceWorks will prepare a citywide mailer to inform stakeholders about the project, provide a link to the project website, and publish initial outreach dates as available. This scope of work assumes the City will be responsible for the mailer printing and postage.
• Flyers. PlaceWorks will prepare up to four project flyers. • Online Surveys. PlaceWorks will prepare up to four online surveys to seek feedback from frequent zoning code users to get input on targeted issues the update will tackle. • Project Mailing List Emails. PlaceWorks will prepare emails to announce upcoming outreach opportunities and public meetings and other key project milestones.
• Social Media Posts. PlaceWorks will prepare social media posts for the City to update the public about the project. • City Newsletter Content. PlaceWorks will prepare approximately a half page of content for the Citywide newsletter providing an update on the Zoning Code process.

All materials will be prepared in English. PlaceWorks will translate the engagement materials into Spanish and Simplified Chinese. This scope does not include translation of deliverables from other tasks. 193 of 1111
PlaceWorks will work with City staff to identify appropriate stakeholders, such as developers, real estate brokers, architects, business owners, community groups, government agencies, and property owners, to participate in the zoning code update process. We propose up to 12 small-group meetings with invited participants to discuss topics such as existing constraints, project feasibility and marketability, potential opportunities, and to review the draft code.

PlaceWorks will facilitate the stakeholder meetings and will provide support through the preparation of emailed invitation language, meeting agendas, and discussion questions for City review. PlaceWorks will coordinate with the City to determine if these meetings will be conducted in person or virtually. We assume that the City will be responsible for inviting stakeholders to the meetings and managing RSVPs.

PlaceWorks will facilitate two virtual and two in-person community meetings in the form of an open house or workshop that will be held at key points of the planning process. Potential engagement points include introducing the project and receiving community feedback on zoning concerns and asking for feedback on the Public Review Draft Zoning Code Amendments. For each community meeting, PlaceWorks will prepare draft and final materials, including a meeting agenda, sign-in sheet, presentation, open house boards and/or workshop activity, comment cards, and handouts as needed. We assume up to three PlaceWorks staff, including one bilingual staff member, for each community meeting with additional staffing and interpretation provided by the City.

PlaceWorks will prepare an engagement summary that recaps all engagement efforts throughout the project. The summary will also document key themes and issues that we heard from the community, identify how the project responded to community input, and include raw data from outreach events.

Deliverables:
» Draft and Final Public Engagement Plan
» Citywide Newsletter content
» Flyers (4)
» Online Survey (4)
» Project Emails
» Social Media Posts
» Translated outreach materials
» Community Outreach and Engagement Summary
PlaceWorks will prepare an addendum to the Strive San Mateo General Plan 2040 EIR, herein referred to as the “General Plan EIR” to evaluate the comprehensive zoning code update. This proposed approach to prepare an addendum to the certified General Plan EIR is based on the presumption that the proposed zoning code update will be within the scope of and consistent with the adopted General Plan and would therefore not create any new or worsened impacts than those identified in the General Plan EIR. PlaceWorks recommends an addendum, rather than a tiered mitigated negative declaration, because an addendum is a more legally defensible CEQA document. The addendum process does not involve a scoping or response to comments process. Additionally, because the zoning code update is presumed to be consistent with the adopted General Plan, technical analysis is not required.

PlaceWorks understands that an earlier, text only, phase of high density zone code updates will also be prepared and will require CEQA review. This scope of work assumes that City staff will prepare the CEQA documentation (expected to be streamlined review under CEQA Guidelines Section 15183) for the high density zone text changes. Therefore, this scope of work only covers the latter, comprehensive phase of zoning code updates (Task 5).

PlaceWorks’ CEQA Lead, Alexis Mena, will participate in a virtual meeting with PlaceWorks’ zoning team and City staff to kick off the CEQA phase of the project. The meeting focus will be to familiarize the CEQA team with the contents of the zoning code update, and to discuss the next steps and timeline for preparing the addendum. 194 of 1111
Following the CEQA kick-off meeting, PlaceWorks will prepare a draft project description of the proposed zoning code update. PlaceWorks will provide a revised project description based on City comments as part of the Administrative Draft Addendum described in Task 4.3.

PlaceWorks will prepare an addendum to the certified General Plan EIR. The addendum will include a qualitative discussion of the proposed zoning code update and substantiate the appropriateness of preparing an addendum for the zoning code update, pursuant to CEQA Guidelines Section 15164. The addendum will not include discussions for each of the CEQA-required topical areas. A contract modification would be required for any new modeling or major quantitative analysis. PlaceWorks will submit the Administrative Draft Addendum electronically (in Word) for City review and comment.

Using one set of consolidated comments from City staff on the Administrative Draft Addendum, PlaceWorks will prepare a Screencheck Draft Addendum.

Using one set of consolidated comments from the City on the Screencheck Draft Addendum, PlaceWorks will prepare the Final Addendum. This task assumes that comments received on the Screencheck Draft Addendum will be minimal and require minor textual edits or revision. This scope of work also assumes that the Final Addendum will be posted online for public review but that a response to comments process will not be required. Therefore, this scope of work does not include any responses to comments that the City may receive on the addendum. However, we are available to prepare responses to comments and addendum revisions, if requested, for an additional cost.

Following the approval of the addendum and within five days of approval of the zoning code update, PlaceWorks will prepare a Notice of Determination (NOD) for submittal to the County Clerk. PlaceWorks will submit the NOD to the Governor’s Office of Land Use and Climate Innovation’s State Clearinghouse. City staff will submit the NOD to the County Clerk, pay all applicable filing fees at the time of posting, and post on the City’s website. The budget does not include payment of any filing fees.

Deliverables:
» Draft notices for the public and for government agencies » Draft project description (Word)
» Administrative Draft Addendum (Word)
» Screencheck Draft Addendum (Word and PDF)
» Final Addendum (PDF)
» Notice of Determination (PDF)
PlaceWorks proposes to complete the zoning code update in one phase. This approach is intended to meet City goals of keep the overall schedule close to two years from initiation to adoption of the zoning amendments. The zoning code updates will emphasize user-friendliness for both staff and applicants, adding illustrations, tables, and matrices to clarify and simplify requirements and processes.
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PlaceWorks will prepare the Administrative Draft Zoning Code Amendments for internal review and comment by City staff.

Key amendments will include, but are not limited to:
• Updates to the zoning map for consistency with the Strive 2040 General Plan land use map and land use designations • Adding, consolidating, removing, or modifying zoning districts, including for alignment with the General Plan • Translating stories into building-height limits to align with the General Plan • Possibly folding overlay district requirements into base zoning districts • Possibly removing the Bay Meadows Specific Plan zoning district • Revising development standards for each zoning district » Revising development standards in special areas such as Hillsdale Mall, Fashion Island, 25th Avenue, and El Camino Real
» Updating floor-area ratio (FAR) for the C1 and C2 districts » Updating and consolidating FAR for all zoning districts » Updating permitted uses in each zoning district
• Updating parking standards
• Establishing a bird-safe building ordinance
• Establishing a dark sky ordinance
• Updating noise standards
Before preparing the Administrative Draft, PlaceWorks will consult with City staff to determine the appropriate file format(s) and preferred tracking procedures to ensure ease of internal use and review. It is assumed that the City will provide a single, consolidated set of comments following the review.

PlaceWorks understands the City is working on other zoning code amendments to be adopted separate from the comprehensive zoning code amendments, including, but not limited to, accessory dwelling unit and SB 9 updates, historic resources, certain parking requirements, and affordable housing requirements. PlaceWorks expects to include those adopted ordinances in the comprehensive zoning code update after they are adopted using the same organization as the comprehensive update template and will update cross-referencing as needed at that time.

Following receipt of consolidated City staff comments, PlaceWorks will prepare a Public Review Draft of the Zoning Code Amendments that is suitable to be published on the City’s website.

Following public review, PlaceWorks will work with City staff to determine edits to make in response to comments received on the public review draft zoning code amendments. PlaceWorks will then make revisions and provide the Revised Draft Zoning Code Amendments to City staff to provide to the Planning Commission and City Council for consideration for adoption. The Revised Draft Zoning Code Amendments will address any typos or errors and will incorporate a summary of edits and responses to comments on the Public Draft from staff, Planning Commission, City Council, and the public.

Following Planning Commission and City Council adoption hearings for the zoning code amendments (see Task 6), PlaceWorks will prepare the Final Zoning Code with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the Zoning Code website (e.g., Municode). 196 of 1111
PlaceWorks will work with City staff to prepare for and attend in-person or virtual study sessions with the Planning Commission and City Council at key points in the project. This scope of work assumes up to five total in-person study sessions (three Planning Commission and two City Council) with in-person attendance by at least one PlaceWorks team member. If virtual study sessions are determined to be preferable to have a greater number of meetings or attendance by more PlaceWorks staff, the budget under this task could likely accommodate a larger number of meetings. This scope of work assumes that meetings with approval bodies will correspond with project milestones, such as providing an overview of the project and engagement plan, to gather input on key issues being considered in best practices research and analysis, or at the time of the Public Review Draft. This scope assumes that PlaceWorks PIC Joanna Jansen will attend all Planning Commission and City Council study sessions in person.

Deliverables:
» Administrative Draft Zoning Code Amendments
» Public Review Draft Zoning Code Amendments
» Revised Draft Zoning Code Amendments
» Final Zoning Code Amendments
» Attendance at and draft agenda reports and PowerPoint presentations for up to five total Planning Commission and/or City Council study sessions
PlaceWorks will support City staff with packaging and processing the High Density Zones Code Amendments.

PlaceWorks will prepare necessary materials for the Planning Commission and City Council, including draft hearing notices, draft agenda reports, resolutions, ordinances, presentations, and attachments as needed.

The PlaceWorks team will attend up to one in-person public hearings each with the Planning Commission and City Council at the time of High Density Zones Code Amendments adoption, with in-person attendance by at least one PlaceWorks team member. Additional hearings may be added to the scope and reflected in any necessary budget augments at the request of City staff.

PlaceWorks will support City staff with packaging and processing the comprehensive Zoning Code update and Map Amendments. PlaceWorks will prepare necessary materials for the Planning Commission and City Council, including draft hearing notices, draft agenda reports, resolutions, ordinances, presentations, and attachments as needed.

The PlaceWorks team will attend up to three in-person public hearings with the Planning Commission and two hearings with the City Council at the time of Zoning Code adoption, with in-person attendance by at least one PlaceWorks team member. Additional hearings may be added to the scope and reflected in any necessary budget augments at the request of City staff.

Following approval of the comprehensive Zoning Code update, PlaceWorks will file the NOD, as described in Task 4.6. 197 of 1111
Deliverables:
» Attendance at and draft agenda reports, resolutions, ordinances, and PowerPoint presentations for up to four Planning Commission and four City Council adoption hearings Following adoption of all Zoning Code Amendments and the updated Zoning Map, PlaceWorks will draft an Implementation Plan to assist the public and City staff in understanding the key changes to format, style, and procedures in the updated Title 27. The implementation plan will be a concise document that uses graphics and other tools as applicable to make it user friendly. The plan could include some handouts or brochures to illustrate key sections of the zoning code update. This scope of work assumes permit checklist and applications will not be part of the Implementation Plan.

After receiving City staff comments on the Draft Implementation Plan, PlaceWorks will prepare a Final Implementation Plan.

As an optional task, PlaceWorks can build on the high-level evaluation of other plans in Task 2.4 to prepare a more detailed, line-by-line review of individual plan provisions and recommend detailed plan amendments for General Plan consistency. This scope assumes that any amendments to these plans would happen through a separate process.

PlaceWorks will attend a training course with City staff to present the Final Implementation Plan and answer questions from staff on the updates to Title 27. It is anticipated the staff attending the training will be those who work at the counter and use the Zoning Code most frequently.

Deliverables:
» Draft Implementation Plan (electronic PDF format)
» Final Implementation Plan (electronic PDF format)
» Optional: detailed evaluation of some or all other plans and recommended amendments » PowerPoint presentation and agenda for staff training PlaceWorks’ proposed schedule for completion of the San Mateo Comprehensive Zoning Code Update is shown in Figure 1. As shown in the schedule, we anticipate that the comprehensive zoning code update can be completed by March 2027, with the implementation tasks completed by June 2027.

PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the San Mateo Comprehensive Zoning Code Update, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times:
• We maintain an up-to-date schedule throughout the project, to ensure that all team members are aware of upcoming meetings and product due dates.
• We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. • We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports.
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• We limit subconsultants’ payments to specific milestones to ensure that progress on the project is commensurate with billings.

Task 7.3, amendments to other Specific Plans, is an optional task. Costs for these tasks are not included in the costs in Table 2 as it is not possible to provide an accurate cost estimate until the potential amendments are identified. 199 of 1111
The PlaceWorks Team

COST PROPOSAL
Joanna Jansen Carey Stone Amy Sinsheimer Alexis Mena Lance Park Andrew Davidoff Jose Ayala CEQA Associate Jennifer Hugoo
Zixuan Liu Leo DiPierro Rob Mazur Title Principal Senior Associate Senior Associate Associate Principal Senior Associate Associate Associate Associate Planner Planner GIS Analyst Director of GIS Services Role: Principal in Charge Outreach Lead Project Manager CEQA Lead Technical Lead Assistant Project Manager Key Staff Key Staff Key Staff Key Staff Graphics Technical Editing WP/ Clerical Hourly Rate: $285 $245 $230 $275 $250 $165 $180 $160 $135 $135 $150 $255 $145 $160 $140 TASK 1. Project Administration and Management 1.1 Project Kick-off Meeting 4 4 10 2 6 4 30 $6,500 $6,500

1.2 Weekly Meetings with City Staff 80 20 100 16 100 52 368 $78,620 $78,620

1.3 Key Progress Meetings with City Staff 8 8 16 6 12 8 58 $12,630 $12,630

1.4 Project Website 2 16 32 2 40 2 40 24 60 12 12 242 $43,140 $43,140

1.5 Ongoing Project Management 56 24 72 10 64 226 $51,710 $51,710 Task 1. Subtotal 150 72 230 36 0 222 0 2 40 64 0 24 60 12 12 924 $192,600 $192,600 TASK 2. Zoning Code Assessment - Research, Analysis and Phasing Plan

2.1 Best Practice Research 12 4 40 64 48 48 20 4 4 244 $43,560 $43,560

2.2 Map Consistency Analysis 12 16 32 16 8 60 10 8 162 $31,130 $31,130

2.3 Text Consistency Analysis/Comparison Table 12 32 16 16 32 16 32 10 8 4 178 $35,530 $35,530

2.4 Consistency Analysis of Other City Plans 16 48 12 16 24 24 20 6 8 4 178 $34,570 $34,570

2.5 Draft Framework Outline 6 24 18 4 6 6 64 $12,450 $12,450 Task 2. Subtotal 58 100 124 0 0 130 104 0 84 36 112 30 30 0 18 826 $157,240 $157,240 TASK 3. Community Outreach and Engagement 3.1 Community Outreach and Engagement Plan 4 16 8 16 8 4 4 4 64 $12,400 $12,400

3.2 Community Engagement Materials and Online Surveys 10 32 8 105 56 4 4 282 $50,260 $50,260

3.3 Stakeholder Meetings 34 34 34 44 208 $47,040 $47,040

3.4 Community Meetings 24 28 20 32 24 158 $32,860 $32,860

3.5 Community Outreach and Engagement Summary 4 6 6 36 4 2 64 $12,000 $12,000 Task 3. Subtotal 76 116 76 0 0 233 0 0 0 8 0 0 84 12 10 776 $154,560 $154,560 TASK 4. Environmental Document (CEQA) 4.1 Initiate CEQA Process 1 1 4 6 12 $2,575 $2,575

4.2 Project Description 1 1 1 6 1 12 2 24 $5,005 $5,005

4.3 Administrative Draft Addendum 2 1 1 10 2 1 20 2 2 4 45 $9,050 $9,050

4.4 Screencheck Draft Addendum 1 4 1 8 2 1 17 $3,425 $3,425

4.5 Final Addendum 1 2 4 2 9 $1,700 $1,700

4.6 Notice of Determination 1 2 3 $595 $595
Task 4. Subtotal 4 2 5 27 2 3 0 52 0 0 0 6 0 2 7 110 $22,350 $22,350 TASK 5. Updates to Zoning Code, Zoning Map, and Related Municipal Codes 5.1 Administrative Draft Zoning Code Amendments 30 18 86 82 52 30 24 16 2 48 36 72 496 $88,630 $88,630

5.2 Public Review Draft Zoning Code Amendments 18 11 66 66 36 24 18 12 24 12 18 305 $55,765 $55,765

5.3 Revised Draft Zoning Code Amendments 14 7 58 60 24 20 12 4 12 6 8 225 $42,005 $42,005

5.4 Final Zoning Code Amendments 10 5 28 46 20 16 8 8 2 6 2 16 167 $30,085 $30,085

5.5 Planning Commission (3) and City Council Study Sessions (2) 25 4 36 10 8 18 4 2 107 $22,605 $22,605 Task 5. Subtotal 97 45 274 0 0 264 132 8 90 80 40 4 94 56 116 1300 $239,090 $239,090 TASK 6. Zoning Code Amendment Adoption Hearings 6.1 High Density Zones Adoption Hearing Materials 8 14 4 6 2 34 $4,960 $4,960

6.2 High Density Zones Adoption Hearing Attendance - PC (1)/ CC (1) 10 8 14 3 35 $8,510 $8,510

6.3 Phase 2 Zoning Code Adoption Hearing Materials 8 12 2 2 1 25 $3,670 $3,670

6.4 Phase 2 Zoning Code Adoption Hearing Attendance - PC (3) / CC(2) 30 20 34 8 92 $22,550 $22,550 Task 6. Subtotal 40 28 48 0 0 16 0 11 0 26 6 0 8 0 3 186 $39,690 $39,690 TASK 7. Implementation Plan

7.1 Draft Implementation Plan 6 2 12 2 20 20 2 6 70 $12,870 $12,870

7.2 Final Implementation Plan 2 1 8 12 8 1 4 36 $6,515 $6,515

7.3 Specific Plan Updates (optional) Cost to be provided separately if City desires 0 $0 $0

7.4 Staff Training 8 8 20 16 52 $11,480 $11,480
Task 7. Subtotal 16 11 40 2 0 48 0 0 0 0 0 0 28 3 10 158 $30,865 $30,865 Labor Hours Total 441 374 797 65 2 916 236 73 214 214 158 64 304 85 176 4119 Labor Dollars Total $125,685 $91,630 $183,310 $17,875 $500 $151,140 $42,480 $11,680 $28,890 $28,890 $23,700 $16,320 $44,080 $13,600 $24,640 $836,395 $836,395 PlaceWorks Percent of Total Labor 10.7% 9.1% 19.3% 1.6% 0.0% 22.2% 5.7% 1.8% 5.2% 5.2% 3.8% 1.6% 7.4% 2.1% 4.3% 100.0% REIMBURSABLE EXPENSES PlaceWorks Reimbursable Expenses $6,192 EXPENSES TOTAL $6,192 GRAND TOTAL $842,587
10% Contingency $84,259 Grand Total with Contingency $926,846

PLACEWORKS
TOTAL TASK BUDGET Place- Works Hours PLACE- WORKS TOTAL 200 of 1111
Project Tasks JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2025 2026 2027
1 2
3 4
5 6
7 Project Administration and Management

1.1. Project Kick-off Meeting

1.2. Weekly Meetings with City Staff

1.3 Key Progress Meetings with City Staff

1.4 Project Website

1.5 Ongoing Project Management
Zoning Code Assessment - Research, Analysis and Phasing Plan

2.1. Best Practice Research

2.2. Map Consistency Analysis

2.3. Text Consistency Analysis/Comparison Table

2.4. Consistency Analysis of Other City Plans

2.5. Draft Framework Outline
Community Outreach and Engagement

3.1. Community Outreach and Engagement Plan

3.2. Community Engagement Materials and Online Surveys

3.3. Stakeholder Meetings

3.4. Community Meetings

3.5. Community Outreach and Engagement Summary
Environmental Document (CEQA)

4.1. Initiate CEQA Process

4.2. Project Description

4.3. Administrative Draft Addendum

4.4. Screencheck Draft Addendum

4.5. Final Addendum

4.6. Notice of Determination
Updates to Zoning Code, Zoning Map and Related Municipal Codes

5.1. Administrative Draft Zoning Code Amendments

5.2. Public Review Draft Zoning Code Amendments

5.3 Revised Draft Zoning Code Amendments

5.4 Final Zoning Code Amendments

5.5. Planning Commission and City Council Study Sessions Zoning Code Amendment Adoption Hearings

6.1. High Density Zoning Amendments Adoption Hearing Materials

6.2. High Density Zoning Amendments Adoption Hearings Attendance - Planning Commission and City Council

6.3. Comprehensive Zoning Code Adoption Hearing Materials

6.4. Comprehensive Zoning Code Adoption Hearings Attendance - Planning Commission and City Council
Implementation Plan

7.1. Draft Implementation Plan

7.2. Final Implementation Plan

7.3. Specific Plan Updates (optional)

7.4. Staff Training
PlaceWorks Preparation of Project Task Staff Review of Work Products Public Review of Work Products Meetings - Conference Calls or In-Person 201 of 1111
Comprehensive
Zoning Code Update
Proposal for Services
April 11, 2025
for the City of San Mateo
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Comprehensive
Zoning Code Update
for the City of San Mateo
Proposal for Services | April 11, 2025
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE www.PlaceWorks.com
Prepared by: PlaceWorks
2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
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2040 Bancroft Way, Suite 400 | Berkeley, California 94707 | 510.848.3815 | PlaceWorks.com April 11, 2024
Jennifer Rosas
Business Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Subject: San Mateo Comprehensive Zoning Code Update
Dear Jennifer:

Please accept the attached submittal as PlaceWorks’ proposal to prepare the Comprehensive Zoning Code Update for the City of San Mateo.

Over the course of the Strive San Mateo project, which began in 2018, PlaceWorks got to know San Mateo residents, stakeholders, decision makers, and staff. We understand the nuances of working in San Mateo, including the overlapping layers of past planning documents; a passionate and informed public; and commitment to sustainability, environmental justice, and community engagement. We are not only intimately familiar with the big ideas of General Plan 2040, we share them as personal and professional values, so it is particularly meaningful to have the opportunity to move those ideas closer to reality through this zoning code update. However, we realize that the work ahead is not idealistic and aspirational, but technical, detailed, and complex. Moreover, it will be completed with the high level of public scrutiny typical of planning in San Mateo. Our knowledge of San Mateo is complemented by our experience bringing outdated zoning codes into the twenty-first century, making them more legible, clear, and intuitive. For this project, Carey Stone, Alexis Mena, and I will bring our familiarity with San Mateo and with General Plan 2040 and its environmental impact report (EIR), and we will add Amy Sinsheimer as a zoning expert and highly skilled project manager, creating an ideal team to meet the City’s needs.

PlaceWorks has signed multiple contracts with the City of San Mateo. We are confident in our ability to arrive at Professional Services Agreement wording we can sign. If the City will allow it, we would appreciate the opportunity to submit proposed wording changes for consideration.

Please do not hesitate to contact me if you need more information. The PlaceWorks team looks forward to working with you on this interesting and challenging project.

We look forward to your response.

Respectfully submitted,

PLACEWORKS
Joanna Jansen, AICP, LEED AP
Managing Principal, Environmental Services
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Proposal for Services • PLACEWORKS 1

1. EXECUTIVE SUMMARY
In March 2024, the City of San Mateo (City) adopted General Plan 2040. To help address the region’s housing crisis, General Plan 2040 increased San Mateo’s housing capacity by over 19,000 new homes and added space for 15,000 new jobs in areas close to transit and services, alongside many other ambitious policies and programs. The development community has responded to the vision of the new General Plan with significant interest; the City has received multiple applications for residential and mixed-use projects under Senate Bill (SB) 330 in 2024 and 2025. However, even for projects that are consistent with the land use designations and high-level policies of General Plan 2040, processing these applications is challenging for both staff and applicants as long as the zoning code remains inconsistent. Many applications include numerous waivers and exceptions to try to make a project consistent with both General Plan 2040 and the zoning code.

The provisions of General Plan 2040 to increase residential and mixed-use development in the 10 Study Areas, including the Downtown, Hayward Park, and Hillsdale stations, are broadly supported by City decision makers and housing advocates. Staff are eager to update the zoning code to simplify and clarify it. However, the complexity and expectations that have accumulated over decades as the current code has been amended, tweaked, and patched up piecemeal will require careful and deliberate work to undo.

PlaceWorks has prepared a proposal to balance the City’s desire to move swiftly to implement General Plan 2040 with the need to include staff, stakeholders, and decision makers in a thoughtful and thorough process.

To strike this balance, and in response to the Request for Proposals (RFP), this scope would accelerate work on some of the most pressing project components, namely updating the list of zoning districts and identifying the needed updates to the zoning map for consistency with the General Plan 2040 land use map and land use designations.

We propose to have these two major components adopted 17 months from project initiation. This scope also recommends an addendum to the General Plan 2040 EIR as the appropriate environmental document to facilitate adoption.

TABLE OF

CONTENTS

1. EXECUTIVE SUMMARY 1

2. FIRM PROFILE AND
CONTACT INFORMATION2

3. QUALIFICATIONS 2

4. PROJECT TEAM 4

5. HISTORY AND
EXPERIENCE 5

6. WORK PLAN 6
Scope of Work.....................................6
Schedule............................................16

7. REFERENCES 18

8. MODIFICATIONS AND
TASK BREAKDOWN 18
Modifications....................................18
Task Breakdown................................18

9. BUDGET 19
Assumptions......................................20
Optional Tasks...................................20
Appendix A: Resumes
Company Ownership Office Locations Firm Contact Information Company Type:

California
C-Corporation
Santa Ana (headquarters)
Berkeley
Sacramento
Los Angeles
Chino
San Luis Obispo
Joanna Jansen, AICP, LEED AP
Managing Principal, Planning Services
2040 Bancroft Way, Suite 400
Berkeley, CA 94704
510.848.3815 ext. 3318
[email protected]
Tax ID Number

95.2975827
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2 CITY OF SAN MATEO • Comprehensive Zoning Code Update

2. FIRM PROFILE AND CONTACT

INFORMATION
PlaceWorks is a 100 percent employee-owned planning, design, and environmental consulting firm, with approximately 140 employees in six offices. Serving both public- and private-sector clients throughout the state, PlaceWorks provides comprehensive planning, environmental review, urban design, landscape architecture, community outreach, and Geographic Information Systems (GIS) services. PlaceWorks was founded in 1975 as The Center for Planning and Research. The present-day firm resulted from a 2011 merger of The Planning Center, based in southern California, with Design, Community, & Environment (DC&E) in the Bay Area.

PlaceWorks is financially stable and has sufficient capacity, staff, and resources to successfully complete the project on time and on budget. PlaceWorks has never filed bankruptcy and is in good financial standing.

PlaceWorks does not have any bankruptcies, liens, stop-payment notices, judgments, lawsuits, arbitrations, mediations, foreclosures, or similar actions pending. In March 2021, PlaceWorks was named in a cross-complaint, and a settlement was reached and the lawsuit was dismissed with no admission of fault on our part in March 2024. The original complaint was filed in 2019 against the City of Oakland for breach of contract by Flatiron West Inc., the general contractor for the Embarcadero Bridge Replacement project. The City of Oakland cross-complained against T.Y. Lin International Group and AECOM in July 2020. T.Y. Lin/AECOM subsequently filed a cross-complaint against DC&E/PlaceWorks. DC&E was acquired by PlaceWorks in 2011, and our preconstruction planning role on the project ended in 2007.

3. QUALIFICATIONS
Relevant Projects

SAN MATEO GENERAL PLAN UPDATE AND EIR (SAN MATEO, CA)
PlaceWorks led a multidisciplinary team to update the City’s General Plan and prepare an EIR. General Plan 2040 was adopted in March 2024 and identifies solutions to address the critical need for housing, improving transportation connections citywide for all modes of travel, and confronting the effects of climate change and sea-level rise. Joanna Jansen, as the Principal-in-Charge, and Carey Stone, as Project Manager, led all phases of the project: establishing the vision and values for the future; creating and evaluating a range of land use and circulation alternatives; updating the goals and policies; and creating a user-friendly General Plan and associated EIR. The City emphasized equitable outreach throughout the process and PlaceWorks worked closely with the Peninsula Conflict Resolution Center to reach Spanish-speaking and low-income residents. The zoning code update is a critical next step in implementing General Plan 2040 and moving the community towards the future it envisions.

TITLE 17 ZONING CODE COMPREHENSIVE UPDATE AND ACCESSORY DWELLING UNIT

ORDINANCE (TUOLUMNE COUNTY, CA)
Following adoption of the Tuolumne County General Plan in 2019, PlaceWorks assisted the County with a comprehensive zoning code update. The update focused on changes needed to implement the land use policy direction from the General Plan, including focusing growth and development into established communities, streamlining housing development, and promoting economic development in the county. The update also responded to new State law requirements, including recent legislation regarding housing production, accessory Contract Value: $2,845,010
Dates of Work: April 2018-March
Contract Value: $259,931
Dates of Work: March 2020-April
2024
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dwelling units, and other new residential requirements. Through the zoning code update, PlaceWorks modernized the code and improved its user-friendliness and established a more logical and streamlined development review process.

PlaceWorks worked closely with multiple committees, the Planning Commission, and Board of Supervisors to ensure the process aligned with County and Board priorities.

PITTSBURG ZONING CODE UPDATE (PITTSBURG, CA)
PlaceWorks planning and design staff, with Amy Sinsheimer as Project Manager, have been collaborating on a comprehensive code update following on urban design efforts to enhance the built environment from block to citywide scales.

Attention to the importance of form in the key area of Bliss Avenue anticipated to transform the area around the Pittsburg e-BART station, plus the precise-plan level effort for transforming Century Plaza, has helped inform the comprehensive zoning code update now underway. The comprehensive code update is addressing staff, community, and decision maker key issues related to zoning. The project has included the convening of a technical advisory committee made up of City staff, focus group meetings with key community stakeholders, meetings with the Planning Commission and City Council, and public workshops. At all of these levels, the focus on translating community values into feasible development standards that lead to improved sense of place has been paramount. The comprehensive code update is expected to be completed in 2026.

WILDOMAR GENERAL PLAN ZONING CONSISTENCY PROGRAM (WILDOMAR, CA) PlaceWorks prepared a comprehensive development code update to match the new General Plan for the city. As one of the newest cities in California, Wildomar adopted the Riverside County zoning code at the time of incorporation. With the update of a new General Plan, the City took the opportunity to create a bespoke development code that reflected the needs and vision of the city. The development code simplified the allowable uses, streamlined review and approval procedures, and referenced objective design standards previously adopted separately by the City. PlaceWorks prepared the development code edits in concert and coordination with the General Plan update, and both the General Plan and the development code were adopted at the same council hearing in December 2024.

SOLEDAD SB 2 ZONING ORDINANCE UPDATE (SOLEDAD, CA)
The PlaceWorks Housing Team, directed by Jennifer Gastelum and managed by Amy Sinsheimer, assisted the City of Soledad with implementing their 2020-2028 Housing Element, by updating their zoning ordinance and creating an Accessory Dwelling Unit (ADU) handbook. The work was funded by an SB 2 Planning Grant. The team’s work on the update included updating the zoning code in a variety of areas to be consistent with State housing legislation. The team facilitated the adoption of the zoning amendments through the city’s public hearing process and prepared the applicable CEQA analysis pertaining to the required amendments.

GENERAL PLAN AND ZONING UPDATE TO IMPLEMENT THE 6TH CYCLE HOUSING ELEMENT (CUPERTINO, CA)
PlaceWorks completed map and text amendments to the Cupertino Zoning Ordinance necessary to implement the City’s recently adopted 2023-2031 Housing Element. Key elements of the Zoning Ordinance update included a significant increase of allowable housing densities and incentives for the production of affordable housing through streamlined processes and regulatory standards that will lead to successful projects. As part of the project, the PlaceWorks team led a series of in-person and online focus group and public events and presentations to the Planning Commission and City Council to prepare the community for the changes in the built Contract Value: $424,000
Dates of Work: July 2024-Ongoing
Contract Value: $1,382,960
Dates of Work: September 2022-
December 2024
Contract Value: $110,625
Dates of Work: February 2020-
August 2023
Contract Value: $1,096,637
Dates of Work: March 2023-
Ongoing
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environment that will be necessary to meet the Regional Housing Needs Allocation and effectuate positive change in the form of higher-density housing at all income levels. PlaceWorks is also updating the City’s Health and Safety and Mobility Elements and developing objective design standards (ODS) for multifamily and mixed-use development.

INFILL PROGRAM AND OBJECTIVE DESIGN STANDARDS (SACRAMENTO COUNTY, CA) PlaceWorks assisted the County in updating its existing Infill Program to further encourage infill development and increase and accelerate the production of housing, especially affordable housing throughout the unincorporated county. As part of this work, PlaceWorks inventoried and prioritized potential areas for infill, analyzed development standards and regulatory impediments to development, and developed a toolkit of incentives and strategies to maximize infill opportunities. Findings and final recommendations for the Infill Program Update were informed by community and stakeholder outreach, including with County departments, partner agencies, and advocates. PlaceWorks was also asked to assist the County by updating its mixed-use development objective design standards as an initial implementation measure of the Infill Program Update.

CONTRA COSTA COUNTY ZONING CODE UPDATE (CONTRA COSTA, CA) Contra Costa County, in the San Francisco Bay area, is a large and diverse county, encompassing farms and orchards, intact historic communities, high-density transitoriented neighborhoods, suburban subdivisions, and extensive natural open space.

Guiding development and conservation across this diverse landscape is challenging given that major components of the County’s Zoning Code have been in place since the 1940s. PlaceWorks, with Joanna Jansen as Principal-in-Charge, is leading a zoning code update to significantly streamline the code and improve its accessibility and usability. Our work to update the County’s zoning code began with the preparation of a Zoning Update Report to create a roadmap for the comprehensive update. The comprehensive code update is now implementing this roadmap to modernize the code, improve accessibility, and implement the new General Plan adopted in November 2024.

4. PROJECT TEAM
PlaceWorks has assembled a highly qualified team to complete the San Mateo Comprehensive Zoning Code Update.

This chapter describes the key personnel that will be assigned to the project. Resumes for the key staff identified are included in Appendix A. Additional materials are available upon request.

Key Staff
Name | Title
Role Experience

JOANNA JANSEN, AICP, LEED AP
Managing Principal,
Planning Services
Principal-in-Charge
Joanna oversees PlaceWorks’ comprehensive planning practice in Northern California. She most recently serves as Principal-in-Charge of Strive San Mateo General Plan 2040, including outreach components and the General Plan EIR. She is also currently the Principal-in-Charge of the Contra Costa County Zoning Code Update, which, like San Mateo, is implementing a General Plan she led that was adopted in 2024. Joanna has managed General Plan updates and other long-range planning projects for Palo Alto, Livermore, Vacaville, Morgan Hill, Los Banos, Placer County, and Butte County, among other California communities.

Contract Value: $249,978
Dates of Work: September 2022-
August 2024
Contract Value: $4,039,000
Dates of Work: October 2021-
Ongoing
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Name | Title
Role Experience

AMY SINSHEIMER, AICP
Senior Associate
Project Manager
Amy has over 20 years of experience managing and preparing long-range planning and policy documents, with a specialty in housing. She has significant experience in public outreach for complex projects involving multiple agencies, stakeholders, and team members. Amy recently led the comprehensive zoning code update for Tuolumne County, is currently leading the comprehensive update for cities of Pittsburg and Salinas, and has also completed targeted zoning updates for Soledad and other cities in recent years. She is currently working with the City of San Mateo to develop new high-density zoning districts to implement Strive San Mateo General Plan 2040. She also has other comprehensive zoning code experience, including hybrid and form-based codes along with experience managing General Plan updates.

CAREY STONE
Senior Associate
Advisor/Outreach Lead
A team member of PlaceWorks since 2007, Carey has experience with a range of planning projects, including General Plans, environmental review documents, public outreach campaigns, and GIS projects. Specializing in comprehensive planning, she has served as project manager on a variety of projects for cities and counties throughout California, including Strive San Mateo General Plan 2040. She will provide continuity and local familiarity to efficiently maximize General Plan consistency.

ANDREW DAVIDOV
Associate
Assistant Project Manager
Andrew works on projects throughout California, focusing primarily on policy planning, land use analysis, zoning code updates, and economic development. His responsibilities include research and writing for general and specific plan updates, updating zoning codes through comprehensive revisions and targeted amendments, analyzing housing policies, providing technical assistance, and facilitating community engagement. He is currently or recently assisting with zoning updates for Pittsburg, Tuolumne County, San Mateo, and Gonzales. He brings three years of experience analyzing the aesthetic characteristics of communities and developing objective design standards for multifamily and mixed-use projects.

ROB MAZUR
Principal
GIS Lead
Rob has extensive experience creating maps and datasets for a range of planning projects. He specializes in all facets of geodatabase development, data management, web GIS, and spatial and tabular analyses for improved decision-making, information retrieval, and cartography.

Rob is well versed in advanced and current planning practices in both the public and private sector. He has brought his GIS skills to a number of General Plan updates throughout California, and has managed a variety of mapping projects in Los Angeles County, the Bay Area, and beyond.

ALEXIS MENA, LEED AP
Associate Principal
CEQA Lead
Alexis brings valuable experience in both the public and private sectors, and her work at PlaceWorks has focused on environmental review and planning for a range of transportation, land use, and sustainability projects, with a focus on Bay Area projects. She recently served as the Project Manager for the General Plan Update EIR for the City of San Mateo. She is currently serving as the Principal-in-Charge of the Stanford University Belmont Conceptual Development Plan and Development Agreement EIR for the City of Belmont and General Plan Reset EIR for the City of San Carlos.

5. HISTORY AND EXPERIENCE
As demonstrated in Chapter 3, PlaceWorks has extensive experience with similar comprehensive zoning code updates and a well-established relationship with the City of San Mateo. 211 of 1111
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Zoning
PlaceWorks’ staff bring decades of work experience supporting local agencies with zoning expertise and housing policy. We have prepared several zoning code updates for jurisdictions throughout California, representing a variety of different communities. Our zoning codes are highly customized to each individual community, and we work closely with each client to identify the approach that will most effectively achieve the community’s objectives. PlaceWorks has significant experience considering existing historic resources and districts in the zoning process. Our recent work spans from ensuring the preservation of targeted components of the San Jose Civic Auditorium, to creating a Transfer of Development Rights (TDR) program to protect historic buildings from demolition as part of the Downtown Oakland Specific Plan Rezoning project.

At PlaceWorks, our approach to urban design is enhanced by an expert understanding of transit-oriented development, downtown revitalization, and corridor planning. We integrate cohesive transit and streetscape networks with their surrounding neighborhoods, buildings, open spaces, and public facilities—all while maintaining the unique character of each community. As experts in neighborhood design and site development, PlaceWorks’ interdisciplinary approach effectively integrates site engineering, land forming, project programming, community structure, building design, and landscape architecture. We provide our public- and private-sector clients with plans and designs that work.

Local Experience
PlaceWorks has a strong working knowledge and familiarity with the City of San Mateo. Recently, the PlaceWorks team led the City’s General Plan Update and EIR, which were adopted in March 2024. While simultaneously updating the General Plan, we also led the City’s Climate Action Plan Update, which was adopted in 2020, as well as reviewing the City’s Objective Design Standards. We have also provided environmental review and comprehensive planning services for the City throughout the years, including preparing the Hillsdale Station Area Plan and preparing an EIR for the Hillsdale Shopping Center North Block Reconfiguration Project.

6. WORK PLAN
This chapter describes the scope of services to be completed by the PlaceWorks team for the San Mateo Zoning Code Update. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project.

We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project.

Scope of Work
Task 1. Project Administration and Management

1.1 Project Kick-off Meeting
PlaceWorks will meet with City staff to initiate the project via a virtual kick-off meeting. We will review the scope and schedule with a focus on the intersection of outreach events and project milestones, keeping in mind the goal of phasing the project. This meeting will establish project management procedures, including invoicing terms and communication protocols, and data collection approach. In advance of this meeting, the PlaceWorks team will prepare a data request document.
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1.2 Weekly Meetings with City Staff
The PlaceWorks project management team will participate in weekly virtual status update meetings with City staff to ensure that the project remains on task and budget. Additional PlaceWorks staff will attend meetings as needed. It is assumed that the weekly status meetings will be conducted virtually and will average one hour each. PlaceWorks will prepare and share a meeting agenda and meeting materials prior to each meeting. PlaceWorks will also participate in periodic phone calls with the City’s Project Manager (upon the initiation of either party) on an as-needed basis to address any issues that arise between project team meetings.

1.3 Key Progress Meetings with City Staff
The PlaceWorks team will join City staff for virtual progress meetings at important project milestones such as completion of certain research and analysis, key community engagement activities, following Planning Commission and Council study sessions, and ahead of Planning Commission and City Council adoption hearings. PlaceWorks will prepare and share a meeting agenda prior to each meeting.

1.4 Project Website
PlaceWorks understands that the Strive San Mateo webpage used by the City for the General Plan Update will also be used for the Zoning Code Update. PlaceWorks is currently managing the Strive website and will continue to do so to provide information about the Zoning Code Update. We will post documents as soon as they are available to the public, including summaries of community input, which will be important to keep the community’s trust. The website will continue to be usable and functional on all interfaces, including mobile phones, tablets, and computers, and will include references/links to City social media accounts.

1.5 Ongoing Project Management
PlaceWorks will conduct ongoing project management, including internal coordination, review of project budget, and preparation of monthly invoices and progress reports. Amy Sinsheimer will serve as the day-to-day contact for overall project management and will oversee coordination of the regular project meetings, budget, and schedule.

Deliverables:
» Detailed work program (schedule and timeline)
» Detailed budget tracking document
» Agendas and notes for kickoff meeting, weekly check-in calls, and key progress meetings » Monthly invoices and progress reports
» Website mock-up and live versions, plus regular updates and linked documents Task 2. Zoning Code Assessment – Research, Analysis, and Phasing Plan

2.1 Best Practice Research
PlaceWorks will work closely with staff to continue to collect Zoning Code concerns or issues that should be addressed as part of the comprehensive update. Following the assessment of background data, PlaceWorks will conduct a review of best practices to help guide subsequent Zoning Code update tasks. PlaceWorks will also work with City staff to identify potential “best practices” jurisdictions to respond to those issues, in addition to PlaceWorks existing database of best practices. This task will also include “deep dives” into six to eight particularly complex or challenging topics, such as building height, shared and unbundled parking, use classifications for current and future uses, or bird-safe regulations.

2.2 Map Consistency Analysis
PlaceWorks’ GIS team will develop an internal webmap tool to overlay and compare General Plan Land Uses with existing zoning designations at the parcel level. Using the webmap, PlaceWorks will work with City staff to identify 213 of 1111
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inconsistent parcels to be updated through the subsequent Zoning Map amendments in Phase 1 of the Zoning Code Amendments (Task 5.1). It is our understanding that this analysis is expected to identify thousands of parcels in San Mateo where the current zoning district no longer matches the new General Plan designations. PlaceWorks will work with City staff to discuss any of the parcels identified in the webmap, before City staff responds with recommendations of how to resolve inconstancies on each of the parcels. While this analysis will identify inconsistencies, we recognize that rezoning can be a sensitive issue for residents and property owners and we anticipate close collaboration with staff to determine the smoothest process for notifying residents and explaining these changes.

2.3 Text Consistency Analysis/Comparison Table
PlaceWorks will prepare a table of comparisons, outlining the necessary Zoning Code updates needed to meet Transit-Oriented Communities (TOC) Policy requirements for density, housing affordability (if any), parking, station access, and circulation. This scope assumes that Metropolitan Transportation Commission’s (MTC’s) TOC policy will be substantially similar to the version in place as of April 2025. To remain consistent with General Plan 2040 and cover the Zoning Code updates with an addendum as described in Task 4, this scope also assumes that any identified policy changes for MTC TOC consistency that might trigger a General Plan Amendment would be addressed through a separate process.

2.4 Consistency Analysis of Other City Plans
PlaceWorks will review and assess other adopted plans and policies against the adopted Strive 2040 General Plan. The adopted plans and policies the PlaceWorks team will review include:
• Bay Meadows Specific Plan and Amendments (Phases
I and II)
• Detroit Drive Specific Plan
• El Camino Real Master Plan
• Hillsdale Station Area Plan
• Mariner’s Island Specific Plan
• Multifamily and Residential Mixed-Use Objective
Design Standards
• San Mateo Rail Corridor Transit-Oriented
Development Plan
• Shoreline Specific Plan
• City Charter
For each plan, PlaceWorks will prepare a high-level review of the major plan components, examples of plan provisions that conflict with General Plan 2040, and big-picture recommendations for addressing inconsistencies, whether through amendments to the other plan or policy, and/or retiring the other plan or policy, if appropriate. The process to complete amendments is addressed in Task 7.3.

2.5 Draft Framework Outline
Based on input received through the previous tasks, PlaceWorks will prepare a draft framework outline that identifies the structure of the code, revisions to the existing code and new provisions to be added. Sections anticipated to be focused on in the framework outline include development standards, inclusionary housing requirements, and off-street parking regulations. The overall approach to identifying where change is needed will be guided by better addressing equity, affordable housing, mobility, community assets, infrastructure, resilience and climate adaptation. We will also prepare a template to illustrate the intended format and style of the zoning code. As part of this task, we will ensure that the code is set up to be easily accessible, interactive, and searchable. After staff review, PlaceWorks will discuss with staff any needed changes.

2.6 Project Phasing Plan
PlaceWorks will draft a Phasing Plan to submit to City staff for review. The plan will consider the desired project schedule along with the importance of moving certain amendments forward on an earlier schedule, and the need to 214 of 1111
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gain community support and buy in on the different components of the zoning code update. The following things will be considered during development of the Phasing Plan:
• The Zoning Map amendments phasing should facilitate community and property owner awareness while also supporting development proposals that are ready to move forward with entitlement. • The establishment of zoning districts for land use designations that do not currently have an associated district should be prioritized.
• The processing of zoning code amendments and Zoning Map amendments should be managed concurrently.

Following City staff review of the Draft Phasing Plan, PlaceWorks will prepare a Final Phasing Plan based on City staff comments.

Deliverables:
» Draft and final framework outline and recommended approach documents (electronic). » Draft and Final Phasing Plan (electronic).

Task 3. Community Outreach and Engagement
In addition to the engagement activities described in this task, Planning Commission and City Council study sessions detailed under Task 5.9 will be important sources of input for the project.

3.1 Community Outreach and Engagement Plan
As an initial phase of this task, PlaceWorks will use input from the kick-off meeting to develop a Public Engagement Plan for the project. The Public Engagement Plan will provide goals, methods of engagement, and an anticipated schedule for outreach components. Keeping in mind the City’s goal to complete this project expeditiously, preliminary recommendations for engagement efforts include:
• Two in-person and two virtual community workshops or open house events • Up to 12 stakeholder group meetings
• Focused online surveys to informed stakeholders and frequent code users Each of these components is described in more detail in the following subtasks and may be refined or revised following the kick-off meeting.

3.2 Community Engagement Materials and Online Surveys
In support of the community engagement, PlaceWorks will prepare the following outreach materials:
• Citywide Mailer. PlaceWorks will prepare a citywide mailer to inform stakeholders about the project, provide a link to the project website, and publish initial outreach dates as available. This scope of work assumes the City will be responsible for the mailer printing and postage.
• Flyers. PlaceWorks will prepare up to four project flyers. • Online Surveys. PlaceWorks will prepare up to four online surveys to seek feedback from frequent zoning code users to get input on targeted issues the update will tackle. • Project Mailing List Emails. PlaceWorks will prepare emails to announce upcoming outreach opportunities and public meetings and other key project milestones.
• Social Media Posts. PlaceWorks will prepare social media posts for the City to share to update the public about the project.

All materials will be prepared in English. PlaceWorks will work with the City to determine if some or all of the outreach materials should be translated into Spanish.
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3.3 Stakeholder Meetings
PlaceWorks will work with City staff to identify appropriate stakeholders, such as developers, real estate brokers, architects, business owners, community groups, government agencies, and property owners, to participate in the zoning code update process. We propose up to 12 small-group meetings with invited participants to discuss topics such as existing constraints, project feasibility and marketability, potential opportunities, and to review the draft code. PlaceWorks will facilitate the stakeholder meetings and will provide support through the preparation of emailed invitation language, meeting agendas, and discussion questions for City review. PlaceWorks will coordinate with the City to determine if these meetings will be conducted in person or virtually. We assume that the City will be responsible for inviting stakeholders to the meetings and managing RSVPs.

3.4 Community Meetings
PlaceWorks will facilitate two virtual and two in-person community meetings in the form of an open house or workshop that will be held at key points of the planning process. Potential engagement points include introducing the project and receiving community feedback on zoning concerns and asking for feedback on the Phase 1 and Phase 2 Public Review Draft Zoning Code Amendments. For each community meeting, PlaceWorks will prepare draft and final materials, including a meeting agenda, sign-in sheet, presentation, open house boards and/or workshop activity, comment cards, and handouts as needed. We assume up to three PlaceWorks staff, including one bilingual staff member, for each community meeting with additional staffing and interpretation provided by the City.

3.5 Community Outreach and Engagement Summary
PlaceWorks will prepare an engagement summary that recaps all engagement efforts throughout the project. The summary will also document key themes and issues that we heard from the community, identify how the project responded to community input, and include raw data from outreach events.

Deliverables:
» Draft and Final Public Engagement Plan
» Citywide Mailer
» Flyers (4)
» Online Survey (4)
» Project Emails
» Social Media Posts
» Community Outreach and Engagement Summary
Task 4. Environmental Document (CEQA)
PlaceWorks will prepare an addendum to the Strive San Mateo General Plan 2040 EIR, herein referred to as the General Plan EIR” to evaluate the zoning code update. This proposed approach to prepare an addendum to the certified General Plan EIR is based on the presumption that the proposed zoning code update will be within the scope of and consistent with the adopted General Plan and would therefore not create any new or worsened impacts than those identified in the General Plan EIR. PlaceWorks recommends an addendum, rather than a tiered mitigated negative declaration, because an addendum is a more legally defensible CEQA document. The addendum process does not involve a scoping or response to comments process. Additionally, because the zoning code update is presumed to be consistent with the adopted General Plan, technical analysis is not required.

4.1 Initiate CEQA Process – Phase 1
PlaceWorks’ CEQA Lead, Alexis Mena, will participate in a virtual meeting with PlaceWorks’ zoning team and City staff to kick off the CEQA phase of the project. The meeting focus will be to familiarize the CEQA team with the contents of the zoning code update, and to discuss the next steps and timeline for preparing the addendum. 216 of 1111
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4.2 Project Description – Phase 1
Following the CEQA kick-off meeting, PlaceWorks will prepare a draft project description of the proposed zoning code update. PlaceWorks will provide a revised project description based on City comments as part of the Administrative Draft Addendum described in Task 4.3.

4.3 Administrative Draft Addendum – Phase 1
PlaceWorks will prepare an addendum to the certified General Plan EIR. The addendum will include qualitative discussions for each of the CEQA-required topical areas, referencing the conclusions in the General Plan EIR, wherever possible, for the conclusions in the addendum. A contract modification would be required for any new modeling or major quantitative analysis. PlaceWorks will submit the Administrative Draft Addendum electronically (in Word) for City review and comment.

4.4 Screencheck Draft Addendum – Phase 1
Using one set of consolidated comments from City staff on the Administrative Draft Addendum, PlaceWorks will prepare a Screencheck Draft Addendum.

4.5 Final Addendum – Phase 1
Using one set of consolidated comments from the City on the Screencheck Draft Addendum, PlaceWorks will prepare the Final Addendum. This task assumes that comments received on the Screencheck Draft Addendum will be minimal and require minor textual edits or revision. This scope of work also assumes that the Final Addendum will be posted online for public review but that a response to comments process will not be required. Therefore, this scope of work does not include any responses to comments that the City may receive on the addendum. However, we are available to prepare responses to comments and addendum revisions, if requested, for an additional cost.

4.6 Notice of Determination – Phase 1
Following the approval of the addendum and within five days of approval of the zoning code update, PlaceWorks will prepare a Notice of Determination (NOD) for submittal to the County Clerk. PlaceWorks will submit the NOD to the Governor’s Office of Land Use and Climate Innovation’s State Clearinghouse. City staff will submit the NOD to the County Clerk, pay all applicable filing fees at the time of posting, and post on the City’s website. The budget does not include payment of any filing fees.

4.7 Initiate CEQA Process – Phase 2
PlaceWorks’ CEQA Lead, Alexis Mena, will participate in a virtual meeting with PlaceWorks’ zoning team and City staff to kick off the CEQA phase of the project. The meeting focus will be to familiarize the CEQA team with the contents of the zoning code update, and to discuss the next steps and timeline for preparing the addendum.

4.8 Project Description – Phase 2
Following the CEQA kick-off meeting, PlaceWorks will prepare a draft project description of the proposed zoning code update. PlaceWorks will provide a revised project description based on City comments on the draft project description as part of the Administrative Draft Addendum described in Task 4.9.

4.9 Administrative Draft Addendum – Phase 2
PlaceWorks will prepare an addendum to the certified General Plan EIR. The addendum will include qualitative discussions for each of the CEQA-required topical areas, referencing the conclusions in the General Plan EIR, wherever possible, for the conclusions in the addendum. A contract modification would be required for any new modeling or major quantitative analysis. PlaceWorks will submit the Administrative Draft Addendum electronically (in Word) for City review and comment.
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4.10 Screencheck Draft Addendum – Phase 2
Using one set of consolidated comments from City staff on the Administrative Draft Addendum, PlaceWorks will prepare a Screencheck Draft Addendum.

4.11 Final Addendum – Phase 2
Using one set of consolidated comments from the City on the Screencheck Draft Addendum, PlaceWorks will prepare the Final Addendum. This task assumes that comments received on the Screencheck Draft Addendum will be minimal and require minor textual edits or revision. This scope of work also assumes that the Final Addendum will be posted online for public review but that a response to comments process will not be required. Therefore, this scope of work does not include any responses to comments that the City may receive on the addendum. However, we are available to prepare responses to comments and addendum revisions, if requested, for an additional cost.

4.12 Notice of Determination – Phase 2
Following approval of the addendum and within five days of approval of the zoning code update, PlaceWorks will prepare an NOD for submittal to the County Clerk. PlaceWorks will submit the NOD to the Governor’s Office of Land Use and Climate Innovation’s State Clearinghouse. City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting and post the NOD on the City’s website. The budget does not include payment of any filing fees.

Deliverables:
» Draft notices for the public and for government agencies as needed for both phases » Draft project description (Word) – one for Phase 1 and one for Phase 2 » Administrative Draft Addendum (Word) – one for Phase 1 and one for Phase 2 » Screencheck Draft Addendum (Word and PDF) – one for Phase 1 and one for Phase 2 » Final Addendum (PDF) – one for Phase 1 and one for Phase 2 » Notice of Determination (PDF) – one for Phase 1 and one for Phase 2 Task 5. Updates to Zoning Code, Zoning Map, and Related Municipal Codes PlaceWorks proposes two phases to complete the zoning code update, with the first phase addressing most critical pieces of the update that need to be codified earlier. Phase 2 will address the remaining amendments. This approach is intended to meet City goals of adopting some amendments earlier in the process while aiming to keep the overall schedule close to two years from initiation to adoption of the Phase 2 zoning amendments. In both phases, the zoning code updates will emphasize user-friendliness for both staff and applicants, adding illustrations, tables, and matrices to clarify and simplify requirements and processes.

5.1 Phase 1 Administrative Draft Zoning Code Amendments PlaceWorks will prepare the first phase of the Administrative Draft Zoning Code Amendments for internal review and comment by City staff. Phase 1 will include:
• Updates to the zoning map for consistency with the Strive 2040 General Plan land use map and land use designations • Adding, consolidating, removing, or modifying zoning districts, including for alignment with the General Plan • Translating stories into building-height limits to align with the General Plan • Definitions that accompany sections updated for Phase 1 Before preparing Phase 1 of the Administrative Draft, PlaceWorks will consult with City staff to determine the appropriate file format(s) and preferred tracking procedures to ensure ease of internal use and review. It is assumed that the City will provide a single, consolidated set of comments following the review. 218 of 1111
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5.2 Phase 1 Public Review Draft Zoning Code Amendments
Following receipt of consolidated City staff comments, PlaceWorks will prepare a Public Review Draft of the Phase 1 Zoning Code Amendments that is suitable to be published on the City’s website.

5.3 Phase 1 Revised Draft Zoning Code Amendments
Following public review, PlaceWorks will work with City staff to determine edits to make in response to comments received on the Phase 1 public review draft zoning code amendments. PlaceWorks will then make revisions and provide the Phase 1 Revised Draft Zoning Code Amendments to City staff be provided to the Planning Commission and City Council for consideration for adoption. The Phase 1 Revised Draft Zoning Code Amendments will address any typos or errors and will incorporate a summary of edits and responses to comments on the Public Draft from staff, Planning Commission, City Council, and the public.

5.4 Phase 1 Final Zoning Code Amendments
Following Planning Commission and City Council adoption hearings for the Phase 1 zoning code amendments (see Task 6), PlaceWorks will prepare the Phase 1 Final Zoning Code with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the zoning code website (e.g., Municode).

5.5 Phase 2 Administrative Draft Zoning Code Amendments PlaceWorks will prepare the second and final phase of the Administrative Draft Zoning Code Amendments for internal review and comment by City staff. Determination of amendments to be included in the Phase 2 amendments will also occur during earlier tasks in this scope of work and will be detailed in the Phasing Plan in Task 2.6. Phase 2 amendments will include all remaining amendments not addressed during Phase 1 and will be detailed in the Phasing Plan in Task 2.6. They will include, but are not limited to:
• Possibly folding overlay district requirements into base zoning districts • Possibly removing the Bay Meadows Specific Plan zoning district • Revising development standards for each zoning district » Revising development standards in special areas such as Hillsdale Mall, Fashion Island, 25th Avenue, and El Camino Real
» Updating floor-area ratio (FAR) for the C1 and C2 districts » Updating and consolidating FAR for all zoning districts » Updating permitted uses in each zoning district
• Updating parking standards
• Establishing a bird-safe building ordinance
• Establishing a dark sky ordinance
• Updating noise standards
PlaceWorks understands the City is working on other zoning code amendments to be adopted separate from the comprehensive zoning code amendments, including, but not limited to, accessory dwelling unit and SB 9 updates, historic resources, certain parking requirements, and affordable housing requirements. PlaceWorks expects to include those adopted ordinances in the comprehensive zoning code update after they are adopted using the same organization as the comprehensive update template and will update cross-referencing as needed at that time.

5.6 Phase 2 Public Review Draft Zoning Code Amendments
Following receipt of consolidated City staff comments, PlaceWorks will prepare a Public Review Draft of the Phase 2 Zoning Code Amendments that is suitable to be published on the City’s website. 219 of 1111
14 CITY OF SAN MATEO • Comprehensive Zoning Code Update

5.7 Phase 2 Revised Draft Zoning Code Amendments
Following public review, PlaceWorks will work with City staff to determine edits to make in response to comments received on the Phase 2 public review draft zoning code amendments. PlaceWorks will then make revisions and provide the Phase 2 Revised Draft Zoning Code Amendments to City staff to provide to the Planning Commission and City Council for consideration for adoption. The Phase 2 Revised Draft Zoning Code Amendments will address any typos or errors and will incorporate a summary of edits and responses to comments on the Public Draft from staff, Planning Commission, City Council, and the public.

5.8 Phase 2 Final Zoning Code Amendments
Following Planning Commission and City Council adoption hearings for the Phase 2 zoning code amendments (see Task 6), PlaceWorks will prepare the Phase 2 Final Zoning Code with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the Zoning Code website (e.g., Municode).

5.9 Planning Commission and City Council Study Sessions PlaceWorks will work with City staff to prepare for and attend in-person or virtual study sessions with the Planning Commission and City Council at key points in the project. This scope of work assumes up to six total in-person study sessions with either the Planning Commission or City Council with in-person attendance by at least one PlaceWorks team member. If virtual study sessions are determined to be preferable to have a greater number of meetings or attendance by more PlaceWorks staff, the budget under this task could likely accommodate a larger number of meetings. This scope of work assumes that meetings with approval bodies will correspond with project milestones, such as providing an overview of the project and phasing plan after the phasing plan is complete, to gather input on key issues being considered in best practices research and analysis, or at the time of the Phase 1 or Phase 2 Public Review Drafts.

Deliverables:
» Administrative Draft Phase 1 Zoning Code
Amendments
» Administrative Draft Phase 2 Zoning Code
Amendments
» Public Review Draft Phase 1 Zoning Code
Amendments
» Public Review Draft Phase 2 Zoning Code
Amendments
» Revised Draft Phase 1 Zoning Code Amendments
» Revised Draft Phase 2 Zoning Code Amendments
» Final Phase 1 Zoning Code Amendments
» Final Phase 2 Zoning Code Amendments
» Attendance at and draft agenda reports and
PowerPoint presentations for up to six total
Planning Commission and/or City Council meetings
Task 6. Zoning Code Amendment Adoption Hearings

6.1 Phase 1 Zoning Code Adoption Hearing Materials
PlaceWorks will support City staff with packaging and processing the Phase 1 Zoning Code and Map Amendments.

PlaceWorks will prepare necessary materials for the Planning Commission and City Council, including draft hearing notices, draft agenda reports, resolutions, ordinances, presentations, and attachments as needed.

6.2 Phase 1 Zoning Code Adoption Hearings Attendance - Planning Commission and City Council
The PlaceWorks team will attend up to two in-person public hearings each with the Planning Commission and City Council at the time of Phase 1 Zoning Amendments adoption, with in-person attendance by at least one PlaceWorks team member. Additional hearings may be added to the scope and reflected in any necessary budget augments at the request of City staff.

Following Phase 1 Zoning Amendments approval, PlaceWorks will file the NOD, as described in Task 4.6. 220 of 1111
Proposal for Services • PLACEWORKS 15

6.3 Phase 2 Zoning Code Adoption Hearing Materials
PlaceWorks will support City staff with packaging and processing the Phase 2 Zoning Code and Map Amendments.

PlaceWorks will prepare necessary materials for the Planning Commission and City Council, including draft hearing notices, draft agenda reports, resolutions, ordinances, presentations, and attachments as needed.

6.4 Phase 2 Zoning Code Adoption Hearings Attendance - Planning Commission and City Council
The PlaceWorks team will attend up to two in-person public hearings each with the Planning Commission and City Council at the time of Phase 2 Zoning Amendments adoption, with in-person attendance by at least one PlaceWorks team member. Additional hearings may be added to the scope and reflected in any necessary budget augments at the request of City staff.

Following Phase 2 Zoning Amendments approval, PlaceWorks will file the NOD, as described in Task 4.12.

Deliverables:
» Attendance at and draft agenda reports, resolutions, ordinances, and PowerPoint presentations for up to four Planning Commission and four City Council meetings
Task 7. Implementation Plan

7.1 Draft Implementation Plan
Following adoption of all Zoning Code Amendments and the updated Zoning Map, PlaceWorks will draft an Implementation Plan to assist the public and City staff in understanding the key changes to format, style, and procedures in the updated Title 27. The implementation plan will be a concise document that uses graphics and other tools as applicable to make it user friendly. The plan could include some handouts or brochures to illustrate key sections of the zoning code update. This scope of work assumes permit checklist and applications will not be part of the Implementation Plan.

7.2 Final Implementation Plan
After receiving City staff comments on the Draft Implementation Plan, PlaceWorks will prepare a Final Implementation Plan.

7.3 Specific Plan Updates (optional task)
As an optional task, PlaceWorks can build on the high-level evaluation of other plans in Task 2.4 to prepare a more detailed, line-by-line review of individual plan provisions and recommend detailed plan amendments for General Plan consistency. As noted in the Q and A, we assume that any amendments to these plans would happen through a separate process.

7.4 Staff Training
PlaceWorks will attend a training course with City staff to present the Final Implementation Plan and answer questions from staff on the updates to Title 27. It is anticipated the staff attending the training will be those who work at the counter and use the Zoning Code most frequently.

Deliverables:
» Draft Implementation Plan (electronic PDF format)
» Final Implementation Plan (electronic PDF format)
» Optional: detailed evaluation of some or all other plans and recommended amendments » PowerPoint presentation and agenda for staff training 221 of 1111
16 CITY OF SAN MATEO • Comprehensive Zoning Code Update Schedule
PlaceWorks’ proposed schedule for completion of the San Mateo Comprehensive Zoning Code Update is shown in Figure 1. As shown in the schedule, we anticipate that the project can be completed by September 2027.

PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the San Mateo Comprehensive Zoning Code Update, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times:
• We maintain an up-to-date schedule throughout the project, to ensure that all team members are aware of upcoming meetings and product due dates.
• We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. • We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports.
• We limit subconsultants’ payments to specific milestones to ensure that progress on the project is commensurate with billings.
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Proposal for Services • PLACEWORKS 17
Figure 1 Proposed Schedule
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18 CITY OF SAN MATEO • Comprehensive Zoning Code Update

7. REFERENCES
The following is a list of references for PlaceWorks and more will be provided on request. We encourage the City to contact each and every one of these references to gain an idea of our history of work. Project descriptions are available in Chapter 3, Qualifications.

Project Client Contact
Title 17 Zoning Code Comprehensive Update and
Accessory Dwelling Unit Ordinance

TUOLUMNE COUNTY
Quincy Yaley, Community Development Department Director 209.533.5961 | [email protected]
SB 2 Zoning Ordinance Update and General Plan Update

CITY OF SOLEDAD
Megan Hunter, City Manager
909.774.4201 | [email protected]
Zoning Code Update

CONTRA COSTA COUNTY
Will Nelson, Senior Planner
925.674.7791 | [email protected]

8. MODIFICATIONS AND TASK BREAKDOWN
Modifications
We are not proposing any major modifications to the City’s Scope of Services.

Task Breakdown
Most tasks included in the scope of work will be led by PlaceWorks. The table below details instances where City staff would perform certain tasks. For all tasks, PlaceWorks will prepare Administrative Draft content. City staff will review Administrative Draft content and provide a single set of internally reconciled comments and clear direction.

PlaceWorks will be responsible for revising and finalizing documents for publication.

Task Notes

1. Project Administration and Management Prepare for and attend weekly and progress meetings.

2. Zoning Code Assessment – Research,
Analysis, and Phasing Plan
Provide direction on research topics and decisions on phasing.

3. Community Outreach and Engagement

3.2 Community Engagement Materials
and Online Surveys

3.3 Stakeholder Meetings

3.4 Community Meetings
• Citywide Mailer. City will be responsible for citywide mailer printing, postage, and mailing.
• Social Media Posts. PlaceWorks will prepare social media posts; City will share to update the public about the project.
• City will identify and communicate with stakeholders, find meeting locations, and manage RSVPs.
• PlaceWorks will provide up to three staff for each community meeting, City will provide additional staffing.

4. Environmental Document (CEQA)

4.6 and 4.12 Notice of Determination
(Phase 1 and Phase 2)
City staff will submit the NOD to the County Clerk, pay all applicable filing fees at the time of posting, and post on the City’s website. The budget does not include payment of any filing fees.
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Proposal for Services • PLACEWORKS 19
Task Notes

5. Updates to Zoning Code, Zoning Map, and
Related Municipal Codes

5.4 and 5.8 Final Zoning Code
Amendments (Phase 1 and Phase 2)

5.5 Phase 2 Administrative Draft
Zoning Code Amendments

5.9 Planning Commission and City
Council Study Sessions
• City will be responsible for updating the City’s online zoning code website
• City will complete other code amendments to be adopted separately from the comprehensive zoning code update. PlaceWorks expects to add those ordinances into the comprehensive zoning code update after they are adopted using the same organization as the comprehensive update template and will update cross-referencing as needed at that time.
• PlaceWorks will support preparation of agenda report content and presentations. PlaceWorks will attend PC/CC meetings and share responsibility with staff for presenting and responding to questions.

6. Zoning Code Amendment Adoption Hearings PlaceWorks will support preparation of agenda report content and presentations. PlaceWorks will attend PC/CC meetings and share responsibility with staff for presenting and responding to questions.

7. Implementation Plan City to provide information and direction on City procedures, staff roles, and training needs.

9. BUDGET
As shown in Table 2, the estimated cost to complete the scope of work described in this proposal is $874,613.

PlaceWorks recommends planning for a 5 to 10 percent contingency fund to cover any unforeseen out-of-scope work that might be necessary for the project.

We are flexible regarding project costs and hope that you will not eliminate us from consideration based on cost alone.

The billing rates for each team member are included in Table 2.

PlaceWorks bills for its work on a time-and-materials basis with monthly invoices. 225 of 1111
Proposal for Services • PLACEWORKS 20
Table 2 Cost Estimate Assumptions
This scope of work and cost estimate assumes that:
• Our cost estimate includes the meetings shown in Chapter 6.

Additional meetings would be billed on a time-and-materials basis.
• All products will be submitted to the City in electronic (PDF) format, except for printed copies that are specifically identified in Table 2. This is an allowance only, based on the numbers of products and copies shown in Chapter 4. If this allowance is exceeded, additional printing costs will be billed at PlaceWorks’ actual cost.
• City staff will be responsible for meeting logistics, including schedule coordination, document production, printing
notices, mailing costs, room reservations, room set-up and take-down, and refreshments.

Optional Tasks
Task 7.3, amendments to other Specific Plans, is an optional task. Costs for these tasks are not included in the costs in Table 2 as it is not possible to provide an accurate cost estimate until the potential amendments are identified.

The PlaceWorks Team
City of San Mateo Comprehensive Zoning Code

COST PROPOSAL
Joanna Jansen Carey Stone Amy
Sinsheimer Alexis Mena Lance Park Andrew Davidoff Jose Ayala CEQA Associate Jennifer
Hugoo Zixuan Liu Leo DiPierro Rob Mazur
Title Principal Senior
Associate
Senior
Associate
Associate
Principal
Senior
Associate
Associate Associate Associate Planner Planner GIS Analyst Director of GIS Services
Role: Principal in
Charge
Outreach
Lead
Project ManagerCEQA Lead Technical
Lead
Assistant
Project Manager
Key Staff Key Staff Key Staff Key Staff Graphics Technical Editing
WP/
Clerical
Hourly Rate: $285 $245 $230 $270 $245 $165 $180 $155 $135 $135 $150 $255 $145 $160 $140 TASK 1. Project Administration and Management

1.1 Project Kick-off Meeting 4 4 8 2 4 4 26 $5,700

1.2 Weekly Meetings with City Staff 40 16 100 16 100 52 324 $66,160

1.3 Key Progress Meetings with City Staff 8 8 16 6 12 8 58 $12,600

1.4 Project Website 2 16 32 2 40 2 40 24 60 12 12 242 $43,120

1.5 Ongoing Project Management 16 20 40 8 48 132 $28,740 Task 1. Subtotal 70 64 196 34 0 204 0 2 40 64 0 24 60 12 12 782 $156,320 TASK 2. Zoning Code Assessment - Research, Analysis and Phasing Plan

2.1 Best Practice Research 12 4 40 64 48 48 20 4 4 244 $43,560

2.2 Map Consistency Analysis 12 16 32 16 8 60 10 8 162 $31,130

2.3 Text Consistency Analysis/Comparison Table 12 32 16 16 32 16 32 10 8 4 178 $35,530

2.4 Consistency Analysis of Other City Plans 16 48 12 16 24 24 20 6 8 4 178 $34,570

2.5 Draft Framework Outline 6 24 18 4 6 6 64 $12,450

2.6 Project Phasing Plan 8 4 32 8 2 4 58 $12,790
Task 2. Subtotal 66 104 156 0 0 138 104 0 84 36 112 30 32 0 22 884 $170,030 TASK 3. Community Outreach and Engagement

3.1 Community Outreach and Engagement Plan 4 16 8 16 8 4 4 4 64 $12,400

3.2 Community Engagement Materials and Online Surveys 12 35 10 73 80 4 4 218 $39,140

3.3 Stakeholder Meetings 72 72 72 96 312 $70,560

3.4 Community Meetings 32 40 32 56 40 200 $41,320

3.5 Community Outreach and Engagement Summary 4 8 6 40 4 2 64 $12,000 Task 3. Subtotal 124 171 128 0 0 281 0 0 0 8 0 0 124 12 10 858 $175,420 TASK 4. Environmental Document (CEQA)

4.1 Initiate CEQA Process - Phase 1 1 1 4 6 12 $2,525

4.2 Project Description - Phase 1 1 1 1 8 1 16 2 30 $6,075

4.3 Administrative Draft Addendum - Phase 1 2 1 1 20 4 1 40 6 2 4 81 $16,200

4.4 Screencheck Draft Addendum - Phase 1 1 6 1 12 2 1 23 $4,525

4.5 Final Addendum - Phase 1 1 3 4 2 10 $1,940

4.6 Notice of Determination - Phase 1 1 2 3 $580

4.7 Initiate CEQA Process - Phase 2 4 6 10 $2,010

4.8 Project Description - Phase 2 1 1 1 8 1 16 2 30 $6,075

4.9 Administrative Draft Addendum - Phase 2 2 1 1 20 4 1 40 6 2 4 81 $16,200

4.10 Screencheck Draft Addendum - Phase 2 1 6 1 12 2 1 23 $4,525

4.11 Final Addendum - Phase 2 1 3 4 2 10 $1,940

4.12 Notice of Determination - Phase 2 1 2 3 $580
Task 4. Subtotal 7 4 9 84 8 6 0 160 0 0 0 20 0 4 14 316 $63,175 TASK 5. Updates to Zoning Code, Zoning Map, and Related Municipal Codes

5.1 Phase 1 Administrative Draft Zoning Code Amendments 12 6 36 26 20 10 8 8 2 16 12 24 180 $32,800

5.2 Phase 1 Public Review Draft Zoning Code Amendments 6 3 22 22 12 8 6 4 8 4 6 101 $18,425

5.3 Phase 1 Revised Draft Zoning Code Amendments 6 3 22 20 16 8 4 2 4 2 3 90 $16,925

5.4 Phase 1 Final Zoning Code Amendments 4 2 10 18 8 6 4 4 3 1 4 64 $11,445

5.5 Phase 2 Administrative Draft Zoning Code Amendments 18 12 50 56 32 20 16 8 32 24 48 316 $55,830

5.6 Phase 2 Public Review Draft Zoning Code Amendments 12 8 44 44 24 16 12 8 16 8 12 204 $37,340

5.7 Phase 2 Revised Draft Zoning Code Amendments 8 4 36 40 8 12 8 2 8 4 5 135 $25,080

5.8 Phase 2 Final Zoning Code Amendments 6 3 18 28 12 10 4 4 2 3 1 12 103 $18,640

5.9 Planning Commission (3) and City Council Study Sessions (3) 20 4 40 12 8 20 8 2 114 $23,240 Task 5. Subtotal 92 45 278 0 0 266 132 8 90 82 40 4 98 56 116 1307 $239,725 TASK 6. Zoning Code Amendment Adoption Hearings

6.1 Phase 1 Zoning Code Adoption Hearing Materials 8 14 4 6 2 34 $4,960

6.2 Phase 1 Zoning Code Adoption Hearing Attendance - PC (2) and CC (2) 3 16 28 6 53 $12,145

6.3 Phase 2 Zoning Code Adoption Hearing Materials 8 12 2 2 1 25 $3,670

6.4 Phase 2 Zoning Code Adoption Hearing Attendance - PC (2) and CC(2) 3 16 28 6 53 $12,145 Task 6. Subtotal 6 32 56 0 0 16 0 12 0 26 6 0 8 0 3 165 $32,920 TASK 7. Implementation Plan

7.1 Draft Implementation Plan 6 2 12 2 20 20 2 6 70 $12,860

7.2 Final Implementation Plan 2 1 8 12 8 1 4 36 $6,515

7.3 Specific Plan Updates (optional) Cost to be provided separately if City desires 0 $0

7.4 Staff Training 8 8 20 16 52 $11,480
Task 7. Subtotal 16 11 40 2 0 48 0 0 0 0 0 0 28 3 10 158 $30,855 Labor Hours Total 381 431 863 120 8 959 236 182 214 216 158 78 350 87 187 4470 Labor Dollars Total $108,585 $105,595 $198,490 $32,400 $1,960 $158,235 $42,480 $28,210 $28,890 $29,160 $23,700 $19,890 $50,750 $13,920 $26,180 $868,445 PlaceWorks Percent of Total Labor 8.5% 9.6% 19.3% 2.7% 0.2% 21.5% 5.3% 4.1% 4.8% 4.8% 3.5% 1.7% 7.8% 1.9% 4.2% 100.0%

REIMBURSABLE EXPENSES
PlaceWorks Reimbursable Expenses $6,168
EXPENSES TOTAL $6,168
GRAND TOTAL $874,613

PLACEWORKS
TOTAL
TASK
BUDGET
Place- Works
Hours
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City of San Mateo
City Council Meeting

POST PACKET

PUBLIC COMMENT
227 of 1111
From: Jeremy Levine
To: City Council (San Mateo)
Cc: Zachary Dahl; Christina Horrisberger; Alex Khojikian Subject: Public Comment: Agenda Items 15 & 38, Comprehensive Zoning Update + Inclusionary Zoning Update Date: Monday, June 16, 2025 2:21:22 PM
Good afternoon city council members and staff,
HLC appreciates the work staff have done to implement Measure T with a comprehensive zoning update and implement the housing element with updates to the Below Market Rate housing program. We hope both processes will result in a streamlined, modern zoning code that facilitates development allowed by the voter-approved general plan update. Voters supported the general plan update because they want more housing at all levels of affordability, and the city should move as quickly as possible to make that housing easier to build.

To that end, we write with recommendations for changes and additions to Placework's Proposal for Services and the Below Market Rate program update.

Comprehensive Zoning Update
First, the city can reduce costs and potentially speed up the timeline by streamlining community input. To the extent additional community input is necessary after the six-year general plan update, it should focus on user input for the zoning code. Focus groups and targeted surveys, as proposed in the Placeworks RFP response, may help generate useful feedback. However, open houses will not yield new information after the many public meetings that the city already held for the General Plan. Instead, the city should encourage interested residents to attend planning commission and city council hearings.

Bigger picture, in order to most effectively promote housing pursuant to the voter-approved General Plan, both phases of the zoning code update should focus on broadly reducing the full spectrum of constraints to housing. Ideally, this update will streamline the code and make it more user friendly in a variety of ways, not just by modifying Floor Area Ratios or revising development standards in special areas. Cities like Cambride, Massachussetes and Spokane, Washington have recently moved to completely eliminate redundant policies like floor area ratios, which are unnecessary in cities that already regulate height and density.

San Mateo should strive to be similarly innovative. To that end, we recommend adding two additional bullets to the phase 2 scope agreement:

Streamline redundant density controls, including but not limited to Floor Area Ratios, massing requirements, setbacks, minimum lot sizes, minimum unit sizes, and all other development standards
Simplify the zoning code to remove circular references and broaden allowable uses in all districts.

Under today's code, developers in San Mateo regularly use a dozen or more density bonus concessions or waivers to end run around the city's onerous rules. Property owners with less experience simply forego development they might otherwise pursue due to the code's complexity. Emphasizing code simplification will ensure San Mateo's zoning code update results in a better development process--and more homes at all levels of affordability--rather 228 of 1111
229 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: CONSENT CALENDAR Account Number: 26-4662 File ID: 25-9833 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Public Use Easement Dedication Acceptance for Property Located at 200 N. Quebec Street – Adoption RECOMMENDATION:

Adopt a Resolution to accept the grant of public use easement for pedestrian and vehicular parking access along Monte Diablo Avenue for the property located at 200 N. Quebec Street in substantially the form presented.

BACKGROUND:

Guy Fong (herein referred to as the “Applicant”) on November 11, 2023, submitted planning application PA-2023-075 with the Planning Division for a Special Use Permit for property located at 200 N Quebec Street to allow a community service use for a basketball training facility (collectively referred to as “Project”) in the City of San Mateo (“City”). The planning application was entitled under Resolution No. 2 (2025) by the Planning Commission at a regular meeting held on February 25, 2025.

The planning application approval was conditioned upon the dedication of an easement for pedestrian and vehicular parking access along Monte Diablo Avenue. The Project’s public improvements include installation of seven parking stalls and realigning the pedestrian sidewalk access. Four of the seven parking stalls will be dedicated for public use, and the remaining three are reserved for private use to satisfy the Project’s parking requirements. A portion of the proposed parking stalls extends into the Project’s property from the Public Right-of-Way, and the existing sidewalk will be relocated onsite. The total easement to be dedicated contains approximately 1,145 square feet by extending 11.66 ft into the Project property from the Public Right-of-Way along the Monte Diablo Avenue frontage.

BUDGET IMPACT:

All staff costs associated with review and approval of this easement dedication is paid for by the Applicant through permit fees based on the current Master Fee Schedule.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
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CITY OF SAN MATEO

STAFF CONTACT
John Thompson, Assistant Engineer
[email protected]
650-522-7577
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

ACCEPTING THE PUBLIC USE EASEMENT DEDICATION

FOR PEDESTRIAN AND PARKING ACCESS
FOR 200 N. QUEBEC ST, SAN MATEO
WHEREAS, Guy Fong (herein referred to as the “Applicant”) on November 11, 2023, submitted a planning application PA-2023-075 with the Planning Division for a Special Use Permit for property located at 200 N. Quebec Street to allow a community service use for a basketball training facility (collectively referred to as “Project”) in the City of San Mateo (“City”); and
WHEREAS, the planning application was entitled under Resolution No. 2 (2025) by the Planning Commission of the City of San Mateo, California, at a regular meeting held on February 25, 2025. Condition of Approval No. 4 for this project entitlement requires an easement dedication for pedestrian and vehicular parking access along Monte Diablo Avenue; and
WHEREAS, the offsite improvements include installation of seven parking stalls and relocating pedestrian sidewalk access. The total easement to be dedicated contains 1145 square feet, more or less, and will be 11.66 ft into the Project property line from the Public Right-of-Way along Monte Diablo Avenue.

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

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

2. The City Council accepts the dedication of a Public Use Easement and authorizes the City Manager to execute the dedication, in substantially the form attached hereto as Exhibit A. 232 of 1111
Exhibit A
Grant of Pedestrian and Parking Access Easement
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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
DOCUMENT TO:

City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Attn: City Clerk
A.P.N.:033-090-090

GRANT OF PEDESTRIAN AND PARKING ACCESS EASEMENT
The undersigned Grantor declares:

DOCUMENTARY TRANSFER TAX -$0-;
CITY TRANSFER TAX -$0-; and
SURVEY MONUMENT FEE -$0-,
[ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,
[ ] unincorporated area;
[ X ] City of SAN MATEO, and
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, CITISTAR, INC
hereby GRANTS to The City of San Mateo, a municipal corporation, A public use easement for pedestrian and vehicular parking access on, across, and over that certain area of land described and shown on Exhibits “A” and “B” attached hereto and incorporated herein by reference, situated in the City of San Mateo, County of San Mateo, State of California. [Signatures Follow on Next Page]
Space Above This Line for Recorder’s Use Only
2025.05.05
CSG - PC#4
ZB

RECOMMENDED FOR
APPROVAL 234 of 1111
Dated: _____________________________, 2025
CITISTAR, INC.

By:________________________________
Name:______________________________
Title:_______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS

COUNTY OF SAN MATEO )
On ________________________________, before me, _________________________________, Notary Public, personally appeared ______________________________________________________________ _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
_________________________________
My Commission Expires: ___________________ This area for official notarial seal Notary Name:____________________________ Notary Phone:____________________________ Notary Registration Number:________________ County of Principal Place of Business:_________

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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant of Pedestrian and Parking Access Easement dated __________, 2025, from Grantor to the City of San Mateo, a municipal corporation, is hereby accepted by order of its City Council’s Resolution No. ______________, adopted _________________, 2025, and the City of San Mateo consents to the recordation thereof by its duly authorized officer.

CITY OF SAN MATEO,
a municipal corporation
Date: ____________________, 2025 ___________________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS

COUNTY OF SAN MATEO )
On ________________________________, 2025, before me, _________________________________, Notary Public, personally appeared ______________________________________________________________ _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
_________________________________
My Commission Expires: _________________ This area for official notarial seal Notary Name:____________________________ Notary Phone:____________________________ Notary Registration Number:________________ County of Principal Place of Business:_________ 236 of 1111
EXHIBIT “A”

LEGAL DESCRIPTION FOR PEDESTRIAN AND PARKING ACCESS EASEMENT

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN MATEO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

A PEDESTRIAN AND PARKING ACCESS EASEMENT OVER A PORTION OF THE LANDS DESCRIBED IN THE GRANT DEED OF DOC# 2023-015168, RECORDED APRIL 5, 2023, SAN MATEO COUNTY RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHICH BEARS NORTH 48° 38' EAST 126.67 FEET FROM THE SOUTHEASTERLY CORNER OF LOT 11 IN BLOCK 4, AS SAID LOT AND BLOCK ARE SHOWN ON THAT CERTAIN MAP ENTITLED "DORÉ SUBDIVISION SAN MATEO, SAN MATEO COUNTY, CALIF.," FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON SEPTEMBER 23, 1952 IN BOOK 35 OF MAPS AT PAGE 44; THENCE FROM SAID POINT OF BEGINNING, NORTH 48°38'00"EAST A DISTANCE OF 90.00 FEET ALONG THE

SOUTHWESTERLY RIGHT OF WAY LINE OF MONTE DIABLO AVENUE TO THE

NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM CITY OF SAN MATEO TO JOHN H. DORÉ AND KATHLEEN M. DORÉ, HIS WIFE, DATED JANUARY 23, 1952 AND RECORDED ON APRIL 5, 1956 IN BOOK 2998 OF OFFICIAL RECORDS OF SAN MATEO COUNTY AT PAGE 717; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 41°22'00"WEST A DISTANCE OF 11.66 FEET; THENCE SOUTH 48°38'00"WEST A DISTANCE OF 100.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF QUEBEC STREET; THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 41°22'00"EAST A DISTANCE OF 1.66 FEET; THENCE EASTERLY ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 90°00'00" AND AN ARC LENGTH OF 15.71 FEET TO THE POINT OF BEGINNING.

CONTAINING 1145 SQUARE FEET, MORE OR LESS
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART HEREOF

END OF DESCRIPTION

PREPARED BY ME OR UNDER THE DIRECTION OF
LOUIS WADE HAMMOND PLS 6163 4-18-2025
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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: 10-4662 File ID: 25-9969 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Humboldt Street Paving with the City of Burlingame – Cost Sharing Agreement RECOMMENDATION:

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

BACKGROUND:

Both the City of San Mateo and the City of Burlingame administer pavement management programs and construct annual pavement rehabilitation projects. The City of Burlingame has selected North Humboldt Street, between Peninsula Avenue and Amphlett Boulevard, as part of its 2025 Street Resurfacing Project. The city limit between the two cities lies within the center of the roadway in this portion of Humboldt Street. This joint effort aligns with both cities’ goals to leverage resources, promote regional cooperation, and improve infrastructure in a fiscally responsible manner.

This Cost Sharing Agreement will provide the City of Burlingame funds to include the City of San Mateo’s portion of Humboldt Street for pavement rehabilitation as part of their 2025 street resurfacing project. The agreement proposes that the City of Burlingame will serve as the lead agency for project delivery, including design, bidding, construction management, and inspection. The estimated fiscal obligation for the City of San Mateo is $150,000. This amount will be funded from the Citywide Street Rehabilitation Program budget.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Program (469997) to fund this agreement.

ENVIRONMENTAL DETERMINATION:

Approval of this Cost Sharing Agreement is categorically exempt from CEQA, because the underlying project within the City of San Mateo consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
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CITY OF SAN MATEO

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
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Cost Share Agreement –Humboldt Street Paving

COST SHARING AGREEMENT FOR PAVING OF HUMBOLDT STREET IN

CONJUNCTION WITH THE BURLINGAME
2025 STREET RESURFACING PROJECT

BETWEEN THE CITY OF BURLINGAME,
AND

THE CITY OF SAN MATEO
This Cost Sharing Agreement for paving of Humboldt Street in conjunction with the Burlingame 2025 Street Resurfacing Project, Project No. 86970 (“Agreement”) entered into by and among the CITY OF BURLINGAME, a municipal corporation in the County of San Mateo, State of California, hereinafter called “Burlingame”, and the CITY OF SAN MATEO, a municipal corporation in the County of San Mateo, State of California, hereinafter called “San Mateo” (each a “Party” and collectively the “Parties”), and is made effective as of _________________, 2025 and is based on the following:

R E C I T A L S:

WHEREAS, the Parties desire to enter into an agreement to provide for the allocation of costs for construction and construction management of the application of a street resurfacing on Humboldt Street (between Rollins Road and Peninsula Avenue) in conjunction with the City of Burlingame’s 2025 Street Resurfacing Project, Project No. 86970 (“Project”), as further described below, including staff costs, and to establish the roles and responsibilities of the parties for completion of construction and construction management, and to enter into this Agreement to establish those obligations; and, WHEREAS, certain elements incorporated into the Project may provide benefit to only certain parties to this Agreement and each Party agrees to pay the full costs of elements which are to their sole benefit and to share the cost of those elements that are of mutual benefit; and,
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WHEREAS, the portions of the Project of interest to San Mateo are shown on Exhibit “A”, attached to and incorporated into this Agreement by this reference; and, WHEREAS, a detailed estimate of costs for construction, construction management, and design are shown on Exhibit “B”, attached to and incorporated into this Agreement by this reference.

NOW, THEREFORE, IT IS HEREBY AGREED as follows:

Section 1. Definitions
The following definitions apply to terms used in this Agreement:
“Line-Specific Costs” means the actual cost of materials, labor and all associated incidentals to construct the improvements on Humboldt Street, including the billings of the contractor and any consultants.
“Shared Costs” means the costs of labor and materials that are for the mutual benefit of the Parties including mobilization, storm water control, traffic control, and construction inspection.
“Project Costs” includes all costs incurred by the Lead Agency specifically to implement and complete construction of the Project, including construction contractor costs and consultant construction inspection. In addition, Project Costs include any liability the Lead Agency incurs in prosecuting the Project and any claims adjusting, claims investigation, and costs incurred in defending claims (including reasonable attorney fees) brought by any contractor or third party for damages arising out of the prosecution of the Project. “Lead Agency” means the agency responsible for performance of tasks required to implement and complete construction of the Project, or a portion thereof, on behalf of all 242 of 1111

Cost Share Agreement –Humboldt Street Paving
Parties, including tasks such as obtaining and overseeing construction contractors and professional services. The City of Burlingame shall be the Lead Agency for the Project.

Section 2. City of Burlingame 2025 Street Resurfacing Project Burlingame performs an annual Street Resurfacing Project on various roadways in need of repair or treatment. Humboldt Street (between Rollins Road and Peninsula Avenue) is scheduled for resurfacing during the 2025 Street Resurfacing Project and has been selected for a mill and overlay treatment with pavement section repairs. This portion of Humboldt Street between Rollins Road and Peninsula Avenue is half within the jurisdictional boundary of Burlingame and half within San Mateo. In addition, striping improvements will be made in conformance with Caltrans Standard Specifications and Standard Details.

The improvements are shown on Exhibit “A”, and estimated costs associated with this construction are shown on Exhibit “B”.

Section 3. Party Responsibilities.

A. As Lead Agency, Burlingame will prepare bid documents, conduct the public bidding process, award the contract for the Project, and cause the Project to be constructed, all in compliance with applicable law. Burlingame will be the primary contact with the contractor who is awarded the contract, subject to San Mateo’s right to initiate change orders or other reasonable directives with respect to San Mateo’s line-specific work. To the furthest extent permitted by law, Burlingame shall issue a categorical exemption for the Project pursuant to Public Resources Code § 21000 et seq. and California Code of Regulations, Title 14, Sections 15000 et seq. (collectively, “CEQA”). Burlingame shall include, in its contract with the contractor on the Project, a requirement that the contractor include San Mateo, its officials, officers, employees and agents as additional insureds and indemnify, defend, and hold harmless San Mateo, its officials, officers, employees and agents from any liability, claims, demands, suits or actions which may be made by any person resulting from the Project.
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B. San Mateo shall review the design documents, bid documents and contract to be awarded. Upon opening of the bids, San Mateo may decline to participate in the Project if costs exceed San Mateo’s expectations and may terminate this Agreement, with five business days’ written notice to Burlingame. In the event of termination, San Mateo shall be responsible for its Line-Specific Costs which were incurred prior to termination.

This Agreement is subject to San Mateo obtaining authorization from its City Council for the expenditure shown in Section 4(C) below. San Mateo shall issue any categorical exemption or other CEQA notice which San Mateo may determine to be required for its line-specific work in addition to the categorical exemption noted in Section 3(A).

Section 4. Financial Participation
A. The Burlingame and San Mateo shall each be responsible for the independent funding of its portion of the Project Costs.

B. Each Party shall pay its own Line-Specific Costs, which are estimated in Exhibit B.

In addition, Burlingame and San Mateo shall pay Shared Costs as identified in this Agreement and on Exhibit B. However, Burlingame and San Mateo understand and agree that this is an estimate and total amounts will be unknown until the Project is completed.

It is understood that the total sum to be reimbursed to Burlingame by San Mateo shall be determined from the Project Costs reasonably incurred by Burlingame to construct those certain improvements on behalf of San Mateo that do not exceed the Expenditure Limit approved by San Mateo’s Council.

C. The estimated fiscal obligation for work performed under this Agreement by Burlingame on behalf of San Mateo is $150,000. (“Expenditure Limit”). If San Mateo’s share of the Project Costs exceed the Expenditure Limit due to unforeseen conditions, San Mateo may seek further authorization from its Council for funding. 244 of 1111

Cost Share Agreement –Humboldt Street Paving
D. Either Party may make changes to its own line-specific work, provided that any additional costs incurred shall be solely borne by the Party making the change.

E. No additional work or changes to San Mateo’s scope of work shall be done without prior written authorization from San Mateo.

Section 5. Financial Commitments
A. San Mateo shall pay to Burlingame the amounts calculated in accordance with Section 4 above. Burlingame shall invoice San Mateo monthly for costs incurred during the calendar month preceding the invoice.

B. Fund deposits and payments for costs incurred for the Project shall be made directly and without offset for any other financial obligations of the Parties.

Section 6. Limitations
This Agreement shall not affect the allocation of costs for treatment, capital improvements, or other services under any prior agreement. The Parties shall continue to share costs for those services in accordance with the procedures set forth in prior agreements until they are amended or replaced. Except as modified herein, the terms of previous agreements shall continue in full force and effect.

Section 7. Indemnification
Each Party shall indemnify, defend and hold the other Party, its officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party, its officials, officers, employees, agents, consultants or contractors in the 245 of 1111

Cost Share Agreement –Humboldt Street Paving
performance of the indemnifying Party’s obligations under this Agreement, including the payment of all reasonable attorneys’ fees.

IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, have affixed their hands on the day and year first above written.

BURLINGAME: CITY OF BURLINGAME
501 Primrose Road
Burlingame, CA 94010
__________________________________
Lisa K Goldman
City Manager
ATTEST:
___________________________
Meaghan Hassel-Shearer
City Clerk
APPROVED AS TO FORM:
___________________________
Michael Guina
City Attorney

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Cost Share Agreement –Humboldt Street Paving
SAN MATEO: CITY OF SAN MATEO

San Mateo, CA 94010
__________________________________
Alex Khojikian
City Manager
APPROVED AS TO FORM:
___________________________
Linh Nguyen
Assistant City Attorney
Attachments
Exhibit A – Plan Sheets
Exhibit B – Cost Sharing Allocation
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HUMBOLDT ST ROLLINS ROAD PENINSULA AVE

CITY OF BURLINGAME
2025 STREET RESURFACING

PROGRAM
LEGEND
STREET: Total Length (L.F.): Avg. Width (FT.): Total Area (S.F.): From: To:

TREATMENT:
1,640 28 55,006

2.0" MILL, 2.0" OVERLAY, 6" DIGOUT

HOWARD AVEROLLINS RD

HUMBOLDT ST
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N
0 SCALE IN FEET
30 30 60

CITY OF BURLINGAME
2025 STREET RESURFACING

PROGRAM
LEGEND
STREET: Total Length (L.F.): Avg. Width (FT.): Total Area (S.F.): From: To:

TREATMENT:

HUMBOLDT ST 1,640 28 55,006 ROLLINS ROAD PENINSULA AVE

2.0" MILL, 2.0" OVERLAY, 6" DIGOUT

BAYSWATER AVE

HUMBOLDT ST

PENINSULA AVE

HUMBOLDT ST
249 of 1111
Bid Item Description of Work Unit Price Unit Quantity Total Cost San Mateo Cost 1 Mobilization and Demobilization@ 5% $ 7,807.59 LS 1 $ 7,808 $ 3,904 2 Traffic Control and Construction Signs $ 16,873.54 LS 1 $ 16,874 $ 8,437 3 Water Pollution Prevention Control $ 944.92 LS 1 $ 945 $ 472 4 6" A.C. Digout Repair $ 231.00 Tons 27 $ 6,237 $ 3,119 7 A.C. Overlay $ 140.00 Tons 690 $ 96,600 $ 48,300
8 Cold Plane A.C. $ 110.00 CY 340 $ 37,400 $ 18,700
9 Adjust Manholes & Utility Boxes to Grade $ 1,150.00 Each 2 $ 2,300 $ 1,150 10 Adjust & Replace Water Valve Boxes,
Lampholes, Cleanouts, Monuments, Etc. to
Grade $ 900.00 Each 3 $ 2,700 $ 1,350
11 Fire Hydrant Pavement Markers Blue $ 18.00 Each 2 $ 36 $ 18 12 Thermoplastic - 24" Solid Line $ 18.00 LF 270 $ 4,860 $ 2,430 13 Thermoplastic - 12" Solid Line $ 10.00 LF 96 $ 960 $ 480 17 Thermoplastic Legends and Arrows $ 9.00 SF 128 $ 1,152 $ 576 18 Grind Thermoplastic/Paint and Pavement
Markers $ 809.93 LS 1 $ 810 $ 405
21 Bike Proof Grates $ 1,300.00 Each 4 $ 5,200 $ 2,600
Total Construction Cost $ 183,881 $ 91,940
Estimated Inspection Cost 15% $ 27,582.15 $ 13,791
Estimated Staff Time and Testing 5% $ 9,194.05 $ 4,597
Construction Contingency 15% $ 27,582.15 $ 13,791
Total Project Cost $ 248,000.00 $ 124,000
1 Notes
Estimated Project Costs for Cost Sharing Agreement
Exhibit B
This estimate does not include the final total amount. The total amounts will be unknown until the Project is completed. It is understood that the total sum to be reimbursed to Burlingame by San Mateo shall be determined from the actual costs incurred by Burlingame to construct those certain improvements on behalf of San Mateo. 250 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 18 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 25-9972 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Citywide Fire, Life, and Safety Inspection Testing and Maintenance Services — Agreement RECOMMENDATION:

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

BACKGROUND:

In order to meet the latest Fire Safety Code requirements of the National Fire Protection Association (NFPA) standard adopted by the State of California, the City must have certified specialists perform regular inspections along with testing and maintenance of the wet fire sprinklers, fire pumps, and fire alarm systems at the 19 City facilities with systems that require these types of inspection and maintenance.

San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures when it finds doing so is in the best interest of the City. Sourcewell (formerly National Joint Powers Association or NJPA) is a government organization that solicits, receives, and reviews competitive bids for numerous activities, including fire, life, and safety system inspection, testing, and maintenance services. Sourcewell has conducted competitive, public bids to select APi National Service Group, Inc., a parent company of Western States Fire Protection Company, for five (5) years of inspection, testing, and maintenance of City-owned wet fire sprinklers, fire pumps, and fire alarm systems.

The fifth year of the contract will include the five-year recertification testing. Western States Fire Protection Company will perform all the work as an affiliate of APi National Service Group. APi National Service Group, Inc. is affiliated with the State of California General Service Administration (GSA), as well as Sourcewell. Sourcewell and GSA obtain bids for fire suppression system inspection and certification services based on unit cost per square foot. APi National Service Group, Inc. offers the lowest cost per square foot under its contract with Sourcewell. Relying on competitive bidding through Sourcewell allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications and soliciting bids through a project-specific competitive process.

Based on the above, staff recommends adopting a resolution approving an alternative purchasing procedure to award an agreement to APi National Service Group, Inc. for inspection, testing, and maintenance of Citywide fire, life, and safety systems in the amount of $591,375. The agreement will consist of four (4) annual amounts of $112,411 and a fifth-year amount of $141,731. The fifth-year budget amount is greater than the other years in order to perform inspections and tests that were performed during 2024 and are only required every five years. A contingency of $60,000 is requested to address any potential additional inspection, testing, or maintenance needs that may arise through the term of the agreement.
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CITY OF SAN MATEO
BUDGET IMPACT:

Funding for these services is budgeted annually in the Fleet and Building Maintenance Fund. Pending approval and adoption of the Fiscal Year 2025-26 operating budget, sufficient funding will be available to cover the cost of this agreement.

ENVIRONMENTAL DETERMINATION:

Approval of an agreement for inspection, testing, and maintenance of Citywide fire, life, and safety systems is exempt from CEQA review as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Derek Bahamondes, Facilities Maintenance Supervisor
[email protected]
(650) 522-7355
Steve Wu, Facilities and Fleet Services Manager
[email protected]
(650) 522-7345
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD AN AGREEMENT FOR CITYWIDE FIRE,

LIFE, AND SAFETY INSPECTION TESTING AND MAINTENANCE SERVICES TO API NATIONAL SERVICE GROUP, INC.

WHEREAS, the City must have certified specialists perform regular inspections along with testing and maintenance of the wet fire sprinklers, fire pumps, and fire alarm systems at City facilities In order to meet the latest Fire Safety Code requirements of the National Fire Protection Association (NFPA) standard adopted by the State of California; and
WHEREAS, the City owns 19 facilities with systems that require these types of inspection and maintenance; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that it is in the best interest of the City; and WHEREAS, Sourcewell (formerly known as National Joint Powers Association or NJPA) conducted a competitive bidding process and received qualified bids from companies affiliated with the National Fire Sprinkler Association and the International Facility Management Association; and WHEREAS, pursuant to this competitive bidding process, Sourcewell has selected APi National Service Group, Inc. on behalf of member agencies; and
WHEREAS, use of Sourcewell’s selected vendor allows the City to complete required inspections and maintenance efficiently by eliminating the need to develop specifications and eliminating solicitation of bids through a project specific competitive bidding process; and WHEREAS, APi National Service Group, Inc. offers the lowest cost per square foot under its contract with Sourcewell (formerly known as NJPA).

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

1. Approval of an agreement with APi National Service Group, Inc. for inspection, testing, and maintenance of Citywide fire, life, and safety systems is exempt from CEQA review as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

2. Pursuant to San Mateo Municipal Code Section 3.60.070(h)(3), approval of an agreement with APi National Service Group, Inc. using Sourcewell is in the best interest of the City because:
a. Sourcewell is a government organization that solicits, receives, and reviews competitive bids for numerous activities for government and education entities; b. Sourcewell has conducted competitive bidding to receive qualified bids from companies affiliated with the National Fire Sprinkler Association and the International Facility Management Association;
c. Sourcewell has selected Api National Service Group, Inc. on behalf of member agencies; 253 of 1111
d. Using Sourcewell’s competitive bid process allows the City to complete to efficiently complete required inspections and maintenance efficiently by eliminating the need to develop specifications for solicitation while ensuring a competitive price; and e. Api National Service Group, Inc. offers the lowest cost per square foot under its Sourcewell managed contract.

3. A five-year agreement with APi National Service Group, Inc. for Citywide Fire, Life, and Safety Inspection Testing and Maintenance Services in the amount of $591,375 is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form presented.
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Contract for Services with SB854 Page 1 of 18
Rev. 9/22
AGREEMENT WITH API NATIONAL SERVICE GROUP, INC.

FOR INSPECTION, TESTING AND MAINTENANCE SERVICE

FOR CITYWIDE FIRE, LIFE AND SAFETY SYSTEMS
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 APi National Service Group, Inc., a Corporation ("CONTRACTOR"), whose address is 4740 Northgate Blvd., Suite #150, Sacramento, CA 95834.

RECITALS:

A. CITY desires certain fire, life and safety systems inspection, testing and maintenance services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these fire, life and safety systems inspection, testing and maintenance services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to 255 of 1111
Contract for Services with SB854 Page 2 of 18
Rev. 9/22
perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2025 and be completed on June 30, 2030.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in an amount not to exceed $591,375, a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference.

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

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

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. 256 of 1111
Contract for Services with SB854 Page 3 of 18
Rev. 9/22
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

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

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

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. 257 of 1111
Contract for Services with SB854 Page 4 of 18
Rev. 9/22
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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

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

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 258 of 1111
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SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

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

To CITY: Derek Bahamondes, Bldg. Maint. Sup.

City of San Mateo
1961 Pacific Boulevard
San Mateo, CA 94403
To CONTRACTOR: APi National Service Group, Inc.

Attn: Sam Sawtelle
1100 Old Highway 8 NW
New Brighton, MN 55112
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and APi National Service Group, Inc. have executed this Agreement the day and year first above written.

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Date
Attachments:

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

SCOPE OF SERVICES

FIRE SPRINKLER INSPECTIONS
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FIRE ALARM INSPECTIONS
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EXHIBIT B

PAYMENT 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 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.

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

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

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

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

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

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

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 272 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 19 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 25-9973 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Building Access Control System Maintenance – Agreement
RECOMMENDATION:

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

BACKGROUND:

In 2019, the City engaged Edgeworth Integration, LLC, DBA VAS Security Systems, Inc. (Edgeworth) to furnish and install an upgrade to the City-wide building access control system through a Request for Proposal (RFP) process which featured thirteen prospective firms.

The City selected Avigilon as its access control system, a proprietary system that can only be provided and serviced by Edgeworth, who has been responsible for its maintenance since installation in 2020. In May 2025, the City requested a proposal from Edgeworth for general maintenance services over the next five years. This proposal includes hardware and software repairs, onsite and online technical support, and firmware upgrades. Based on comparable maintenance programs for similar equipment across the City, the proposed cost of $120,000 for the five-year period is considered reasonable and fair.

San Mateo Municipal Code Section 3.60.050(b) authorizes the City Council to approve an alternative purchasing procedure when calling for bids is impracticable, unavailing, or impossible. In this case, staff recommends awarding the building access control system maintenance agreement to Edgeworth because they are the only qualified vendor to perform these services on the specific equipment.

BUDGET IMPACT:

Funding for building access control system maintenance is budgeted annually in the Facilities Maintenance operating budget. Pending approval of the Fiscal Year 2025-26 budget, sufficient funding will be available to cover the cost of this agreement.

ENVIRONMENTAL DETERMINATION:

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

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

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Derek Bahamondes, Facilities Maintenance Supervisor
[email protected]
(650) 522-7355
Steve Wu, Facilities and Fleet Services Manager
[email protected]
(650) 522-7345
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD AN AGREEMENT FOR BUILDING ACCESS

CONTROL SYSTEM MAINTENANCE WITH EDGEWORTH INTEGRATION, LLC DBA VAS SECURITY SYSTEMS IN THE AMOUNT OF $120,000
WHEREAS, the City of San Mateo currently operates a building access control system that is proprietary to Edgeworth Integration, LLC DBA Vas Security Systems (Edgeworth); and WHEREAS, the City has contracted with Edgeworth for building access control system maintenance services since 2020 and the term of the current building access control system maintenance services agreement expires on June 30, 2025; and
WHEREAS, in May 2025, staff requested a proposal from Edgeworth; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.050(b) authorizes the City Council to approve an alternative purchasing procedure where calling for bids is impracticable, unavailing, or impossible; and WHEREAS, based on these circumstances, staff recommends award of an agreement to Edgeworth in the amount of $120,000 for building access control system maintenance services.

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

1. Adoption of this resolution approving an alternative purchasing procedure to award an agreement to Edgeworth Integration, LLC DBA Vas Security Systems is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that building access control system maintenance services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

2. In accordance with San Mateo Municipal Code Section 3.60.050(b), calling for bids is impracticable, unavailing, or impossible because the current control system equipment is proprietary and can only be provided and serviced by Edgeworth Integration, LLC DBA Vas Security Systems.

3. The award of a custodial services agreement to Edgeworth Integration, LLC DBA Vas Security Systems in the amount of $120,000, with a contingency reserve in the amount of $12,000, is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form presented and issue change orders within the contingency amount. 275 of 1111

AGREEMENT WITH EDGEWORTH INTEGRATION, LLC DBA VAS SECURITY SYSTEMS

FOR BUILDING ACCESS CONTROL SYSTEM MAINTENANCE SERVICES

FOR THE CITY OF SAN MATEO
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 Edgeworth Integration, LLC DBA VAS Security Systems, Inc., a Limited Liability Company ("CONTRACTOR"), whose address is 1257 Quarry Lane #125, Pleasanton, CA 94566.

RECITALS:

A. CITY desires certain building access control system maintenance services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these building access control system maintenance services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this 276 of 1111
locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2025 and be completed on June 30, 2030.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $120,000, pursuant to rates stated in Exhibit B, attached and incorporated by reference.

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

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

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. 277 of 1111
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

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

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

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. 278 of 1111
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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

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

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 279 of 1111
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY'S request if litigation is brought against CITY in connection with CONTRACTOR'S services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR'S wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR'S standard hourly rates at the time of actual testimony.

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

To CITY: Attn: Derek Bahamondes, Facilities
Maintenance Supervisor
City of San Mateo
1961 Pacific Blvd
San Mateo, CA 94403
To CONTRACTOR: Edgeworth Integration, LLC
Attn: Christopher Rogers
1257 Quarry Lane #125
Pleasanton, CA 94566
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Ken Young
Its Authorized Agent
CEO
Date

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

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

SCOPE OF SERVICES
Scope of Work for Access Control System Maintenance

1. Objective
The primary objective of this maintenance agreement is to ensure all access control systems installed throughout City of San Mateo facilities remain in optimal working condition. This includes routine inspections, prompt repairs, and adherence to all applicable codes and policies. The goal is to safeguard public and employee access, ensure physical security, and maintain operational continuity across all applicable facilities.

2. Buildings Covered
This agreement applies to all City-owned or City-managed buildings requiring access control systems. These include, but are not limited to:
• City Hall
• San Mateo Police Department Headquarters
• Public Works Department Facilities and Warehouses
• Community Centers(e.g., King Center, Martin Luther King Jr. Center) o Martin Luther King Jr. Center
o Beresford Center
o Lakeshore Center
o Shoreview Center
• City Libraries:
o Main Library
o Marina Branch
o Hillsdale Branch
• Satellite and Administrative Facilities
o City-operated office annexes
o Storage and vehicle maintenance yards
Note: The San Mateo Wastewater Facility is explicitly excluded from this scope.

3. System Components Covered
The scope of work includes maintenance, troubleshooting, and replacement services for all hardware and software components that form part of the access control infrastructure. This includes:
• Access Devices
o Card readers (proximity, contactless, or biometric where applicable) o Keypad entry systems(if integrated with access control) • Door Hardware & Controls
o Electrified strikes and magnetic locks
o Door controllers
o Emergency override and egress systems
o Auto-closers (only if integrated into access systems) • Control Infrastructure
o Access control panels
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o Power supplies and backup batteries
o Interface modules and data cables
o Network-based access servers and control software (if under maintenance contract)

4. Services Included

4.1 Preventive Maintenance (Quarterly)
The vendor will perform proactive inspections and testing on a quarterly basis, including but not limited to:
• Comprehensive inspection of all installed access hardware • Testing of entry and exit mechanisms under normal and emergency conditions • Functionality testing of fail-safe and fail-secure mechanisms, particularly on doors serving high-traffic public areas (e.g., libraries, recreation centers) • Documentation of system status and any issues identified, especially at recreation facilities and centers that host children, seniors, or large community gatherings • Clean, calibrate, and adjust devices as needed to maintain performance and longevity

4.2 Corrective Maintenance (As-Needed / On-Call Basis)
• Diagnose issues with malfunctioning equipment reported by City personnel or discovered during inspections
• Notify designated contacts at Edgeworth Integration for quotation and repair scheduling
• Provide labor and replacement quotes at reduced, pre-negotiated service rates • Repairs include, but are not limited to:
o Damaged, non-responsive, or vandalized badge/card readers o Faulty electric door strikes or locking mechanisms
o Access control panel errors, software lockouts, or server issues o Power supplies, wiring failures, or low-voltage component failures

5. Hours of Operation
• Standard Maintenance Hours:

Monday through Friday, 8:00 AM to 5:00 PM (non-holiday business hours) • Emergency Support Availability:
24 hours a day, 7 days a week for access control failures impacting:
o Public-facing facilities (e.g., Libraries, Community Centers) o Safety-critical operations (e.g., Police Department, recreation centers serving youth or seniors)
o Emergency ingress/egress routes or ADA-compliant pathways • Exclusions
The following are excluded from this scope of work unless otherwise agreed upon:
• Maintenance of access systems at the San Mateo Wastewater Facility • Network infrastructure that is not directly related to the access control system (e.g., unrelated servers, routers)
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• Building management systems or HVAC automation systems not connected to or reliant on access control interface
• Upgrades or expansions to access control systems unless included in a separate contract
Edgeworth Integration will provide the quoted equipment, installation, and/or services.

Four trips per year to test all access control equipment; check and replace all panel batteries as needed; check all doors to correct functions; check readers at all locations. 284 of 1111
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EXHIBIT B

PAYMENT 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 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.

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

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

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

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

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

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or 286 of 1111
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provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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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: 20 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 25-9974 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Wastewater Treatment Plant Chemicals — Purchase Contracts Award RECOMMENDATION:

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

BACKGROUND:

The Wastewater Treatment Plant (WWTP) uses chemicals to treat wastewater in accordance with applicable regulatory requirements. The five chemicals addressed in this report are sodium hypochlorite, sodium bisulfite, sodium hydroxide, citric acid, and ferric chloride. The City is a member of the Bay Area Clean Water Agencies’ (BACWA) Bay Area Chemical Consortium (BACC), which conducts a competitive bidding process for its member agencies annually.

In past years, the BACC competitive bidding process resulted in several chemical suppliers being identified as the lowest responsive bidders. This year, the bidding process resulted in Univar Solutions USA LLC (Univar) as the lowest responsive bidder for four of the five chemicals, which include sodium hypochlorite, sodium bisulfite, sodium hydroxide, and citric acid. For the fifth chemical, ferric chloride, Pennco, Inc. was determined to be the lowest responsive bidder. The paragraphs below describe the chemical uses, bidding results, and staff recommended contractor and contract amounts.

The terms of all contracts are 12 months, and the prices are firm for the entire period.

Sodium Hypochlorite
The WWTP utilizes sodium hypochlorite as an oxidizing agent in the disinfection process. Disinfection is a requirement of the National Pollutant Discharge Elimination System (NPDES) permit. This contract is to supply and deliver 400,000 gallons of this product. The BACC bid result for sodium hypochlorite is summarized below:

Contractor Bid Amount (per gallon) Contract Amount Recommendation Univar Solutions USA LLC. $3.32 + 9.625% Tax $1,455,820.00 Staff recommended Olin Corporation $3.35 + 9.625% Tax $1,468,975.00
Sodium Bisulfite
The WWTP utilizes sodium bisulfite as a reducing agent in the dechlorination process prior to discharging effluent to the San Francisco Bay. The dechlorination process is a requirement of the NPDES permit. This contract is to supply and deliver 180,000 gallons of this product. The BACC bid result for sodium bisulfite is summarized below:
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CITY OF SAN MATEO
Contractor Bid Amount (per gallon) Contract Amount Recommendation Univar Solutions USA LLC. $1.445 + 9.625% Tax $285,134.63 Staff recommended Thatcher Company of California, Inc. $2.090 + 9.625% Tax $412,409.25 Sodium Hydroxide
The WWTP utilizes sodium hydroxide to adjust the alkalinity of wastewater in biological nutrient removal and for pH adjustment in the BioActiflo process. This contract provides for supply and delivery of 450 dry tons of this product. The BACC bid result for sodium hydroxide is summarized below:

Contractor Bid Amount (per dry ton) Contract Amount Recommendation Univar Solutions USA LLC. $850.78 + 9.625% Tax $457,985.51 Staff recommended Brenntag Pacific, Inc. $859.92 + 9.625% Tax $462,905.69 Citric Acid
The WWTP utilizes citric acid as a cleaning agent for membrane fouling in the membrane bioreactor process. This contract provides for supply and delivery of 8,000 gallons of this product. The BACC bid result for citric acid is summarized below:

Contractor Bid Amount (per gallon) Contract Amount Recommendation Univar Solutions USA LLC. $6.35 + 9.625% Tax $55,689.50 Staff recommended Northstar Chemical dba Pacific Star
Chemical
$6.50 + 9.625% Tax $57,005.00
Brenntag Pacific, Inc. $8.70 + 9.625% Tax $76,299.00
CHEMRITE, Incorporated $10.01 + 9.625% Tax $87,787.70
Ferric Chloride
The WWTP utilizes ferric chloride for the control of hydrogen sulfide, a flammable gas produced in the anaerobic digestion process. Managing the sulfur content of combusted digester gas is a requirement of the Bay Area Air District permit. This contract includes the supply and delivery of an estimated 300 dry tons of product. The BACC bid result for ferric chloride is summarized below:

Contractor Bid Amount (per dry ton) Contract Amount Recommendation Pencco, Inc. $1,509 + 9.625% Tax $496,272.38 Staff recommended Kemira Water Solutions, Inc. $1,548 + 9.625% Tax $509,098.50 Summary
Contractor Chemical Contract Amount
Sodium Hypochlorite $1,455,820.00
Sodium Bisulfite $285,134.63
Sodium Hydroxide $457,985.51 Univar Solution USA LLC
Citric Acid $55,689.50
Pennco, Inc. Ferric Chloride $496,272.38
TOTALS $2,750,902.02
BUDGET IMPACT:
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CITY OF SAN MATEO
Funding for the supply of chemicals is budgeted annually in the WWTP operating budget. Due to existing fluctuations in chemical needs, which can be weather dependent, as well as the unknown impact on chemical usage with the addition of the new WWTP facility, the quantity of each chemical has been estimated on the high end of the total potential needs anticipated by the designers of the new facility. Staff will monitor chemical usage under these contracts and funding availability and return to Council as needed if additional funding is needed exceeding the available budget.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Univar Purchase Contract for Sodium Hypochlorite Att 2 – BACWA-BACC-Award-Letter-13-2025-Univar
Att 3 – Univar Purchase Contract for Sodium Bisulfite
Att 4 – BACWA-BACC-Award-Letter-11-2025-Univar
Att 5 – Univar Purchase Contract for Sodium Hydroxide
Att 6 - BACWA-BACC-Award-Letter-12-2025-Univar
Att 7 – Univar Purchase Contract for Citric Acid
Att 8 – BACWA-BACC-Award-Letter-05-2025-Univar
Att 9 – Pencco Purchase Contract for Ferric Chloride
Att 10 – BACWA-BACC-Award-Letter-06-2025-Pencco

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
Robert Knox, Wastewater Treatment Plant Operations Superintendent [email protected]
650-522-7376
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PURCHASE CONTRACT

FOR SUPPLY O F SODIUM HYPOCHLORITE

FROM UNIVAR SOLUTIONS USA LLC
JULY 1, 2025 TO JUNE 30, 2026
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), 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, hereinafter referred to as "CITY” , a n d 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 at 8201 S. 212th, 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 not to exceed $1,455,820.00 (One million four hundred fifty-five thousand eight hundred twenty dollars and no cents), priced at $3.32 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. 13-2025, 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.

All of the above-named documents are intended to cooperate, so that any work called for 291 of 1111
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, 2025, and June 30, 2026.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager with 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’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 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 tollf 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 twenty-four (24) hours, unless the CITY requires delivery within twenty-four (24) hours then confirmation must be made within three (3) hours.

In the event SUPPLIER fails to provide the chemicals within twenty-four (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 an 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 cam and groove couplings; 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 293 of 1111
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. Safety Data Sheet. Each bidder must furnish a copy of a completed S.D.S. (Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed S.D.S. form will result in rejection of the bid. The CITY has a preference for the S.D.S. to be submitted in electronic format. The CITY also requires the 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 in cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide, upon demand of the CITY, two (2) 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 aggregate limit 294 of 1111
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. 295 of 1111
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. 297 of 1111

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
Date Matt Fabry
Public Works Director
Date
*If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shallsign below
APPROVED AS TO FORM:

Date Linh P. Nguyen
Assistant City Attorney
Date
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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 17, 2025
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- 2025 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. 13-2025 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, 2025 through June 30, 2026.

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 300 of 1111
Bay Area Clean Water Agencies
Bid Results for Project 13-2025 SODIUM HYPOCHLORITE 12.5% Bid Due on February 20, 2025 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. 3.2900 3.2700 3.2900 3.2500 3.3200 3.4100 3.2900 3.3100 no bid no bid SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5% In
275-gal totes (Optional bid item)
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PURCHASE CONTRACT

FOR SUPPLY OF SODIUM BISULFITE

FROM UNIVAR SOLUTIONS USA LLC
JULY 1, 2025 TO JUNE 30, 2026
THIS PURCHASE 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", and 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 at 8201 S. 212th, Kent, WA 98032, 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 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 t h e work as described: SUPPLY OF UP TO 180,000 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 $285,134.63 (two hundred eighty-five thousand one hundred thirty-four dollars and sixty-three cents), priced at $1.445 per gallon of Sodium Bisulfite 25% solution, 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. 11-2025, 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 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.
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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, 2025, and June 30, 2026.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager with 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, 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.

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 303 of 1111
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 twenty-four (24) hours, unless the CITY requires delivery within twenty-four (24) hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within twenty-four (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 a n 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 cam and groove couplings; 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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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 nonc o n f o r m a n c e . 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. Safety Data Sheet. Each bidder must furnish a copy of a completed S.D.S. (Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed S.D.S. form will result in rejection of the bid. The CITY has a preference for the S.D.S. to be submitted in electronic format. The CITY also requires the 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 in cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide, upon demand of the CITY, two (2) 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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1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including productscompleted 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 selfinsurance 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. 306 of 1111
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, 307 of 1111
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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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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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
Joe Serna
Vice President
Date Matt Fabry
Public Works Director
Date
*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:

Date Linh P. Nguyen
Assistant City Attorney
Date
310 of 1111
311 of 1111
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 17, 2025
Univar Solutions USA LLC.

Attn: Jennifer Perras
8201 S 212
th St.

Kent, WA 98032
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 11-2025 for Supply and Delivery of SODIUM BISULFITE.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA Inc. for Bid No. 11-2025 was determined to be the lowest responsive bid for the supply and delivery of SODIUM BISULFITE during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Univar Solutions USA 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 312 of 1111
Bay Area Clean Water Agencies
Bid Results for Project 11-2025 SODIUM BISULFITE
Bid Due on February 20, 2025 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 Univar Solutions USA LLC. 1.4450 1.4450 1.4450 1.4450 1.4450 1.4450 1.4450 2.8450 5.3450 2.6450 Sodium Bisulfite 25% SODIUM BISULFITE 40% Solution
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PURCHASE CONTRACT

FOR SUPPLY O F SODIUM HYDROXIDE

FROM UNIVAR SOLUTIONS USA LLC
JULY 1, 2025 TO JUNE 30, 2026
THIS PURCHASE 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 ” , a n d 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 at 8201 S. 212th, 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 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 $457,985.51 (four hundred fifty-seven thousand nine hundred eighty-five dollars and fifty-one cents), priced at $850.78 per dry ton of Sodium Hydroxide 25%, and inclusive of 10% import duty and 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 12-2025, Supply and Delivery of Sodium Hydroxide 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.
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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 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, 2025, and June 30, 2026.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager with 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'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 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). 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 tollf 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 confirmation of the CITY's order within twenty-four (24) hours, unless the CITY requires delivery within twenty-four (24) hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within twenty-four (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 an order is placed and confirmation received, 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 will 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 316 of 1111
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. Safety Data Sheet. Each bidder must furnish a copy of a completed S.D.S. (Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed S.D.S. form will result in rejection of the bid. The CITY has a preference for the S.D.S. to be submitted in electronic format. The CITY also requires the 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 in cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide, upon demand of the CITY, two (2) 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 aggregate limit 317 of 1111
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. 318 of 1111
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. 320 of 1111

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
Date Matt Fabry
Public Works Director
Date
*If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shallsign below
APPROVED AS TO FORM:

Date Linh P. Nguyen
Assistant City Attorney
Date

322 of 1111
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 17, 2025
Univar Solutions USA Inc.

Attn: Jennifer Perras
8201 S 212th St.

Kent, WA 98032
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 12-2025 for Supply and Delivery of Sodium Hydroxide 20% Sacramento; Sodium Hydroxide 25% Peninsula, Sacramento, Tri Valley; Sodium Hydroxide 30% North Bay, Sacramento; Sodium Hydroxide 50% East Bay, North Bay, Sacramento, Tri Valley regions.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA Inc. for Bid No. 12- 2025 was determined to be the lowest responsive bid for the supply and delivery of Sodium Hydroxide 20% Sacramento; Sodium Hydroxide 25% Peninsula, Sacramento, Tri Valley; Sodium Hydroxide 30% North Bay, Sacramento; Sodium Hydroxide 50% East Bay, North Bay, Sacramento, Tri Valley regions during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Univar Solutions USA 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 323 of 1111
Bay Area Clean Water Agencies
Bid Results for Project 12-2025 SODIUM HYDROXIDE
Bid Due on February 20, 2025 4:00 PM (PDT)

REGIONAL BID AWARD
Section
Description Marin Sonoma NaSacramento Central Valley
Marin Sonoma
Napa Peninsula Sacramento South Bay Tri Valley
Marin Sonoma
Napa North Bay Sacramento South Bay Central Valley East Bay Marin
Sonoma Napa North Bay Sacramento Tri Valley
Unit of Measure dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton Univar Solutions USA LLC. 1,360.3400 884.9700 1,076.0500 846.8900 850.7800 881.9400 1,120.7300 829.7800 1,360.3400 812.5200 847.4100 n/a 683.8100 685.9500 764.7900 666.4700 720.5100 681.7800 SODIUM HYDROXIDE 20% (Caustic) SODIUM HYDROXIDE 25% (Caustic) SODIUM HYDROXIDE 30% (Caustic) SODIUM HYDROXIDE 50% (Caustic) 324 of 1111

CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F CITRIC ACID FROM

UNIVAR SOLUTIONS USA LLC
JULY 1, 2025 TO JUNE 30, 2026
THIS PURCHASE 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 at 8201 S. 212th, 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 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 not to exceed $55,689.50 (fifty-five thousand six hundred eighty-nine dollars and fifty cents), priced at $6.35 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. 05-2025, 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 325 of 1111
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, 2025, and June 30, 2026.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager with 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'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 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). 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 tollf 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 twenty-four (24) hours, unless the CITY requires delivery within twenty-four (24) hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within twenty-four (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 an 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 327 of 1111
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. Safety Data Sheet. Each bidder must furnish a copy of a completed S.D.S. (Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed S.D.S. form will result in rejection of the bid. The CITY has a preference for the S.D.S. to be submitted in electronic format. The CITY also requires the 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 in cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide, upon demand of the CITY, two (2) 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 aggregate limit 328 of 1111
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. 329 of 1111
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. 331 of 1111

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
Date Matt Fabry
Public Works Director
Date
*If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shallsign below
APPROVED AS TO FORM:

Date Linh P. Nguyen
Assistant City Attorney
Date
333 of 1111
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 17, 2025
Univar Solutions USA LLC
Attn: Jennifer Perras
8201 S 212th St.

Kent, WA 98032
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 05-2025 for Supply and Delivery of CITRIC ACID.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA Inc. for Bid No. 05-2025 was determined to be the lowest responsive bid for the supply and delivery of CITRIC ACID during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Univar Solutions USA 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 334 of 1111
Bay Area Clean Water Agencies
Bid Results for Project 05-2025 CITRIC ACID
Bid Due on February 20, 2025 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 gal lb
Univar Solutions USA LLC. 9.4500 7.7000 6.3500 10.4500 1.2000 CITRIC ACID 48%-52% Liquid
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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F FERRIC CHLORIDE FROM
PENCCO, INC.

JULY 1, 2025 TO JUNE 30, 2026
THIS PURCHASE 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”, PENCCO, INC., a corporation, with offices at 831 Bartlett Road, Sealy, TX 77474, 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 $496,272.38 (four hundred ninety-six thousand two hundred seventy-two dollars and thirty-eight cents), priced at $1509 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. 06-2025, 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 336 of 1111
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, 2025, and June 30, 2026.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager with 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 tollf 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 twenty-four (24) hours, unless the CITY requires delivery within twenty-four (24) hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within twenty-four (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 an 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 338 of 1111
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. Safety Data Sheet. Each bidder must furnish a copy of a completed S.D.S. (Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed S.D.S. form will result in rejection of the bid. The CITY has a preference for the S.D.S. to be submitted in electronic format. The CITY also requires the 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, upon demand of the CITY, two (2) 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 aggregate limit 339 of 1111
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. 340 of 1111
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. 342 of 1111

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
Sarah Duffy
Bid Director
Date Matt Fabry
Public Works Director
Date
*If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shallsign below
APPROVED AS TO FORM:

Jennifer Guajardo
Bid Supervisor
Date Linh P. Nguyen
Assistant City Attorney
Date
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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 17, 2025
Pencco, Inc.

Attn: Sarah Duffy
PO Box 600
San Felipe, TX 77473
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 06-2025 for Supply and Delivery of FERRIC CHLORIDE.

Dear Ms. Duffy,
We are pleased to advise you that the bid submitted by Pencco, Inc. for Bid No. 06-2025, was determined to be the lowest responsive bid for the supply and delivery of FERRIC CHLORIDE during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Pencco, 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 345 of 1111
Bid Results for Project 06-2025 FERRIC CHLORIDE
Bid Due on February 20, 2025 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 Pencco, Inc 1,480.0000 1,400.0000 1,583.0000 1,583.0000 1,509.0000 1,509.0000 1,500.0000 1,500.0000

FERRIC CHLORIDE
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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: 72-4671 File ID: 25-9975 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Wastewater Treatment Plant Biosolids Hauling and Disposal — Contract Change Order RECOMMENDATION:

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

BACKGROUND:

The wastewater treatment process produces biosolids, which are hauled off-site for routine disposal. The Wastewater Treatment Plant (WWTP) estimates 10,000 tons per year of biosolids requires hauling and disposal.

In June 2022, a three-year agreement was executed with Synagro-WWT, Inc. in the amount of $1,824,250 to haul and dispose of the WWTP’s biosolids. The agreement included two optional one-year extensions, which may be executed by the City at its discretion. The agreement was awarded in accordance with Municipal Code section 3.60.030, wherein a competitive public process was used to obtain bids for this service.

Change Order No. 1 was executed in May 2024 to cover increased hauling costs for the second year of the three-year agreement, increasing the agreement by $100,000 for a revised total agreement cost of $1,924,250. Change Order No. 2 was executed in April 2025 to cover increased hauling costs for the third year of the three-year agreement, further increasing the total by $120,000 for a revised total amount of $2,044,250. The WWTP has two digesters; however, Digester No. 2 has been out of commission for repairs, resulting in increased biosolids production. The increase in biosolids production necessitated the execution of Change Orders No. 1 and 2.

Contract Change Order No. 3 will authorize the first one-year extension with the term of the agreement ending on June 30, 2026. Council’s original action in June 2022 included authorizing the two one-year extensions at a cost of $610,000 each.

Per the original agreement, the unit price fees past the original three-year term are subject to escalation based on the rate of the published consumer price index (CPI) for the applicable period. In addition to adjusting for CPI, staff is estimating continued increased biosolids hauling needs as Digester No. 2 will remain out of commission for part of the upcoming fiscal year, resulting in the requested amount of $750,000 being requested for this one-year extension.

Staff recommends approval of Contract Change Order No. 3 in the amount of $750,000 and establishing a contingency of $100,000 to address any increased biosolids production that may occur as the WWTP transitions to commissioning and starting up the new facilities.
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CITY OF SAN MATEO
BUDGET IMPACT:

Funding for biosolids hauling and disposal services are budgeted annually in the Wastewater Treatment Plant Operations operating budget. Pending approval and adoption of the 2025-26 Operating Budget, sufficient funds will be available to fund this change order to extend services through June 30, 2026.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Contract Change Order No. 3

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
Deryk Daquigan, Deputy Director Public Works
[email protected]
650-522-7287
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C:\PGCompilerServiceRelease\temp\sanmateo\MeetingId_1943\Packet\Pdf\33691\11935\1.doc

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER 3
PROJECT: WWTP BIOSOLIDS HAULING AND DISPOSAL
TO: SYNAGRO- WWT, INC.

CONTRACT CHANGE ORDER NO. 3 Page 1 of 1
05/08/25
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
The wastewater treatment process produces biosolids, which are hauled off-site for disposal on a routine basis at a current cost of $78.90 per wet ton.

This CCO is to execute the first term extension of two, one-year extensions for wastewater treatment plant biosolids hauling and disposal for a new end date of 6/30/26. In addition, the unit price per wet ton is adjusted based on the rate of the published consumer priced index, per the agreement; this results in an increase of the agreement amount by $750,000, resulting in a total contract amount not-to-exceed $2,794,250.

Revise SECTION 3.4 TERM OF CONTRACT AND PRICES to change the end date of the term to June 30th, 2026.

Total cost of change not to exceed: $750,000
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

Date Accepted:

Contractor: SYNAGRO- WWT, INC.

By: Emil Kneis
Title: Contracts Manager
DISTRIBUTION: Purchasing Department, Contractor, Construction Inspector, Project Manager/Project Analyst, Project File

STATEMENT OF ACCOUNT
Original Contract Price $1,824,250
Previous Change Orders $220,000
Total to date $2,044,250
This Change Order $750,000
Revised Contract Price $2,794,250
Date Approved:

By:

Matt Fabry, Director of Public Works
NOTE: This change order is not effective until approved by the Director of Public Works.
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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: 72-4671 File ID: 25-9976
TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16th, 2025
SUBJECT:

Integrated Supervisory Control and Data Acquisition System Maintenance and Improvement – Contract Change Order RECOMMENDATION:

Approve Contract Change Order No. 4 to an agreement with Enterprise Automation for upgrading and maintaining the City’s Supervisory Control and Data Acquisition system in an amount not to exceed $125,000, for a revised total contract amount of $475,679; establish a contingency reserve of $20,000; and authorize the Public Works Director to execute the change order in substantially the form presented and execute change orders within the contingency reserve.

BACKGROUND:

The Supervisory Control and Data Acquisition (SCADA) system allows staff to remotely monitor and control equipment at the Wastewater Treatment Plant (WWTP) and sanitary sewer and stormwater pump stations throughout the City’s collection systems. Previously, the WWTP and pump station SCADA systems were standalone but have recently been integrated and updated as part of the Clean Water Program. As a critical system for monitoring operations and receiving alarms, the SCADA system requires ongoing maintenance to ensure proper operation.

In 2017-2019, the Clean Water Program issued a Request for Qualifications to preselect system integrators to perform SCADA and Programmable Logic Controller programming. Enterprise Automation (EA) was one of three preselected system integrators. Pre-authorization familiarizes the vendor with City design standards to allow them to program in the SCADA environment without causing unintended problems or catastrophic system errors.

In October 2023, a $40,804 agreement through June 30, 2024, was executed with EA for the review and improvement of the Marina Lagoon Pump Station, including alarm programming updates to improve the assets after the prior significant rain events. In November 2023, Council approved Contract Change Order No. 1 to increase EA’s scope and fee by $158,352, along with a contingency reserve of $30,000, to evaluate and implement additional functionality improvements to the SCADA system. EA is currently implementing those improvements. Last year, EA created a replica of the City’s SCADA system that is housed on their server system. Having this replica allows for testing of updates and changes in a safe environment prior to deployment thus insulating the City’s SCADA system from unknown or unintended consequences.

Contract Change Order No. 2 extends the term of the Agreement to July 31, 2024. In July 2024, Council approved Contract Change Order No. 3 to increase EA’s scope and fee by $151,523 and extend the contract to continue providing WWTP SCADA system maintenance support for the Fiscal Year 2024-25.

As a critical system for monitoring operations and receiving alarms, the SCADA system requires ongoing maintenance to ensure proper operation. EA is able to continue addressing both the required maintenance and system improvements needed for the integrated SCADA system. Staff recommends approval of Contract Change Order No. 4 to increase the budget by $125,000 and extend EA’s contract to maintain and improve the integrated SCADA system through Fiscal Year 350 of 1111

CITY OF SAN MATEO
2025-26.

BUDGET IMPACT:

Sufficient funds are available in the WWTP, Sewer, Storm, and Dale Avenue Pump Station operating budgets to cover the cost of the agreement.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Contract Change Order No. 4
STAFF CONTACT:

Robert Learmonth, WWTP Manager
[email protected]
650-522-7386
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C:\PGCompilerServiceRelease\temp\sanmateo\MeetingId_1943\Packet\Pdf\33691\11955\1.doc

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER 4
PROJECT: Integrated SCADA System Evaluation and Improvement TO: Enterprise Automation LLC.

CONTRACT CHANGE ORDER NO. 4 Page 1 of _1__
05/08/25
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
This change order will extend Enterprise Automation’s (EA) contract to maintain and improve the integrated Supervisory Control and Data Acquisition System (SCADA). The original contract and scope only covered sewer and stormwater collection systems scope of work. Change Order No. 1 expanded the scope to include an evaluation and implementation of additional functionality improvements to the SCADA system at wastewater treatment plant (WWTP). Change Order No. 2 was a no-cost time extension. Change Order No. 3 extended EA’s scope to continue providing WWTP SCADA system maintenance support for the fiscal year 2024-25.

Change Order No 4 will extend EA’s scope to cover Fiscal Year 2025-26, as follows:

Revise “Section 5 - TERM” of the Agreement as follows: “The services to be performed under this agreement shall commence upon execution of this agreement and be completed on July 31, 2026.” Revise the “Exhibit A Scope of Work” of the Agreement to include “SCADA Support Contract FY 2025/2026”.

Revise the second sentence of “Section 6 - Payment', 6.1a” of the Agreement as follows: "In consideration for the full performance of the services set forth in Exhibit A , customer agrees to pay vendor in an amount up to $475,679 pursuant to fee rates stated in Exhibit A.”
Total cost of change not to exceed: $125,000
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

Date Accepted:

Contractor: Enterprise Automation LLC.

By: Emil Kneis
Title: Contracts Manager
DISTRIBUTION: Purchasing Department, Contractor, Construction Inspector, Project Manager/Project Analyst, Project File

STATEMENT OF ACCOUNT
Original Contract Price $40,804.00
Previous Change Orders $309,875.00
Total to date $350,679.00
This Change Order $125,000.00
Revised Contract Price $475,679.00
Date Approved:

By:

Matt Fabry, Director of Public Works
NOTE: This change order is not effective until approved by the Director of Public Works.
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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: 23 Section Name: CONSENT CALENDAR Account Number: 72-4671- 07-5541
File ID: 25-9977
TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Water Quality Control Plant Supply of Liquid Emulsion Polymer – Contract Award RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and award a contract to SNF Polydyne, Inc. for the supply of liquid emulsion polymer in the amount of $548,973.94; establish a 10 percent contingency reserve in the amount of $54,900; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Wastewater Treatment Plant (WWTP) uses liquid emulsion polymer for the dewatering of biosolids produced during the process of treating wastewater. Polymer is a critical component of the dewatering process. Lowering the water content in biosolids reduces the transportation costs associated with hauling and disposal.

The current supplier, SNF Polydyne, Inc. (SNF Polydyne), has provided proprietary-blended polymers that have been tested and optimized for the WWTP’s biosolids. Staff recommends the continued use of these same polymer blends, Clarifloc WE1273 and WE-1728, from SNF Polydyne, since they have consistently demonstrated superior performance and produce the necessary results needed to maintain operations at the WWTP. The testing of different polymer blends from other chemical vendors would be a time and labor-intensive task which may not produce beneficial results.

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. Therefore, staff recommends the purchase of polymer from SNF Polydyne.

The contract includes the supply and delivery of 264,960 pounds of the chemical product.

Contractor Bid Amount Contract Amount
SNF Polydyne, Inc. $1.89/pound + 9.625% Tax $548,973.94 The unit price bid for SNF Polydyne Inc. is $1.89 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 tariffs, the total cost to the City is approximately $548,973.94.

Since the City’s new wastewater treatment plant will be commissioned and operational during the contract term, a 10 percent, or $54,900, contingency is requested to address any increase in the amount of polymer needed as the new facilities become operational.
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CITY OF SAN MATEO
BUDGET IMPACT:

Funding is budgeted annually for the supply of chemicals in the Wastewater Treatment Plant operating budget.

ENVIRONMENTAL DETERMINATION:

This Council action is not a project subject to CEQA, because the purchase of liquid emulsion polymer to maintain WWTP operations is a continuing maintenance activity involving the purchase of supplies. (CEQA Guidelines Sections 15378(b)(2).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Purchase Contract

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
Robert Knox, Wastewater Treatment Plant Operations Superintendent [email protected]
650-522-7376
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)
APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH SNF POLYDYNE, INC.

FOR THE SUPPLY OF LIQUID EMULSION POLYMER IN THE AMOUNT OF $548,973.94 WHEREAS, the Wastewater Treatment Plant (WWTP) uses liquid emulsion polymer for the dewatering of biosolids; and
WHEREAS, SNF Polydyne, Inc. provides a custom-blended polymer that has been tested and optimized for the WWTP’s biosolids; and
WHEREAS, SNF Polydyne, Inc. is the 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, Inc. for the supply of liquid emulsion polymer.

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 the purchase of liquid emulsion polymer for continuing WWTP processes is a continuing maintenance activity involving the purchase of supplies. (CEQA Guidelines Sections 15378(b)(2).)

2. In accordance with San Mateo Municipal Code Section 3.60.050 (b), calling for bids would be impracticable, unavailing, and impossible because:
a) A custom-blended polymer has been tested and optimized for the WWTP’s biosolids; b) SNF Polydyne, Inc. 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, Inc., for the supply of liquid emulsion polymer, in an amount not to exceed $548,973.94, with a contingency reserve in the amount of $54,900, 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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PURCHASE CONTRACT

FOR SUPPLY OF POLYMER FROM SNF
POLYDYNE, INC.

JULY 1, 2025 TO JUNE 30, 2026
THIS PURCHASE 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", SNF SNF P O L Y D Y N E , I N C . , a corporation, with offices at One 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 264,960 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 $548,973.94 (five hundred forty-eight thousand nine hundred seventy-three dollars and ninety-four cents), priced at $1.89 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 356 of 1111
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, 2025 and June 30, 2026.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager with 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'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 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 tollf 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 twenty-four (24) hours, unless the CITY requires delivery within twenty-four (24) hours then confirmation must be made within three (3) hours.

In the event SUPPLIER fails to provide the chemicals within twenty-four (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 an 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 358 of 1111
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. Safety Data Sheet. Each bidder must furnish a copy of a completed S.D.S. (Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed S.D.S. form will result in rejection of the bid. The CITY has a preference for the S.D.S. to be submitted in electronic format. The CITY also requires the 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, upon demand of the CITY, two (2) 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 aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice 359 of 1111
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. 360 of 1111
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. 362 of 1111

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 Schag
Vice President
Date Matt Fabry
Public Works Director
Date
*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:

Date Linh P. Nguyen
Assistant City Attorney
Date
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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: 24 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 25-9978 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Wastewater Treatment Plant Grit, Rag, and Scum Hauling and Disposal — Agreement RECOMMENDATION:

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

BACKGROUND:

The Wastewater Treatment Plant (WWTP) requires hauling and disposal of grit, rags, and scum on a regular basis that is essential to maintain normal operations. This contract will provide for the removal of an estimated 1,400 tons of material with 140 hauls of solids over 36 months.

In accordance with Municipal Code section 3.60.030, a competitive public process was used to obtain bids for this service.

Specifications and a Notice Inviting Sealed Bids were published in April 2025. One bid was received and opened on May 8, 2025, with the following result:

Contractor Bid Amount
Per Ton Trip Total
Compactor Management Company LLC $66 $485 $160,300
Staff reviewed the single bid and recommended the agreement be awarded to Compactor Management Company LLC. The term of the contract is 36 months, and the price is to remain firm for the entire 36-month period.

Staff recommends establishing a contingency of $40,000 to allow for any fluctuations in the amount of grit, rags, and scum to be hauled and disposed of as the WWTP operations will be transitioning to starting the new facilities once they are commissioned.

BUDGET IMPACT:

Funding for these services is budgeted annually in the WWTP operating budget. Pending approval and adoption of the Fiscal Year 2025-26 operation budget, sufficient funding will be available to award this agreement and establish the requested contingency.

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
Robert Knox, Wastewater Treatment Plant Operations Superintendent [email protected]
650-522-7376
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Contract for Services Estero (PW) Page 1 of 10
Rev 9/22

AGREEMENT WITH COMPACTOR MANAGEMENT COMPANY LLC

FOR GRIT, RAG, AND SCUM HAULING AND DISPOSAL SERVICES

FOR THE WASTEWATER TREATMENT PLANT
This Agreement, 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 ("CITY"), and COMPACTOR MANAGEMENT COMPANY LLC, a Limited Partnership ("CONTRACTOR"), whose address is 32420 Central Ave, Union City, CA 94587.

RECITALS:

A. CITY desires certain grit, rag, and scum hauling and disposal services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these grit, rag, and scum hauling and disposal services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
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Contract for Services Estero (PW) Page 2 of 10
Rev 9/22
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2025 and be completed on June 30, 2028.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in an amount of $160,300, a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference.

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

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

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

SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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Contract for Services Estero (PW) Page 3 of 10
Rev 9/22
SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

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

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

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. 370 of 1111
Contract for Services Estero (PW) Page 4 of 10
Rev 9/22
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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

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

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 371 of 1111
Contract for Services Estero (PW) Page 5 of 10
Rev 9/22
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR'S services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

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

To CITY: Robert Learmont
Wastewater Treatment Plant Manager
City of San Mateo
Wastewater Treatment Plant
2050 Detroit Drive
San Mateo, CA 94404
To CONTRACTOR: Compactor Management LLC
Attn: Toni Lucio
32420 Central Ave
Union City, CA 94587
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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Contract for Services Estero (PW) Page 6 of 10
Rev 9/22
IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and COMPACTOR MANAGEMENT LLC has been duly executed by the parties hereinabove named, as of the day and year first above written.

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Ken Truong
Inside Sales
Date
Attachments:

Exhibit A: Scope of Services (Bid Book)
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements

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Contract for Services Estero (PW) Page 7 of 10
Rev 9/22

EXHIBIT A

SCOPE OF SERVICES
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WATER QUALITY CONTROL PLANT GRIT RAG &

SCUM HAULING AND DISPOSAL
BID OPENING: May 8, 2025

BID SUMMARY
Compactor Management Company, LLC.

ITEM
NO.

DESCRIPTION OF WORK UNIT PRICE
(price per ton)

TOTAL COST
1 Disposal of grit, rag & scum.

Estimated fourteen hundred (1,400) tons.

This contract requires five-each 20-yard topless
roll-off bins. Each 20-yard topless roll off bin
requires four wheels, one near each corner, and
the following dimensions – 4’4” X 22’9” X 8’3”
to accommodate the dumpster conveyor system.
$66 $92,400
2 Round trip transportation of two-each twenty
(20) yard, topless containers.

Estimated one hundred forty (140) hauls.
$485 $67,900
TOTAL $160,300
Exhibit B
Payment Rates
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Contract for Services Estero (PW) Page 9 of 10
Rev 9/22

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 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.

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

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

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

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

Notice of Cancellation
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Rev 9/22
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
Contractor hereby grants to the City of San Mateo and the Estero Municipal Improvement District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 402 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 25 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 25-9980 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

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

Approve Amendment No. 2 with waterTALENT LLC for staff augmentation services for the wastewater treatment plant in the amount of $200,000, for a new total agreement amount of $699,000, and extending the term through June 30, 2026; establish a $100,000 contingency reserve; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

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

To allow staff to focus their time and effort where necessary in support of the startup of the new facilities, in August 2024, staff solicited proposals for staff augmentation services to operate and maintain the existing facilities.

As a result, staff executed an agreement on August 30, 2024, with waterTALENT LLC for staff augmentation services for the WWTP for an amount of $99,000, which was expedited to manage the City’s risk of temporarily having WWTP Operations staff unavailable due to the potential employee strike from the SEIU Local 521 Maintenance Unit.

In September 2024, City Council approved Amendment No. 1 to increase the amount of the agreement by $400,000, for a new agreement amount of $499,000, to address the anticipated costs associated with the operational startup of the new plant facilities.

Startup of the new WWTP Facility has been delayed and in the interim some of the agreement funds were used to mitigate the effects of temporary staffing shortages. Delays in the startup of the new facility have also extended the need for this staff augmentation partially into Fiscal Year 2025-26, requiring an extension of the term of the agreement.

This Amendment No. 2 will increase the overall dollar amount by $200,000 and extend the length of the agreement to June 30, 2026. Staff also recommends establishing a $100,000 contingency reserve to allow for any unforeseen needs during the critical startup period of the new WWTP.
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CITY OF SAN MATEO
BUDGET IMPACT:

Sufficient funds are available in the FY 2025-26 WWTP operating budget to cover the cost of this Amendment and the contingency reserve.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 2

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287
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Contract Amendment Page 1 of 2
CAO Approved June 2024
AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

WATERTALENT LLC FOR

STAFF AUGMENTATION SERVICES
($99,000 [Original Amount]; $400,000 [Amendment No. 1]; $200,000 [Amendment No. 2]) This Amendment is made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and waterTalent LLC ("CONSULTANT").

WHEREAS, on August 30, 2024, CITY and CONSULTANT entered into an Agreement for staff augmentation services (“Agreement”) in the amount of $99,000; and WHEREAS, on September 18, 2024, CITY and CONSULTANT executed Amendment No. 1 to increase the Agreement amount by $400,000, for a revised total Agreement amount of $499,000; and WHEREAS, CITY and CONSULTANT wish to increase the Agreement amount by $200,000, for a revised Agreement amount of $699,000, and to extend the term of the Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. The first sentence of 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 by June 30, 2026.’’

2. The first paragraph of Section 8, “PAYMENT,” of the Agreement is amended to read:
“Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $699,000.00. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit B.”

3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
CAO Approved June 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and waterTalent LLC have executed this Amendment on ___________________.

CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Tyler Reifert
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh P. Nyguen
Assistant City Attorney
Date
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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: 26 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 25-9983 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Purchase of a Telehandler — Approval
RECOMMENDATION:

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

BACKGROUND:

The Public Works Field Maintenance Division removes and disposes of material from the City’s sewer collection system at the Wastewater Treatment Plant (WWTP). An eductor was recently put into operation at the WWTP to allow for dumping, drying, and hauling of the sewer collection system materials. The WWTP does not currently have the equipment necessary to move the material from the eductor into a roll-off bin so that it can be hauled away.

During the eductor design phase, it was decided that the cost of a new piece of equipment would be shared by the WWTP and Field Maintenance Divisions. This contract would allow for the purchase of equipment that would be used to move the material and provide other functionality for the WWTP and Field Maintenance Sewer divisions.

As part of the City’s Green Fleet transition, staff consistently explores electric alternatives during the procurement process and aims to procure vehicles with battery electric or alternative-fueled technologies whenever possible. Although the market has electric-powered telehandlers, the telehandler required to facilitate the WWTP and Field Maintenance Divisions’ operations requires a rated capacity of 10,000 pounds, which is a much higher rated capacity than any of the available electric-powered options on the market.

In its search for a telehandler, City staff evaluated prices from Sourcewell selected vendors as well as direct quotes from vendors. Sourcewell is an organization that provides cooperative purchasing by first conducting competitive, public bids then selecting vendors to achieve competitive pricing. Staff was able to locate and evaluate Sourcewell selected vendors.

Staff then reviewed prices for three different brands of telehandlers directly provided by three different vendors. PAPE Material Handling, Inc.’s price for the JLG Telehandler was the lowest priced unit among the directly solicited vendors and Sourcewell selected vendors.

San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. The purchase of one JLG 1055 Telehandler from PAPE Material Handling is in the best interest of the City because the equipment meets the operational needs of both the WWTP and Field Maintenance divisions, and the price offered is the lowest, even in comparison to pricing offered by vendors associated with Sourcewell.
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CITY OF SAN MATEO
Based on the above, staff recommends approval of the purchase contract with PAPE Material Handling, Inc. in an amount of $182,924.27, which is inclusive of the $166,863.64 quoted price plus taxes. Staff also recommends establishing a $7,000 contingency to address any price fluctuations from market instability that may occur between the time the original quote was submitted to the time the contract is executed.

BUDGET IMPACT:

Sufficient funds are budgeted in the Field Maintenance Sewer and WWTP Maintenance operating budgets to fund this purchase and requested contingency amount.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Purchase Contract

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
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CITY OF SAN MATEO
RESOLUTION NO. ____ 2025

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONTRACT TO PAPE MATERIAL HANDLING, INC. FOR THE PURCHASE OF A JLG 1055 TELEHANDLER WHEREAS, the City Council is being asked to award contracts for the purchase of a JLG 1055 Telehandler in the amount of $182,924.27 to facilitate Wastewater Treatment Plant (WWTP) and Field Maintenance operations; and
WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts of $100,000 or more; and
WHEREAS, Sourcewell is an organization that conducts competitive, public bids to select vendors to achieve competitive pricing by leveraging cooperative purchasing; and WHEREAS, staff also reached out to vendors outside of the Sourcewell to obtain additional competitive prices; and
WHEREAS, PAPE Material Handling, Inc.’s price for the JLG Telehandler was found to be the lowest priced unit amongst Sourcewell selected vendors and direct quotes received from vendors; and WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it is in the best interest of the City; and WHEREAS, the purchase of one JLG 1055 Telehandler from PAPE Material Handling, Inc. is in the best interest of the City because the equipment meets the operational needs of both the WWTP and Field Maintenance Divisions, and the price offered is the lowest, even in comparison to vendors associated with Sourcewell; and
WHEREAS, based on these circumstances, staff recommends the approval of the purchase contract with PAPE Material Handling, Inc. in an amount of $182,924.27, which is inclusive of the $166,863.64 quoted price plus taxes, because it is in the best interest of the City without standard competitive bid practice.

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

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

2. In accordance with San Mateo Municipal Code Section 3.60.070(h)(3), the purchase of the JLG 1055 Telehandler is in the City’s best interest for these reasons:
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a. The JLG 1055 Telehandler meets the operational needs of the Public Works Department’s WWTP and Field Maintenance Divisions;
b. The City obtained competitive pricing from Sourcewell, as well as direct quotes from vendors not associated by Sourcewell;
c. PAPE Material Handling, Inc. was found to have provided the lowest price for a telehandler meeting the City’s operational needs.

3. The purchase of a JLG 1055 Telehandler in the amount of $182,924.27 from PAPE Material Handling, Inc. is approved.

4. The Public Works Director is authorized to execute the purchase contract on behalf of the City. 410 of 1111
Purchase Contract for Goods Page 1 of 1
Rev 1/24

PURCHASE CONTRACT

FOR A TELEHANDLER
FROM PAPE MATERIAL HANDLING, INC.

This Purchase Contract (“Contract”), 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 PAPE Material Handling, Inc., a corporation (“VENDOR”).

RECITALS:

A. CITY desires to purchase certain JLG 1055 Telehandler hereinafter described.

B. CITY desires to engage VENDOR to provide these JLG 1055 Telehandler by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.

This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes. Purchase price of the tellehandler is to be $182,924.27 inclusive of sales tax.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.

SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract.

All shipments shall be F.O. B. to 2050 Detroit Drive, San Mateo. Transportation charges shall be shown as a separate item on the invoice.

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

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

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims. The VENDOR’S duty to indemnify shall survive expiration or early termination of this Agreement.
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Purchase Contract for Goods Page 3 of 1
Rev 1/24
SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

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

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

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

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

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

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

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

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

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

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

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

To CITY: Max Karish
City of San Mateo
2050 Detroit Drive
San Mateo, Ca 94404
To VENDOR: PAPE Material Handling
Attn: Rick Sanchez
1975 Arnold Industrial Way
Concord, Ca 94520
SECTION 21 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

CITY OF SAN MATEO VENDOR
Matt Fabry
Public Works Director
Date PAPE Material Handling, Inc.

Tyler Larson
Sales Manager
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
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PAPE MATERIAL HANDLING
1975 ARNOLD INDUSTRIAL WAY
CONCORD, California 94520
Phone: 925-521-5400
Quote Number: 2025-1234367 1 of 2
.

CUSTOMER DETAILS
CUSTOMER City of San Mateo

ADDRESS

SHIP-TO ADDRESS
CONTACT NAME Mr. Max Karish TITLE Sales Representative
PHONE 650-522-7312
PROPOSED BY Rick Sanchez TITLE Territory Manager
PHONE 510-737-2521 EMAIL [email protected]
DATE 5/7/25 Quote Expiration 6/7/25
JLG 1055
Enclosed Cab with heat and NO air conditioning
3 ‘ truss boom with winch
Tires 400/75/28 foam
Material bucket 72” one cu yd
Carriage std 60”
Pallet forks 2.26x5x60
Roadlights
lED work light package ( Cab and boom )
seat belt assurance and operator presence
2 YEAR ANNUAL AGREEMENT WARRANTY
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PAPE MATERIAL HANDLING
1975 ARNOLD INDUSTRIAL WAY
CONCORD, California 94520
Phone: 925-521-5400
Quote Number: 2025-1234367 2 of 2
Total Investment
$166,863.64 + tax delivered 1
Quoted Quantity 1 See above TOTAL: $182,924.27
F.O.B. Factory (factory freight not included). Price is exclusive of any taxes. Due to volatility of supply chain, transportation, lead times etc., we reserve the right to revise our pricing in direct correlation to price surcharges/increases received from the OEM. Lease payment quotes are subject to possible interest rate indexing at time of delivery. This sales order/proposal is subject to Pape' Material Handling's Terms and Conditions of Sale effective on the date hereof, which are incorporated in fullby this reference. The Terms and Conditions of Sale are available at www.pape.com/terms, and will also be sent by mail or email to Buyer upon request.

Proposal By: Rick Sanchez
_____________________________
Accepted By: _____________________________
Signature:
_____________________________
Signature: _____________________________
Date Signed: _____________________________ Date Accepted: _____________________________ PO Number: _____________________________
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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: 27 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 25-10001 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Wastewater Treatment Plant On-Call Consulting Services — Amendment RECOMMENDATION:

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

BACKGROUND:

The City is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvements that are currently under construction and intended to comply with the Cease-and-Desist Order.

As part of the CWP, the City has identified capital improvements needed to maintain and/or improve WWTP reliability, performance, and safety (Projects). Staff solicited on-call professional services to support these needs, to include alternatives analyses and engineering studies; design services; bid period services; engineering services during construction; and operational support.

On August 15, 2022, City Council awarded two agreements to Carollo Engineers, Inc. (Carollo) and Brown and Caldwell for on-call professional consulting services in a total of $400,000. The agreement terms were for three years with up to two optional one-year extensions with an additional budget of up to $100,000 per year.

On October 21, 2024, City Council approved Amendment No. 1 for an additional $450,000 to Carollo’s agreement to fund engineering services for additional scope to provide services for the 3-Water Pumping and Ferric Chloride Project and the Waste Activated Sludge Thickening Alternatives Analysis Project. Amendment No. 1 increased the total agreement amount to $850,000.

On March 6, 2025, the City issued a Request for Proposals (RFP) for the Dewatering System Centrifuges 1 and 2 Project to the two on-call consultants, Brown and Caldwell and Carollo. Proposals were received on April 3, 2025. Staff evaluated both proposals and determined Carollo as the best qualified consultant to provide the scope of work and expertise required for this project. The fee is $614,532 to complete the base scope of services, which includes general project management services; basis of design and preliminary design; detailed design and bid services.

The balance of the Carollo on-call agreement is not sufficient to fund the fee associated with this project and an increase 419 of 1111

CITY OF SAN MATEO
of $423,429 is needed. Staff also recommends $51,571 to be added to address any unknown or unforeseeable tasks if required.

For Carollo to provide engineering services for these tasks, staff recommends approving Amendment No. 2 to increase the on-call agreement by $475,000 for a new total agreement of $1,325,000.

BUDGET IMPACT:

There are sufficient funds available in the Clean Water Program WWTP Annual Major Components (46t090) project budget to fund this amendment.

ENVIRONMENTAL DETERMINATION:

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

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
Tom Williams, Engineering Manager
[email protected]
650-522-7307
Matthew Fabry, Director of Public Works
[email protected]
(650)522-7303
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AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND CAROLLO ENGINEERS, INC.

FOR PROFESSIONAL CONSUTANT SERVICES FOR WASTEWATER TREATMENT PLANT ON-CALL

CONSULTING SERVICES
($400,000 [Original Amount], $450,000 [Amendment 1], $475,000 [Amendment 2]) WHEREAS, the City of San Mateo (“CITY”), a municipal corporation of the State of California, and Carollo Engineers, Inc. (“CONSULTANT”), entered into an Agreement for professional consultant services (“Agreement”) on September 2, 2022; and
WHEREAS, on October 21, 2024, CITY and CONSULTANT executed Amendment No. 1 to the Agreement to increase the Agreement amount by $450,000 and include additional scope; and WHEREAS, CITY and CONSULTANT wish to amend the Agreement to amend the total compensation amount by $475,000, for a new Agreement not to exceed total of $1,325,000.

NOW, THEREFORE, the parties agree as follows:

1. The first paragraph of Section 8, “Payment,” of the Agreement is amended to read:
“Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $1,325,000 without prior written authorization. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit B.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and CAROLLO ENGINEERS, INC. have executed this Amendment on ___________________ .

CITY OF SAN MATEO CONSULTANT
Carollo Engineers, Inc.
_____________________ ___________________
Matt Fabry its Authorized Agent
Public Works Director Rick Chan
Senio Vice President
Date:__________________ Date:_______________
APPROVED AS TO FORM Carollo Engineers, Inc
_____________________ ______________________
Linh P. Nguyen Michael Barnes
Assistant City Attorney Corporate Secretary
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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: 28 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-10003 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Marina Branch Public Library Restoration Project – Agreements RECOMMENDATION:

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

BACKGROUND:

The Marina Branch Public Library Restoration Project (Project) will implement critical improvements, including foundation stabilization with new helical piles and grade beams, re-leveling of the existing foundation and structures, and compliance with Americans with Disabilities Act (ADA) requirements. Additional improvements encompass the replacement of entrance and egress ramps, site drainage improvements, deck replacement, lighting (external and indoor), flooring, roof replacement, heating, ventilation, and air conditioning (HVAC) equipment, plumbing improvements, fire sprinkler and alarm systems, and electrical system replacement.

The City entered into an agreement with Siegel & Strain Architects in July 2023 to design the Project and the design was completed in April 2025. The design includes two (2) additive bid items: (A) to fabricate and install a bookworm sculpture, and; (B) to fully remove and replace stucco along the exterior of the building. The Architect’s estimate for the base bid and additive bid items was $5,000,000.

Construction Agreement
In accordance with Municipal Code section 3.60.030, a competitive public process was used to obtain bids for the Project.

A Notice Inviting Sealed Proposals was issued to advertise the Project on April 25, 2025. On the May 22, 2025, bid opening date, three (3) bids were received.

Contractor Base Bid Amount Additive Bid
Item A
Additive Bid
Item B
Total Bid
Amount
DL Falk Construction, Inc. $5,325,000 $30,000 $50,000 $5,405,000 Marcon Builders $5,511,076 $24,805 $45,923 $5,581,803
California Plus Engineering, Inc. $5,815,000 $150,000 $180,000 $6,145,000 Per the Contract Book, bids were compared based on the total bid amount, which includes the Base Bid plus Additive Bid Items A and B.
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CITY OF SAN MATEO
Staff reviewed the lowest bid submitted by DL Falk Construction, Inc., and determined that DL Falk Construction, Inc. is the lowest responsive, responsible bidder. Staff recommends City Council award the Agreement to DL Falk Construction, Inc. inclusive of the scopes of Additive Bid Items A and B. In addition, staff recommends a 10 percent contingency be established given potential unforeseen site conditions, the complexity of performing a retrofit project, and caution that will need to be exercised due to the project’s proximity to Seal Slough.

Construction is anticipated to commence in the summer of 2025 with completion in spring of 2027, resulting in an approximately 16-month temporary closure of the library. Staff are implementing outreach to inform the community and library patrons.

Construction Management Agreement
The City issued a Request for Proposals (RFP) for Construction Management, Inspection, and Hazardous Materials Compliance Services for the Project on February 26, 2025. On the April 4, 2025, deadline to submit proposals, one (1) proposal was received from Consor PMCM, Inc. (Consor). Staff reviewed the proposal, interviewed Consor, and determined the firm’s proposal to be satisfactory based on the Project team’s experience with similar projects and comprehensive project approach to meet the goals of the RFP.

Consor will be providing construction management and inspection services that include oversight of the contractor, review of construction documents such as submittals, change orders, progress payments and requests for information, adherence to schedule, and coordination with City and design staff. They will also monitor the contractor’s hazardous materials handling and verify compliance with CEQA measures that stem from the project’s proximity to Seal Slough and potential sensitive habitats.

Staff recommends entering into a contract with Consor to perform the construction management services for this Project for an amount not to exceed $824,900.

BUDGET IMPACT:

Currently, sufficient funds are not available in the Marina Library Structural Improvements (665100) project account budget to approve the construction agreement; however, the remaining funding needs to sufficiently cover the full cost of the agreement and recommended contingency have been requested through the 5-year Capital Improvement Program budget development process and will be available under the Marina Library Structural Improvements (665100) project pending approval and adoption of the Fiscal Year 2025-26 budget. Sufficient funds are available in the project account to approve the construction management contract with Consor.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement for Construction
Att 2 – Agreement for Construction Management

STAFF CONTACT
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CITY OF SAN MATEO
Karen Cornejo, Assistant Engineer
[email protected]
(650) 522-7576
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319
425 of 1111
Contract
This public works contract (“Contract”) is entered into by and between the City of San Mateo (“City”) and DL Falk Construction, Inc. (“Contractor”), for work on the Marina Branch Public Library Restoration Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On June 16, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: Additive Bid Alternate A and Additive Bid Alternate B.

2. Contract Documents. The Contract Documents incorporated into this Contract include those within the Contract Book, and inclusive of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications, including Technical Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following:

Appendix A; Appendix B

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $5,405,000 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 320 working days from the start date set forth in the Notice to Proceed, and 80 working days for the plant establishment maintenance period.(“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the 426 of 1111
amount of $1,200 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code and Minimum Wage Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

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

Contractor and its Subcontractors are required to pay the higher of the currently applicable state prevailing wage rates or City minimum wage.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of San Mateo
Public Works Department
330 W. 20th Avenue
427 of 1111
San Mateo, CA 94403
Phone: (650) 522-7300
Attn: Karen Cornejo, Desmond Chan, Jimmy Vo
Email: [email protected]
[email protected]
[email protected]
Contractor:

Name: DL Falk Construction, Inc.

Address: 3526 Investment Boulevard
City/State/Zip: Hayward, CA 94545
Phone: (510) 887-6500
Attn: David T. Falk
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the San Mateo County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of San Mateo County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.]
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The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Matt Fabry, Director of Public Works Linh P. Nguyen, Assistant City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Date: ___________________________
CONTRACTOR: ___________________________________________________ DL Falk Construction, Inc.
s/_______________________________ Seal:
_________________________________
David T. Falk, Vice President
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Heidi Diep, Controller
Date: ____________________________
683837 - 01/31/2026
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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Professional Services Page 1 of 15
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AGREEMENT WITH CONSOR PMCM, Inc.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

CONSTRUCTION MANAGEMENT FOR

MARINA BRANCH PUBLIC LIBRARY RESTORATION PROJECT
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Consor PMCM, Inc. a California corporation (“CONSULTANT”), whose address is 1663 Mission Street, Suite #425 San Francisco, California 94103.

RECITALS:

A. CITY desires certain construction management and inspection services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these construction management and inspection 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.
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Professional Services Page 2 of 15
Rev 12/23
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.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on the date of execution and be completed on June 30, 2027.

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 $824,900, 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. Any reuse of documents outside the scope of work for which it was developed, or any alteration thereof without Consultant review and approval shall be at City’s sole risk and without liability to Consultant.

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. 431 of 1111
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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 third-party 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 (except with respect to professional negligence), City, its elected and appointed officials, employees, and agents against any such claims. The Consultant’s obligation to defend professional negligence claims is limited to reimbursement of expenditure, including reasonable attorneys fees and costs, incurred by the City, in defending claims or lawsuits, ultimately determined to be due to negligent acts or omissions of the Consultant or any of its officers, employees or subcontractors. 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.
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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 with the care and skill ordinarily used by members of the profession practicing under similar circumstances at the same time and 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.

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. 433 of 1111
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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.

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: Karen Cornejo
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Consor PMCM, Inc.

Attn: Steve Patterson
1663 Mission Street, Suite #425
San Francisco, California 94103
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.
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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 Consor Engineers, Inc. have executed this Agreement the day and year first above written.

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Matthew Cass
Senior Vice President
Date
Attachments:

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

SCOPE OF SERVICES
Task 1 – Construction Management and General Inspection CONSULTANT shall provide the construction management and general inspection services outlined below.
• Provide administrative support including, but not limited to, maintaining project files, convening necessary meetings, providing meeting notes, monthly progress reports, photographic documentation, pay application reviews/negotiations and on-site observation. • Provide, administer, and manage Project communication and documentation until Final Completion.
• Monitor Erosion Control BMP’s and environmentally sensitive area fencing installation and maintenance. Verify construction operations do not go past the top of bank. Verify construction waste and materials does not enter Seal Slough.
• Review scheduled submittals and provide schedule management support. • Provide close-out support including furniture, fixtures and equipment installations, move-in coordination, punch list management, O&M manuals, as-built reference documentation review, final release of retention pay review and warranty work management. • Ensure all permits are pulled and inspections are conducted. • Act as construction project coordinator and the point of contact for all communications and interaction with the contractor, affected local agencies, design team, utility companies, City staff, members of the Public and other firms performing work. • Review and monitor the construction schedule. Prepare weekly reports documenting the progress of construction. Take photographs and videotape recordings of the construction progress on a regular basis.
• Schedule, manage, perform and document all field and laboratory testing services as provided in project specifications.
• Coordination with the design team.
• Evaluate, negotiate, recommend, and prepare change orders. • Prepare and recommend progress payments.
• Identify potential claims and make recommendations to resolve said claims. • Perform field inspection activities, monitor contractor’s performance and enforce all requirements of applicable codes, specifications, and contract drawings. • Oversee the design clarification process.
• Oversee quality control and materials testing.
• Provide final punch-list inspection services and project closeout activities, including preparation of the final construction project report.
• Turn over all construction documents to the City, including As-Builts. • All reports, calculations, measurements, test data and other documentation shall be prepared on forms specified by or otherwise acceptable to the City. • Daily reports, extra work diaries, materials testing reports, and other reports shall be submitted to the City.
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Task 1 Deliverables:
• Meeting notes.
• Documention for all field and laboratory testing services as provided in project specifications. • Daily inspection reports, extra work diaries, materials testing reports and other reports. o Daily inspection reports to include trades/subcontractors on site, work performed, and photos in PDF format.
• Weekly and monthly progress reports documenting the progress of construction. • Written review response for submittals, RFIs, change orders, progress payments. • Photo and video documentation.
• Final punchlist and construction documents, including As-Builts.

Task 2 – Special Inspections
CONSULTANT shall perform and coordinate the following special inspections:
• Perform all special inspections, with the exception of the geotechnical and soils special inspections, as required by the 2022 California Building Code (CBC) Chapter 17. The special inspections shall be performed by an approved agency in accordance with 2022 CBC, Chapter 17, the statement of special inspections as required by 2022 CBC Sections 1704.2.3 and 1704.3 for building structural elements, and as outlined in the Project Plans. • Coordinate all special inspections related to geotechnical and soils construction that will be completed by a separate firm.

Task 2 Deliverables:
• Special inspection documentation and testing reports. Special inspection schedule to align with contractor schedule.

Task 3 – Environmental Services
CONSULTANT SHALL provide qualified staff required for compliance with standard measures from the Marina Branch Library Restoration California Environmental Quality Act (CEQA) Categorical Exemption.

1. A qualified Biologist shall perform preconstruction/pre-disturbance surveys to ensure that no nests of migratory will be disturbed during project implementation.

2. A Qualified Biologist shall provide Worker Environmental Awareness Training to all personnel involved in construction adjacent to Seal Slough. The training shall include, at a minimum, a review of the aquatic animals and plants, and sensitive habitats, that could be found in or downslope from work areas; measures to avoid and minimize adverse effects on those resources; and a review of all conditions and requirements of environmental permits.

Task 3 Deliverables:
• Preconstruction and predisturbance surveys.
• Worker environmental awareness training documentation and attendance.

Task 4 – Hazardous Materials Compliance
CONSULTANT shall provide qualified personnel for coordination for regulatory compliance for removal, containment, abatement, and disposal of hazardous materials including regulated asbestos containing materials, lead containing paints, PCB’s, mercury containing fluorescent light tubes or ballast mercury 438 of 1111
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switches, equipment or systems that may contain Freon or other fluorocarbons, or smoke detectors which may contain a radioactive element. Services to be provided shall include, but are not limited to:

1. Specification requirements - Verify the contractor complies to the Requirements for Disturbance of Lead in Construction specifications, Asbestos Requirements specifications, and Other Hazardous Materials specifications.

2. Pre-Abatement and Post-Abatement Submittal Review - Review of all contractor submittals related to asbestos and lead abatement, including work plans, safety procedures, and material specifications, verify that each submittal complies with applicable regulations and project specifications before work begins, and provide written recommendations for adjustments required to address any noted discrepancies or issues. After the abatement work is completed, review all final submittals, including clearance testing results and project closeout documents, confirm that the abatement work has been completed in accordance with the approved specifications and that all necessary documentation is in order.

3. Air Monitoring - provide oversight and approval of perimeter air monitoring during the abatement of asbestos and lead-containing materials. Ensure that airborne contaminant levels are monitored throughout the abatement process to protect workers and public safety and to confirm that air quality remains within regulatory limits. a. Coordinate with abatement contractor to set up air monitoring stations at strategic locations around the perimeter of the work area.
b. Oversee the real-time air monitoring process, ensuring that samples are collected according to regulatory standards and project specifications. This includes verifying that the correct sampling methods and equipment are used.

4. Data Review and Approval – Ship samples to a laboratory with a 24-hour turnaround time.

Review the air monitoring results upon receipt to ensure that they are within acceptable regulatory limits, and if the results indicate elevated levels, work with the contractor to address the issue and determine if additional controls or sampling are needed.

5. Lead Wipe Sampling for Reoccupation - Conduct lead wipe sampling on key surfaces, including windowsills and floors, in the affected areas. Use standardized methods to collect samples, which are then analyzed in a certified laboratory to determine lead dust levels. a. Regulatory Compliance – CONSULTANT shall ensure that lead levels are below the regulatory limit of 10 micrograms per square foot. If levels are found to be above this threshold, additional cleaning and re-sampling may be necessary until the area meets safety standards.

Task 4 Deliverables:
• Written review responses for pre-abatement and post-abatement submittal reviews. • Written responses of review of air monitoring results. • Detailed report of the lead sampling results, along with any regulatory standards and methods for re-cleaning or for further action, if needed.
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Task 5 – General Consulting Services
CONSULTANT shall provide limited general consulting services to additionally support the City with construction management, general inspection, special inspection, environmental services, and/or hazardous materials compliance.

Consultant shall request the City’s written authorization prior to commencing with any services as part of Task 5.

Task 5 Deliverables:
• To be determined.
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EXHIBIT B

FEE RATES
Title Regular Rate Overtime Rate
Project Manager $250 $250
Assistant Project Manager $175 $262.50
Office Engineer $130 $195
Construction Inspector $180 $270
On-Call Scheduler $200 $200
Senior Engineer/Helical
Pile SME
$250 $250
Special Inspector
(Subconsultant)
See below. See below.

All Subconsultants are cost + 5%.

All overtime work and use of overtime rates require written City authorization prior to commencement of overtime work.

Special Inspector 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.

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. 443 of 1111
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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. 444 of 1111

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 29 Section Name: CONSENT CALENDAR Account Number: 10-4661 File ID: 25-10006 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

Traffic Signal Modification at Poplar Avenue and Humboldt Street — Agreement RECOMMENDATION:

Approve an agreement with Phoenix Electric Company for construction of the Traffic Signal Modification at Poplar Avenue and Humboldt Street in the amount of $367,000; establish a contingency reserve in the amount of $55,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency reserve.

BACKGROUND:

The City adopted its first Local Roadway Safety Plan (LRSP) in May 2024. The LRSP analyzes traffic safety performance and crash patterns and recommends strategic and proven solutions to improve safety performance at priority locations citywide. After a year of community engagement and review by the Sustainability and Infrastructure Commission (SIC) and City Council, the adopted LRSP is a data-driven plan focused on improving safety. In addition to adopting the plan, City Council directed staff to prioritize implementing the top 10 priority projects identified in the plan.

Project Scope
The LRSP identified the intersection of Poplar Avenue and Humboldt Street (Project) as the third highest-priority location in the City in need of safety improvements. It is the highest priority location that is within the City's jurisdiction, with the top two locations being on El Camino Real and subject to Caltrans’ jurisdiction. This Project improves safety by reducing conflict points between turning cars and people walking or driving, giving pedestrians a head start to cross, improving visibility with better lighting and signal upgrades, helping emergency vehicles move through more easily, and making crosswalk ramps easier and safer to use.

The Project will execute the improvements identified in the LRSP which includes modifying the signal system to add protected left turns in all directions, leading pedestrian intervals, new signal heads with upgraded high visibility back plates, emergency vehicle preemption (EVP) for Poplar Avenue (EVP already exists on Humboldt Street), and accessible pedestrian signals. The Project will also reconfigure the intersection safety lighting and move some utility boxes out of pedestrian ramp surfaces. The Project will accomplish these improvements without changing any existing vehicle lane configurations or removing any on-street parking. The Engineer’s Estimate for the project is $406,200.

Outreach
In addition to the year of engagement to the community, SIC, and City Council as part of the LRSP, staff distributed informational mailers to residents near the project site in May 2025. Staff also delivered a presentation for the Project at the College Park Elementary campus in Spring 2025 as part of a construction update meeting conducted in collaboration with the San Mateo-Foster City Unified School District. 445 of 1111

CITY OF SAN MATEO
Project Bid
The Project was advertised on April 3, 2025, and a total of seven (7) bids were received and opened on May 1, 2025. The bids received are listed below in order of increasing bid amount.

CONTRACTOR BID AMOUNT
Phoenix Electric Company $367,000
St. Francis Electric, LLC $386,670
Ray’s Electric $418,185
Tennyson Electric, LLC $441,500
Bear Electrical Solutions, LLC $458,000
Mike Brown Electric Company $474,840
Liffey Electric $535,000
Based on a review of the bids received, staff recommends Council award the agreement to Phoenix Electric Company as the lowest responsive, responsible bidder.

Staff also recommends a $55,000 contingency (approximately 15 percent of contract value) to be established because the Project is replacing four large traffic signal mast arm poles at a busy intersection near a freeway ramp and two schools, and the schedule is expected to coincide with construction at the College Park Elementary School site. These factors create a high level of complexity for the Project with greater potential for unforeseen circumstances.

BUDGET IMPACT:

Sufficient funds are available in Poplar Avenue/Humboldt Street Signal Modify - Left Turn (460049) project to award this agreement in the amount of $367,000 and establish a contingency reserve of $55,000.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement

STAFF CONTACT
Mike Kato, Associate Engineer
[email protected]
650-522-7377
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AGREEMENT WITH PHOENIX ELECTRIC COMPANY

FOR PUBLIC IMPROVEMENT
FOR

TRAFFIC SIGNAL MODIFICATION AT POPLAR AVENUE AND HUMBOLDT STREET CITY PROJECT NO. 17017
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and PHOENIX ELECTRIC COMPANY, a California Corporation, with offices at 1350 Van Dyke Ave, San Francisco, CA 94124 (hereinafter called "Contractor"), entered into this day of ____________________.

RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described. (c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:

Traffic Signal Modification at Poplar Avenue and Humboldt Street CITY PROJECT NO. 17017

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of Three Hundred Sixty Seven Thousand Dollars ($367,000) in full payment for the work set forth above.

Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions, Revised Standard Specifications dated April 16, 2021, and Contract Drawings, the State of California Standard Specifications 2018 Edition, the State of California Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).
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All rights and obligations of City and Contractor are fully set forth and described in the contract documents.

The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

All of the above-named documents are complementary and are intended to operate in harmony, 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. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book.

4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.

5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor'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 Contractor, 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, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.

6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work. Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

Contractor agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter

5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations. In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by 448 of 1111
regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this agreement.

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

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

12. 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 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.

13. 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.

14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. 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 Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.

15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.
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16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.

17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.

18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub-contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

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

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

21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents. [SIGNATURE PAGE FOLLOWS]

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

CITY OF SAN MATEO CONTRACTOR
Matt Fabry, PE
Public Works Director

CITY OF SAN MATEO
Date David Lau
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

CITY OF SAN MATEO
Attachments:

Exhibit A: Insurance Requirements

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

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

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

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as described below.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
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Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

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

Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:

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

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

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

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

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

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Surety Bonds
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Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 30 Section Name: CONSENT CALENDAR Account Number: 41-4678 File ID: 25-9788 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 16, 2025
SUBJECT:

East 3rd Avenue Landfill Hydrogen Sulfide Monitoring – Agreement Amendment RECOMMENDATION:

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

BACKGROUND:

The Department of Public Works administers professional service agreements for environmental monitoring and reporting services at the closed East Third Avenue Landfill to fulfill post-closure directives from the San Mateo County Environmental Health Services (County). Waste Discharge Requirements require monitoring and reporting for 30 years following the closure of the landfill. Stearns Conrad and Schmidt Consulting, Inc. dba SCS Engineers (SCS) provides groundwater and leachate monitoring and reporting, landfill cover inspections, survey of landfill surface and preparing isosettlement maps, landfill gas monitoring and reporting, operation and maintenance of the City’s combustible gas monitoring system, and on-call additional consulting services, as needed.

On July 29, 2024, the Department of Public Works awarded SCS an agreement in the amount of $49,775 to perform investigation work in the upland wetland area of the closed East 3rd Avenue Landfill to locate the source of hydrogen sulfide gas (H2S) and odor issues. Under this agreement, SCS provided document review, collection of liquid samples, H2S sampling and monitoring, biological assessment, and a ground penetrating radar survey.

Additional investigation work is necessary and requires permits from several regulatory agencies. The scope of work for Amendment No. 1 includes meetings with regulators, staff, and the permitting subcontractor (LSA). SCS will also provide local enforcement agency notifications for work that extends into the toe of the existing landfill slope adjacent to the identified odor source area upon receipt of approved permits.

Additional investigation and potential remediation costs are anticipated in FY 2025-26. The permitting effort included as part of Amendment No. 1 is necessary to advance additional investigation and possible remediation efforts. The proposed Capital Improvement Program Budget for FY 2025-26 includes an estimated $120,000 to support investigation and remediation.

This work is necessary to advance quickly in order to investigate the source of H2S and odor issues. SCS has provided monitoring and reporting for the landfill for the last eight years and has consistently demonstrated a high level of 455 of 1111

CITY OF SAN MATEO
responsiveness, technical expertise, and client advocacy. SCS has a proven track record in helping the City meet all regulatory requirements and deadlines and reducing overall landfill monitoring costs and liabilities.

BUDGET IMPACT:

After accounting for both routine monitoring and a supplemental investigation to evaluate H2S and odor concerns, the available FY 2024-25 budget for landfill monitoring services was exceeded sooner than anticipated. A supplemental budget appropriation of $95,000 of unassigned fund balance in the Landfill Fund is needed to increase the Public Works operating budget and cover the costs already incurred for the investigation, as well as the permitting work required before any further exploratory or remediation efforts can proceed. Sufficient funds are available in the unassigned fund balance of the Landfill Fund for this appropriation.

ENVIRONMENTAL DETERMINATION:

Approval of an amendment to the agreement with SCS for continued monitoring, reporting and investigatory work at the East Third Avenue Landfill is exempt from CEQA review as information gathering, because it consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (CEQA Guidelines Section 15306.) In addition, approval of a budget appropriation from an unassigned fund balance of the Landfill fund to the Public Works Department operating budget is exempt from CEQA review, because it consists of a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Amendment No. 1

STAFF CONTACT
Jack Johnson, Acting Regulatory Compliance Manager
[email protected]
650-522-7346
Ella Phillips, Regulatory Compliance Inspector
[email protected]
650-522-7343
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CITY OF SAN MATEO
RESOLUTION NO. _____ (2025)
AUTHORIZATING AN APPROPRIATION IN THE AMOUNT OF $95,000 FROM THE UNASSIGNED FUND BALANCE

OF THE LANDFILL FUND TO THE PUBLIC WORKS OPERATING BUDGET WHEREAS, the City Council also 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, the City entered into an agreement for Monitoring and Reporting Services for Hydrogen Sulfide Gas (H2S) at East 3rd Avenue Landfill with Stearns Conrad and Schmidt Consulting, Inc. dba SCS Engineers; and
WHEREAS, both routine monitoring and supplemental investigation to evaluate H2S and odor concerns exceeded the available Fiscal Year 2024-25 budget for landfill monitoring sooner than anticipated; and WHEREAS, additional investigation work in the upland wetland area of the landfill necessary and requires permits from several regulatory agencies, expanding the scope of work of the agreement; and WHEREAS, an amendment to the Fiscal Year 2024-25 operating budget is necessary to address funding of those services; and
WHEREAS, sufficient funds are available in the unassigned fund balance of the Landfill Fund to satisfy the funding needs.

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

1. In accordance with California Environmental Quality Act (CEQA) Guidelines section 15378(b)(4), this action is categorically exempt from CEQA because it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

2. An appropriation in the amount of $95,000 from the unassigned fund balance of the Landfill Fund to the Public Works operating budget is authorized.
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Contract Amendment Page 1 of 3
CAO Approved June 2024
AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
STEARNS CONRAD AND SCHMIDT CONSULTING, INC. DBA SCS ENGINEERS FOR

PROFESSIONAL CONSULTANT SERVICES FOR MONITORING AND REPORTING SERVICES FOR HYDROGEN SULFIDE AT EAST 3RD AVENUE LANDFILL
($49,775 [Original Amount], $57,650 [Amendment No. 1])
This Amendment is made and entered into this day of _________________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and STEARNS CONRAD AND SCHMIDT CONSULTING, INC. DBA SCS ENGINEERS ("CONSULTANT”).

WHEREAS, on August 26, 2024, CITY and CONSULTANT entered into an agreement for Monitoring and Reporting Services for Hydrogen Sulfide at East 3rd Avenue Landfill professional services in the amount of $49,775; and

WHEREAS, CITY and CONSULTANT wish to amend the Agreement to increase the scope of work, extend the term, and increase the compensation in the amount of $57,650, for a revised total compensation of $107,425.

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 August 19, 2024, and be completed on or about December 31, 2026, or after the permitting is completed.”

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 a payment request and CITY approval of the work performed. In consideration for the monthly performance of the services set forth in Exhibits A and A1, CITY agrees to pay CONSULTANT a fee in an amount not to exceed of $107,425, pursuant to rates stated in Exhibits B and B1 to this Agreement, attached and incorporated by reference.” 458 of 1111
Contract Amendment Page 2 of 3
CAO Approved June 2024

3. Exhibit A, “Work Scope” of the Agreement is amended to include Exhibit A1, attached and incorporated by reference.

4. Exibit B, “Payment Rates” of the Agreement is amended to include Exhibit B1, 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 3
CAO Approved June 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and SCS ENGINEERS have executed this Amendment on ___________________.

CITY OF SAN MATEO SCS ENGINEERS
Matthew Fabry, P.E.

Public Works Director
Date Pat Sullivan
Its Authorized Agent
Senior Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Curtis P. Jang
Treasurer/Chief Financial Officer
Date
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SCOPE OF WORK
Under this work scope, SCS will provide permitting services to allow for work to be conducted in the upland wetland area of the Site. Services are anticipated to start this spring and are aimed to have permits in place toward the end of summer (contingent upon review and acceptance of the governing regulatory agencies). These services included associated meetings with regulators, City, and our permitting subcontractor during the permitting process. SCS will also include local enforcement agency (LEA) notifications for work that extends into the toe of the existing landfill slope adjacent to the identified odor source area upon receipt of approved permits.

Please find details for each task of our proposed work scope below.

Task 1 - U.S. ARMY CORP OF ENGINEERS (USACE) PERMIT
Under Task 1, SCS will procure the services of and manage our subcontractor, LSA of Richmond, California, who is well-versed in the Site and will perform the required USACE Permit(s) for the Project.

LSA has worked on numerous permits in the San Francisco Bay Area that have been approved for a myriad of projects. SCS has established a great rapport with LSA and they provided the constraints analysis for the Site in support of our Phase I. As part of this work, SCS will provide support to LSA during the permitting effort, develop the project description, and take part in any required USACE meeting(s) with LSA in performance of the work.

Under Task 1, SCS and LSA assume that the Project will be able to be permitted under one of the Nationwide Permits (NWPs) issued by the USACE. NWP # 38 - Cleanup of Hazardous and Toxic Waste would most likely be the appropriate NWP for the project. NWPs allow for small fills of jurisdictional areas and do not require an in-depth Alternatives Analysis (AA) to demonstrate that no practical alternative exists that impacts less jurisdictional area. LSA will prepare a NWP Preconstruction Notification (PCN) package for submittal to the USACE in accordance with San Francisco District regulations and guidelines. The PCN will include all the required information, including the jurisdictional delineation in the biological constraints report. SCS will support LSA needs during this permitting effort and review the deliverable prior to forwarding it to the City for review/approval.

Task 2 - RWQCB WATER QUALITY CERTIFICATION (WQC)
Under Task 2, SCS will manage our subcontractor, LSA, who will perform the required Regional Water Quality Control Board (RWQCB) Permit(s) for the Project. SCS will assist LSA with the Water Quality Certification (WQC) requirement and provide regulatory meetings with LSA throughout the permitting process.

The WQC from the RWQCB (San Francisco Bay Region) will be required pursuant to Section 401 of the Clean Water Act. The WQC application package will include an SCS cover letter describing the project and impacts to jurisdictional features, a copy of the USACE PCN package, RWQCB standard application Exhibit A1
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form, figures depicting the type and extent of impacts to jurisdictional features, evidence of CEQA compliance, and an application filing fee. The application filing fee will be based on the type and extent of impacts in areas within the jurisdiction of RWQCB. Prior to finalizing the application, LSA will submit a draft package to SCS for our review and comment prior to SCS sending it to the City for review/comment.

Task 3 - Alternatives Analysis (AA)
A WQC application requires an AA which discusses potential alternatives to the proposed project that would be less impactful to jurisdictional features. Based on our phone conversations, we are assuming that impacts from the proposed project will be less than 0.10 acre which would qualify for a Tier 1 AA.

The AA will describe the avoidance and minimization measures that will be implemented to protect water quality and beneficial uses, as well as include a description from the engineer related to how the impacts are minimized. SCS will assist LSA with the AA and provide input to LSA to meet this permit requirement
Task 4 - Preconstruction Nesting Bird Survey
Under Task 4, the Project will likely require a preconstruction survey for nesting birds protected under the federal Migratory Bird Treaty Act and the California Fish and Game Code. A qualified LSA wildlife biologist will conduct the preconstruction survey and a summary memo with the results of the preconstruction survey will be prepared.

Task 5 - Project Management & City Meetings
Under this task, SCS will provide overall management for the project and provide 4-hours of meetings with LSA, and four (4) 1-hour meetings with the City during the permitting process.

Meetings will be held via Microsoft Teams.

Once the above services are complete, SCS will provide a proposal for estimated remediation costs under separate cover.

STAFFING
Under this project, SCS will dedicate the following persons who will take the lead in this effort.

Project Director/Technical Engineer - Maura Dougherty, P.E.

Project Manager- Mark J. Erickson, E.I.T.

Project Manager/Geologist - Patrick Harms, P.G.

SCS will also provide additional support staff as part of the project team. Work under the contract will be managed by both Mark Erickson, E.I.T., and Patrick Harms, P.G. Mark Erickson and will be the main points of contact (POC) for the City.
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BUDGETARY ESTIMATE
A cost estimate to complete the project work outlined above is provided below.

Task 1 - USACE Permit
Total Task 1 $13,900
Task 2 - RWQCB Water Quality Certification
Total Task 2 $ 8,900
Task 2 - Biological Assessment (Add on, If necessary) $ 9,900 Task 3 - Alternatives Analysis (SCS and LSA)
Total Task 3 $ 4,000
Task 4 - Pre-Construction Nesting Bird Survey (SCS and LSA) Total Task 4 $ 1,700*
Task 5 - Project Management (SCS and LSA)
Total Task 5 $11,500
Total Estimated Cost $49,900
* As an engineering value added benefit, SCS will provide oversight of LSA for our portion of Task 4 services at no cost to the City.

SCHEDULE
SCS will start our services immediately upon approval of this proposal given the timeframe for permitting to be complete and in place prior to performing remedial activities. Our permitting subcontractor, LSA, is aware of the urgency of this Project and has committed staff to the effort and will start their services as soon as SCS receives Notice to Proceed (NTP) from the City, 463 of 1111

ASSUMPTIONS/CLARIFICATIONS

1. Under Task 1, there is no application fee for the USACE Permitting Services.

2. Under Task 2, the RWQCB application filing fee is based on the type and extent of impacts in areas within the jurisdiction of RWQCB and fees are not included in our proposed services. These fees are anticipated to cost $4,200 for Tier I alternatives analysis (disturbance area of 0.1 Acre). The annual fee is estimated at $3,550. Therefore, approximate costs (based on the RWQCB fee calculator for Dredge and Fill) for this permitting effort is anticipated to be $7,750.

3. Under Task 2, costs for a Biological Assessment (BA), should it be required during USACE discussions with the USFWS, is included in our proposed services as an additional cost. If not required, that Task 2 adder will not be billed to the City.

4. Under Task 3, SCS and LSA have estimated 5 hours each to provide for internal meetings on required pre-field permitting activities. Should more time be required, SCS will charge additional time under our current MSA (City Fees Schedule) with the City and markups to any required additional LSA time. LSA hourly rates will be based on a Senior Biologist rate at $195/hour.

5. Under Task 4, SCS and LSA have estimated 4 hours each to provide to coordinate deliverable efforts in performance of the work. Should more time be required, SCS will charge additional time under our current MSA (City Fees Schedule) with the City and markups to any required additional LSA time. LSA hourly rates will be based on a Senior Biologist rate at $195/hour. Additionally, field related work for the nesting bird survey includes 8 hours of biologist services at $135/hour for field surveys and 2 hours of senior-level biologist services at $195/hour for project management.

6. Under Task 5, SCS and LSA have estimated 4 hours each (four (4) 1-hour meetings) with the City throughout the permitting process. Should more time be required, SCS will charge additional time under our current MSA with the City and markups to any required additional LSA time, with approval from the City. LSA hourly rates will be based on a Senior Biologist rate at $195/hour. 464 of 1111
E xhi bi t B - 1

C I T Y O F S A N M A TE O

L A BOR F EE S C H ED U L E
(Effective January 1, 2024 through December 31, 2025)

S C S FI E L D S ER V I C ES
Technical Field Personnel Rate ($)/Hour
Laborer ....................................................................................................................................... 75 Systems Specialist ...................................................................................................................... 85 Technician .................................................................................................................................. 92 Fusion Technician ...................................................................................................................... 95 Equipment Operator ................................................................................................................. 100 GIS Technician ......................................................................................................................... 104 Foreman.................................................................................................................................... 106 Plant Operator .......................................................................................................................... 110 Senior Technician ..................................................................................................................... 115 Superintendent .......................................................................................................................... 130 Mechanic .................................................................................................................................. 130 Support Specialist ..................................................................................................................... 138 Senior Superintendent .............................................................................................................. 173 Controls Specialist/Network Engineer ..................................................................................... 175 Network Engineer II ................................................................................................................. 177 Drone Pilot ............................................................................................................................... 205 Management/Support Personnel Rate ($)/Hour
Secretarial ................................................................................................................................... 65 Project Administrator ................................................................................................................. 90 Field Data Analyst .................................................................................................................... 100 Senior Project Administrator .................................................................................................... 115 Senior Field Data Analyst ........................................................................................................ 120 Administrative Coordinator ...................................................................................................... 120 Designer/Drafter ....................................................................................................................... 120 Project Coordinator/Accountant ............................................................................................... 130 Field Project Coordinator ......................................................................................................... 150 Project Professional/H&S Specialist ........................................................................................ 160 Controls & Instrument Engineer .............................................................................................. 185 Product Development Manager ................................................................................................ 195 System Integrator/Product Manager/Business Manager .......................................................... 208 Quality Advisor ........................................................................................................................ 210 Project Manager/H&S/Quality Manager .................................................................................. 230 Senior Project Professional ...................................................................................................... 230 3900 Kilroy Airport Way, Suite 100, Long Beach, CA 90806 | 562-426-9455 | eFax 562-492-9292 465 of 1111
SCS Field Services Fee Schedule
January 1, 2024 through December 31, 2025