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Agenda packet

San Mateo City Council
December 1, 2025

Document
Agenda packet
Meeting
December 1, 2025
Body
San Mateo City Council
Pages
11
Original file
84.3 MB
Text extracted from the city's file for reading and search. Open the original on sanmateo.primegov.com. That file is the official record.

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San Mateo Rail Corridor TMA Stakeholder Contact List
2024 Report
Developer/Owner Contact Project Status TMA Director TMA Alternate One Franklin Parkway One Franklin Parkway [email protected] [email protected] San Mateo, CA 94403
(925) 875-2510
Four Corners Properties Azara General Member Dave Wilbur Bruce Burkard 339 S San Antonio Road, Suite 2B 1650 S. Delaware [email protected] [email protected] Los Altos, CA 94022
(650) 793-5000
Prospective Members Project Status
Brian Myers Passage General Member (pending) Brian Myers Julie Baigent Nuquest Ventures, LLC 640 Concar Drive * City Council approved 2020 [email protected] [email protected] Brookfield Properties (?)
Sares Regis Hayward Park General Member (pending)
520 S. El Camino Real, 2nd Floor 401 Concar Drive *City Council approved 2022 San Mateo, CA 94402
Hillsdale Terraces, LLC Hillsdale Terraces General Member (pending) Albert Costa LF George Holdings (developer) 159 El Camino Real 2700 South El Camino Real *City Council approved 2017 [email protected] Millbrae, CA 94030 Architect for Developer

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San Mateo Rail Corridor TMA Membership
(data as of 1/12/2024)
Member Projects (Approved or Built)
Units to be Built Units Built/Occupied Planned SF Built/Occupied SF Planned SF Built/Occupied SF 2000 Delaware (Westlake Realty/DJA Properties) 60
400 Concar (Diamond Properties) 95,813
450 Concar (Diamond Properties) 210,115
Azara (Four Corners Properties) 74
Bay Meadows Residential (HOA) 859
Bay Meadows Retail 14,224 30,210
Bay Meadows Station 1 219,831
Bay Meadows Station 2 (Guidewire) 189,000
Bay Meadows Station 3 (OpenText + others) 174,000
Bay Meadows Station 4 (Survey Monkey) 210,000
Bay Meadows Station 5 (Q2 2023) 218,554
Bay Meadows MU2 (Station 6) 191,354
Bay Meadows MU3 (Station 7) 67 125,760
Delaware Pacific (MidPen Housing) 60
Franklin Templeton (Phase 1 Expansion) 245,260
Mode Apartments (Sares Regis) 119
Montara (Bridge Housing - 2775 S. Delaware) 68
Peninsula Station (MidPen Housing) 68 2,000
Station Park Green 599 27,886
The Nueva School 134,345
Total Approved/Built 67 1,907 331,338 1,622,669 0 134,345 Prospective Members/Projects
Units Planned Units Built/Occupied Planned SF Built/Occupied SF Planned SF Built/Occupied SF Hillsdale Terraces (2790 S. El Camino Real) 64 13,978
Concar Passage 961 40,000
Sares Regis (Hayward Park Caltrain) 189
Wall Street Properties (Saratoga/Yates)
Total Proposed/Approved 1,214 0 53,978 0 0 0
Grand Total Residential 3,188 Commercial 2,007,985 Educational 134,345 Residential Commercial
Residential Commercial
Educational
Educational

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San Mateo Rail Corridor TMA List of Directors (2024)
Project Status Director Alternate
2000 Delaware (Westlake Urban) General Member Mike Wiley Pattie Philibosian 400|450 Concar (Diamond Properties) General Member Christian Diggs Steve Diamond Azara (Four Corners Properties) General Member Dave Wilbur Bruce Burkard Bay Meadows (Wilson Meany) General Member Adam Hamilton Diana Singh Delaware Pacific (MidPen) General Member Sarah Etheredge Mollie Nabor Franklin Templeton General Member Nael Younes Julie Venturi Mode Apartments (Sares Regis) General Member Kyle Deshon Ryan Hinrichs Montara (Bridge Housing) General Member Hanbo Li Jon McCall Peninsula Station (MidPen) General Member Rebecca Barnes Mollie Nabor Station Park Green (Essex) General Member Jason Pechar Dean Zingmond The Nueva School General Member Steve Osborne Terry Lee City of San Mateo Non-Voting Member Public Works Director Deputy Public Works Director

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San Mateo Rail Corridor TMA List of Officers (2024)
Director Position Project Term Expires
Sarah Etheredge (Chair) Chair Delaware Pacific (MidPen) January 2026 Adam Hamilton Vice Chair Bay Meadows (Wilson Meany) January 2026 Nael Younes Secretary/Treasurer Franklin Templeton January 2026

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Page 1 of 3 ends

MINUTES

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

January 22, 2024, 11:00 AM
Online (Zoom)

Present: Mike Wiley – PAP (2000 Delaware)
Dave Wilber – Four Corners Properties (Azara)
Adam Hamilton – Wilson Meany (Bay Meadows)
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Kyle Deshon – Sares Regis (Mode)
Tiffany Eng – Bridge Housing (Montara)
Rebecca Barnes – MidPen Housing (Peninsula Station)
Brad Underwood – City of San Mateo
Christian Diggs – Diamond Properties (400/450 Concar)

Staff: John Ford – Commute.org

Guests: Carmen Chen – Commute.org

Absent: Franklin Templeton
Nueva School
Station Park Green

1. Call to Order
• The meeting was called to order by Chair Sarah Etheredge at 11:04 AM.

2. Approvals
• On a motion/second by Adam/Rebecca, the meeting minutes of September 11, 2023, were approved as presented.

3. Project Updates
• Bay Meadows (Adam) reported that Station 1 and 5 have ongoing tenant improvements and RES 6 expected to receive TCO in the next couple of weeks. • All other projects reported status quo conditions since the last meeting in September 2023.

4. City of San Mateo Update
• Brad reported that bike facility improvements are planned along 28 th Avenue across El
Camino Real. The project was presented to the Planning Commission in December 2023. • There is also an ongoing effort for bike lanes along Delaware from Concar to 28th Avenue.

5. Report from Acting Executive Director (John Ford)
• John reviewed the financial statements for the period ending December 31, 2023. On a motion/second by Rebecca/Adam, the statements were accepted as presented. • John told the group that the TMA taxes for 2023 would be filed soon now that the financial year is complete.

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6. 2023 Counts and Annual Report
• John gave the group an overview of the driveway and cordon counts that were conducted on October 17, 2023, and reviewed the report provided by Hexagon Transportation Consultants who managed the count subconsultant and analyzed count data. Paul Krupka also assisted with the count methodology due to the change in consultant from IDAX, the previous count consultant.
• Automatic license plate readers (ALPRs) were used to capture license plates of vehicles entering and leaving the cordon area. Actual travel times were then compared to Google estimated travel times to determine the number of through trips. • Hexagon informed us that the use of ALPRs requires a significant amount of human analysis to determine the through-trip analysis. Their subcontractor absorbed the cost overruns for the 2023 count but will likely increase their costs for future counts. Hexagon has suggested using Streetlight data in 2024 as a more cost-effective option. Tube counts would still be used for driveways and entry/exit locations, but historical data would be used to calculate through trips. John will follow up with Sue-Ellen Atkinson (City of San Mateo) to determine if this is a possibility for future counts. • John shared the proposal from Krupka Consulting for creating the 2023 Annual Report and providing consulting assistance with the 2024 counts. • Carmen reported that the annual TMA survey was sent via email to all members in November 2023. All members completed the survey, and Paul will include the responses in the 2023 Annual Report.
• John said we are looking to present the 2023 report to Sustainability & Infrastructure Commission in early Spring and will let the members know when a date has been confirmed.

7. New Business
• Election of New Directors
o On a motion/second by Adam/Tiffany, the slate of directors was approved as presented with no changes.
• Election of Officers
o On a motion/second by Adam/Tiffany, the slate of officers was approved as presented with no changes:
 Sarah Etheredge, Chair
 Adam Hamilton, Vice Chair
 Nael Younes, Secretary/Treasurer
• Budget/Dues Discussion and Approval
o John presented a draft budget for 2024 which included expenditures for the consultant’s production of the 2023 annual report plus estimated expenses for the consultant to oversee the 2024 counts (Krupka proposal), estimated costs for 2024 study counts (Hexagon estimate), up to 60 hours of admin/management time, insurance, and miscellaneous expenses. At the direction of the membership, nothing was budgeted for TDM (Transportation Demand Management) programming in 2024.
o The 2024 budget estimates Hexagon’s work at $32,000, mirroring the 2023 cost. This is due to the uncertainty of costs, which depend on the City’s approval of a different cordon count methodology such as the use of Streetlight data.

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o Krupka Consulting’s costs will be lower in 2024 than 2023 because Hexagon took a larger role in data analysis and reporting.
o The increased cost of conducting the driveway and cordon counts in 2023 meant that the TMA had to use reserves to cover annual expenses. With a comparable situation likely in 2024, the Executive Committee recommended a 3% increase in dues. While the TMA will still operate at a deficit, the dues increase will raise revenue by $3,000. This is the first change to dues since 2017. o Tiffany asked how deficits were covered in previous years. John responded that the TMA generated reserves in the past, which is currently covering the deficit.

Sarah reminded the membership that the deficit may be less if the city approves a count methodology that is less costly.
o Revenue for the budget was forecast using the updated dues structure. Revenue will increase modestly in 2024 due to more projects being part of the TMA and more residential and commercial projects becoming eligible for inclusion in the dues structure.
o The proposed budget would result in an $8,522 deficit and leave reserves of approximately $38,000 at year end.
o Dues invoices will be generated and sent to all members in February. Adjusting invoices (if necessary) will be generated and sent later in the year for projects that receive their Certificate of Occupancy mid-year. Those dues will be pro-rated based on the COO date.
o On a motion/second by Adam/Tiffany, the 2024 budget, dues increase, and Proposal for Consultant Services from Paul Krupka was approved as presented.

Dues for 2024 were set as follows:

Dues Category 2023 Rate
Residential rate per unit $ 6.18
Commercial rate per rentable square foot $ 0.0232
Educational rate per square foot of buildings $ 0.0077

• No other new business was discussed.

8. Adjournment

• The meeting adjourned at 11:52 AM.
2024

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MINUTES

SAN MATEO RAIL CORRIDOR TMA
Board of Directors Meeting

May 13, 2024, 11:00 AM
Online (Zoom)

Present: Tiffany Eng – Bridge Housing (Montara)
Christian Diggs – Diamond Properties (400/450 Concar)
David Wilbur – Four Corners Properties (Azara)
Mike Wiley – PAP (2000 Delaware)
Nael Younes – Franklin Templeton
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Jason Pechar – Essex (Station Park Green)

Staff: John Ford – Commute.org

Guests: Matt Fabry – City of San Mateo
Carmen Chen – Commute.org

Absent: Bay Meadows
Peninsula Station
Nueva School
Mode

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

2. Project & TMA Area Updates
• All projects reported status quo conditions since the last meeting in January 2024. • Matt shared that the City is conducting outreach for the Delaware Street Safe Routs to School Corridor Bicycle Improvements Project. Outreach efforts include putting signage along the corridor, conducting an online survey, and holding pop-up events. • Matt also shared that the proposed citywide TDM ordinance is going to City Council on May 20, 2024. He clarified that the new TDM ordinance would only apply to new development projects, not existing ones such as those in the TMA. • John reminded members that Commute.org offers bike education workshops for the commuter population. Commercial properties interested in hosting may contact Commute.org.

3. Review & Approvals
• Christian requested for the meeting minutes of January 22, 2024 to indicate he was present. Staff will correct the meeting minutes.
• On a motion/second by Nael/Tiffany, the meeting minutes of January 22, 2024, were approved as presented pending the update.

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4. Report from Acting Executive Director (John Ford)
• John reviewed the financial statements for the period ending April 30, 2024. On a motion/second by Nael/Tiffany, the statements were accepted as presented. • John provided administrative updates which included the takeover of First Republic Bank by JP Morgan Chase, insurance renewals, and tax filings. Because the TMA’s taxable income is less than $50,000, a full tax return was not required for 2023. That will change once revenue exceeds $50,000.

5. New Business
• 2023 Annual Report
o John shared the presentation for the 2023 Annual Report that was given to the City’s Sustainability and Infrastructure Committee (S&I Committee) on May 8, 2024.
o The annual report was compiled by Krupka Consulting and includes findings from driveway and cordon counts conducted in October by Hexagon Transportation Consultants, and the annual TMA survey.
o The cordon counts showed that Bay Meadows was below its short-term trip threshold.
o Delaware Pacific/2000 Delaware were above their short-term threshold but did perform better than the previous year. All other projects were below their short- term threshold.
o John shared that the S&I Committee unanimously recommended City Council acceptance of the annual report. For subsequent reports, the Committee requested a more in-depth analysis of the annual survey that includes a year- over-year comparison. The Committee also expressed concern on whether the long-term thresholds for each project will be achievable. o Sarah confirmed that the S&I Committee focused on data and anticipates similar questions in the future.
o Mike asked when the annual report will be presented to City Council for acceptance. Matt shared that he would confirm the date, and John will notify the Board upon confirmation.
o Matt shared that the S&I Committee were also interested in financial penalties related to compliance of the new TDM ordinance. He clarified that they would not apply to the TMA.
• Counts/Annual Report 2024
o John shared that the TMA hopes to continue contracting with Hexagon Transportation Consultants for the 2024 driveway and cordon counts. He reminded members that IDAX, the previous consultant, had opted out of performing counts due to technology limitations.
o Following the 2023 counts, Hexagon suggested using a different technology and data set other than automatic license plate readers (ALPRs) for the cordon counts at Bay Meadows. This suggestion will need to be explored by the City, the consultant, and Bay Meadows.
o John confirmed that the annual TMA survey will be updated based on suggestions from the S&I Committee.
• No other new business was reported.

8. Adjournment

• The meeting adjourned at 11:44 AM.

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MINUTES

SAN MATEO RAIL CORRIDOR TMA
Board of Directors Meeting

September 9, 2024, 11:00 AM
Online (Zoom)

Present: Ali Ghatala – Essex (Station Park Green)
Adam Hamilton – Wilson Meany (Bay Meadows)
David Wilbur – Four Corners Properties (Azara)
Kyle Deshon – Sares Regis (Mode)
Mike Wiley – PAP (2000 Delaware)
Nael Younes – Franklin Templeton
Rebecca Barnes – MidPen Housing (Peninsula Station)
Sarah Etheredge – MidPen Housing (Delaware Pacific)
Matt Fabry – City of San Mateo

Absent: 400/450 Concar
Montara
Nueva School

Staff: John Ford – Commute.org

Guests: Jay Yu – City of San Mateo
Jason Pechar– Essex (Station Park Green)
Carmen Chen – Commute.org

1. Call to Order
• The meeting was called to order by TMA Chair Sarah Etheredge at 11:02 AM.

2. Roll Call & Introductions
• John conducted a roll call.
• Ali Ghatala (Essex) and Jay Yu (City of San Mateo) introduced themselves. • Jay shared that Sue-Ellen is no longer with the City of San Mateo and he and Matt will be covering her role until they backfill the position in the coming weeks.

3. Project Updates & TMA Area Updates
• Jay shared three bicycle/pedestrian projects that are in the design phase. o Delaware Street: The City is 95% complete with the design phase of a Class IV bike lane and bike boulevard on Delaware Street. The project will not remove any existing vehicle lanes and will improve overall connectivity in the Rail Corridor area.
o 28
th Avenue Gap Closure: The project will provide a safe path of travel for pedestrians and bicyclists crossing El Camino Real at 28th Avenue. o 19th Avenue: This project is entering the design phase and will result in a Class IV bike facility on 19th Avenue from Pacific Boulevard to Mariners Island Boulevard.
• Adam asked when the Delaware Street and 28
th Ave projects would be complete.

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o Jay responded that the Delaware Street project will be complete in Summer 2025, and the 28th Avenue Gap Closure completion is uncertain. • Bay Meadows (Adam) shared that Res 6 is open. Most activity is on the office side, with Roblox in Station 2, and SurveyMonkey moving out of Station 4. They also have approved plans for the last two undeveloped sites.
• All remaining projects reported status quo conditions since the last meeting in May 2024.

4. Approvals
• On a motion/second by Adam/Rebecca, the meeting minutes of May 13, 2024, were approved as presented.

5. Report from Acting Executive Director (John Ford)
• John reviewed the financial statements for the period ending August 31, 2024. On a motion/second by Adam/Nael, the statements were accepted as presented. • John provided administrative updates which included insurance renewal, and the stakeholder contact list (TMA members should indicate any updates),

6. New Business
• Counts/Annual Report 2024
o John reviewed the requirements and protocols for conducting annual traffic counts at all member locations.
o John shared that the TMA received a proposal from Hexagon, the previous year’s count consultant. The proposal is $25,000 for the 2024 counts, as opposed to the same scope of work that was completed for $32,000 last year. Following the 2023 counts, Hexagon raised concerns regarding the amount of manual verification needed to verify travel times for cordon counts. Hexagon explored other options, including Bluetooth sensors, and ultimately concluded that the same count methodology would be best. John noted that any future modifications to count methodology will be subject to review and approval by the City. o Sarah asked whether the TMA had previously increased the count budget to account for the potential increase in cost for the 2024 counts.  John verified that the budget was not increased due to uncertainties with the count methodology.
o Adam asked for clarity on the county methodology and whether the cost increased due to the manual verification needed.
 John confirmed that the methodology is the same as last year’s and would be completed at a lower cost.
o Matt shared that the Event Center will likely keep the driveway that is currently one of the count locations, for large events.
 John replied that future counts will continue to be conducted at that location so that this traffic can be excluded from the Study Area traffic. o On a motion/second by Adam/Nael, the proposal from Hexagon was unanimously accepted as presented. The board instructed John to proceed with contracting Hexagon for the project.

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• Review Meeting Dates for 2025
o John shared the calendar for meetings in 2025. The next meeting will be on Monday, January 13, 2025. John will distribute the meeting calendars via Outlook invitation.
• No other new business was discussed.

8. Adjournment

• The meeting adjourned at 11:39 AM.

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San Mateo Rail Corridor TMA
Membership & Board of Directors Meeting Schedule 2025

PROPOSED MEETINGS
Date Meeting Description Start Time

Location
January 13, 2025
Annual Membership Meeting
- Election of Directors
- Approval of Budget
- Establishment of Dues
Annual Board of Directors Meeting
- Election of Officers
- General Business
11:00 am

Zoom or Teams
May 12, 2025 Q2 Board of Directors Meeting 11:00 am Zoom or Teams September 8, 2025 Q3 Board of Directors Meeting 11:00 am Zoom or Teams TBD Q4 Board of Directors Meeting 11:00 am TBD

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B
Appendix B – 2024 Member Survey (Summary)

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2024 San Mateo Rail Corridor TMA Survey
1 / 27
Q1 Please select the project site you are completing this survey for. If youmanage multiple sites listed below, you will need to complete a separatesurvey for each site.

Answered: 11 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
400/450 Concar
Bay Meadows
Residential
Bay Meadows
Commercial
(Office and...

Franklin
Templeton
Peninsula
Station (MidPen
Housing)
Delaware
Pacific (MidPen
Housing)
Mode Apartments
Montara
Nueva School
Station Park
Green
2000 Delaware
Azara
Other (please
specify)

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2024 San Mateo Rail Corridor TMA Survey
2 / 27

9.09% 1

9.09% 1

9.09% 1

9.09% 1

9.09% 1

9.09% 1

9.09% 1

9.09% 1

9.09% 1

9.09% 1

0.00% 0

9.09% 1

0.00% 0
TOTAL 11
# OTHER (PLEASE SPECIFY) DATE
There are no responses.

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

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

Answered: 1 Skipped: 10
# RESPONSES DATE
1 120 11/11/2024 7:41 PM

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

Answered: 1 Skipped: 10
# RESPONSES DATE
1 450 11/11/2024 7:41 PM

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Q5 Approximately how many adults currently reside at the property? Answered: 7 Skipped: 4
# RESPONSES DATE
1 160 1/8/2025 11:56 AM
2 119 12/18/2024 3:02 PM
3 165 12/16/2024 6:52 PM
4 1000 10/21/2024 10:48 AM
5 140 10/3/2024 4:17 PM
6 175 10/1/2024 11:10 AM
7 950 10/1/2024 10:23 AM

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2024 San Mateo Rail Corridor TMA Survey
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96 672 7
Q6 Estimate the occupancy (in percentage terms) of your property inOctober 2024.

Answered: 7 Skipped: 4
Total Respondents: 7
# DATE
1 96 1/8/2025 11:56 AM
2 100 12/18/2024 3:02 PM
3 99 12/16/2024 6:52 PM
4 94 10/21/2024 10:48 AM
5 95 10/3/2024 4:17 PM
6 93 10/1/2024 11:10 AM
7 95 10/1/2024 10:23 AM
0 10 20 30 40 50 60 70 80 90 100

ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES

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72 215 3
Q7 Estimate the occupancy (in percentage terms) of your property inOctober 2024.

Answered: 3 Skipped: 8
Total Respondents: 3
# DATE
1 40 1/7/2025 3:36 PM
2 80 12/16/2024 8:22 AM
3 95 10/4/2024 10:43 AM
0 10 20 30 40 50 60 70 80 90 100

ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES

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2024 San Mateo Rail Corridor TMA Survey
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Q8 Estimate the average number of on-site employees/contractors on aweekday.

Answered: 3 Skipped: 8
# RESPONSES DATE
1 650 1/7/2025 3:36 PM
2 4 12/16/2024 8:22 AM
3 1024 10/4/2024 10:43 AM

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Q9 Please provide a list of the tenants located at your property.

Answered: 3 Skipped: 8
# RESPONSES DATE
1 Roblox Guidewire SurveyMonkey Fanatics Paine & Schwartz Addiction Education Society 1/7/2025 3:36 PM 2 WeWork / Snowflake 12/16/2024 8:22 AM
3 Roblox, Biograph, Upstart, Workday, Freshworks, Wilson Meany, Newmark, One Medical, Fieldwork Brewery, Clayroom, Forge, Basecamp, Enara Health, 10/4/2024 10:43 AM

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54.55% 6

0.00% 0

27.27% 3

18.18% 2
Q10 Who manages your TDM programs and activities? (Select all thatapply) Answered: 11 Skipped: 0
Total Respondents: 11
# OTHER (PLEASE SPECIFY) DATE
1 I don't know.. there's no shuttle comes here 12/16/2024 8:24 AM 2 Tenant have their own programs and pay into the Project's TMA fees. 10/4/2024 10:44 AM 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
In-house staff
A third-party
contractor/cons
ultant
We do not
provide TDM
programming
Other (please
specify)

ANSWER CHOICES RESPONSES
In-house staff
A third-party contractor/consultant
We do not provide TDM programming
Other (please specify)

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Q12 Which of the following TDM programs and amenities do you offer?(Select all that apply).

Answered: 11 Skipped: 0
Delivery
amenities
Family
supportive
amenities
Fully-subsidize
d transit pass
Parking
cash-out
Bike purchase
subsidy
Bikeshare
(on-site)
Bikeshare
membership
Bike safety
education
classes
Bike racks
Secure bike
storage
Bike
repair/fix-it
station(s)
Shower
facilities
Designated
carpool/vanpool
parking
Charged parking
EV charging
stations
Emergency ride
home (ERH)
Carshare
(on-site)
Carshare
membership

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0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Employer-sponso
red shuttle
Pedestrian-orie
nted uses on
ground floor
Commute.org
shuttle program
We do not
offer any TDM
program/amen...

Other (please
specify)

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27.27% 3

36.36% 4

27.27% 3

0.00% 0

0.00% 0

9.09% 1

0.00% 0

9.09% 1

90.91% 10

90.91% 10

18.18% 2

27.27% 3

18.18% 2

18.18% 2

63.64% 7

9.09% 1

0.00% 0

0.00% 0

9.09% 1

9.09% 1

18.18% 2

9.09% 1

18.18% 2
Total Respondents: 11
# OTHER (PLEASE SPECIFY) DATE
1 Transit screen 12/18/2024 3:03 PM
2 Transit screen 12/16/2024 6:54 PM

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

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Q13 Of the programs offered, which do you feel are the most effective inreducing drive-alone trips? (Please select up to three programs) Answered: 11 Skipped: 0
Delivery
amenities
Family
supportive
amenities
Fully-subsidize
d transit pass
Parking
cash-out
Bike purchase
subsidy
Bikeshare
(on-site)
Bikeshare
membership
Bike safety
education
classes
Bike racks
Secure bike
storage
Bike
repair/fix-it
station(s)
Shower
facilities
Designated
carpool/vanpool
parking
Charged parking
EV charging
stations
Emergency ride
home (ERH)
Carshare
(on-site)
Carshare
membership

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0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Employer-sponso
red shuttle
Pedestrian-orie
nted uses on
ground floor
Commute.org
shuttle program
We do not
offer any TDM
program/amen...
[Insert text
from Other]

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18.18% 2

0.00% 0

27.27% 3

0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0

36.36% 4

27.27% 3

0.00% 0

0.00% 0

0.00% 0

0.00% 0

18.18% 2

0.00% 0

0.00% 0

0.00% 0

9.09% 1

0.00% 0

18.18% 2

0.00% 0

0.00% 0
Total Respondents: 11

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

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9.09% 1

45.45% 5

9.09% 1

0.00% 0

27.27% 3

45.45% 5

18.18% 2

9.09% 1

27.27% 3
Q15 How do you distribute information on TDM programs to your tenants,residents, and/or employees? (Select all that apply) Answered: 11 Skipped: 0
Total Respondents: 11
# OTHER (PLEASE SPECIFY) DATE
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Internal
website
Email
communications
Social media
(e.g.

Instagram,...

Online videos
Move-in/enrollm
ent/lease
packets
Bulletin
boards/informat
ion kiosks
Info sessions
(e.g. "lunch
and learns",...

Commuter/benefi
ts fairs and
events
We do not
distribute
information ...

ANSWER CHOICES RESPONSES
Internal website
Email communications
Social media (e.g. Instagram, Facebook, Twitter, etc.)
Online videos
Move-in/enrollment/lease packets
Bulletin boards/information kiosks
Info sessions (e.g. "lunch and learns", orientations, etc.) Commuter/benefits fairs and events
We do not distribute information on TDM programs

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There are no responses.

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9.09% 1

45.45% 5

45.45% 5
Q16 Do you currently survey your tenants, residents, and/or employees' tocollect data on travel behaviors? Answered: 11 Skipped: 0
TOTAL 11
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes.

No, but plan
to survey in
the future.

No, and do not
plan to survey.

ANSWER CHOICES RESPONSES
Yes.

No, but plan to survey in the future.

No, and do not plan to survey.

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0.00% 0

0.00% 0

27.27% 3

27.27% 3

54.55% 6

0.00% 0
Q17 What metrics do you use to track performance of your TDMprograms? (Select all that apply) Answered: 11 Skipped: 0
Total Respondents: 11
# OTHER (PLEASE SPECIFY) DATE
There are no responses.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Mode split
(e.g. drive
alone/carpoo...

Vehicle miles
travelled (VMT)
Parking
utilization
Program
participation
Performance is
not currently
tracked
Other (please
specify)

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

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Q18 Please describe any construction/roadway work that may haveimpacted access to your property in 2024.

Answered: 3 Skipped: 8
# RESPONSES DATE
1 None 1/7/2025 3:39 PM
2 The (2) sewer projects, sanitary sewer and UFES. 10/4/2024 10:49 AM 3 No construction or roadwork work impacted our property in 2024. 10/1/2024 11:12 AM

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

Answered: 3 Skipped: 8
# RESPONSES DATE
1 N/A 1/7/2025 3:39 PM
2 We would be very interested in any offerings that would support more transit accessibility for our Hillsborough campus on Skyline.
11/11/2024 8:14 PM
3 Many of our tenants use Doordash, UberEats, Simply Fresh, etc. and similar car-based delivery services that reduce their trips and/or need for a car, but these deliveries are counted twice (in/out) when they happen distorting our efforts to reduce trips. 10/3/2024 4:23 PM

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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: 10 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-10614 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: December 01, 2025
SUBJECT:

Bermuda Drive Bridge Replacement Project — Agreement
RECOMMENDATION:

Approve an agreement with Valentine Corporation in the amount of $6,888,369 for construction of the Bermuda Drive Bridge Replacement Project and establish a contingency reserve of $690,000; affirm a requested bid relief from Joseph J.

Albanese, Inc.; approve an agreement with Biggs Cardosa Associates, Inc. in the amount of $696,000 for engineering design support during construction and establish a contingency reserve of $70,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders as allowed by the contract documents within the respective contingency amounts.

BACKGROUND:

In 2008, the City applied for preliminary engineering funds through the Highway Bridge Replacement and Rehabilitation Program (HBRRP) to evaluate the condition of the Bermuda Drive Bridge over Borel Creek and address structural deficiencies identified by the California Department of Transportation (Caltrans). Following approval of HBRRP funding in 2010, the City entered into an agreement with Biggs Cardosa Associates, Inc. (BCA) for preliminary engineering. Structural and seismic evaluations completed in 2011-2012 recommended full bridge replacement rather than retrofit. Caltrans subsequently approved the revised project scope in 2017.

On May 21, 2018, City Council approved a professional services agreement for final design and environmental documentation with BCA. Design was completed in early 2025. The project will reconstruct the deficient bridge to provide a safe and reliable route consistent with current design standards.

Due to limited in-house staffing resources to oversee construction and ensure compliance with federal and Caltrans requirements, the City issued separate Requests for Proposals (RFPs) in September 2025 – one for inspection and materials testing services, and another for engineering design services during construction (ESDC). These services are necessary to provide daily inspection, materials testing, and engineering oversight throughout construction. Proposals were evaluated based on qualifications and relevant experience. Staff will be bringing the inspection and material testing services agreement to City Council in January for approval.

Agreement with Valentine Corporation
In accordance with Municipal Code section 3.60.030 and federal procurement processes listed in 2 Code of Federal Regulations (CFR) Part 200, specifically §§ 200.317-200.327, a competitive public process was used to obtain construction bids for Bermuda Drive Bridge. Bermuda Drive Bridge was advertised on September 18, 2025. On October 21, 2025, six bids were received. The bids received are listed below in order of increasing bid amount.

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CITY OF SAN MATEO
Contractor Base Bid
Joseph J. Albanese, Inc. $5,063,016.00
Graniterock $6,087,347.00
Valentine Corporation $6,888,369.00
Ghilotti Construction Company $7,073,366.92
Disney Construction $7,148,333.00
Viking Construction Company $7,998,812.00
On October 23, 2025, Joseph J. Albanese, Inc. submitted a letter requesting withdrawal (bid relief) of its bid in accordance with Public Contract Code Section 5100 et al. due to omission of a subcontractor listing that made the bid materially different than what was intended. Staff reviewed the requested bid relief, deemed the request satisfactory, approved Joseph J. Albanese, Inc.’s request for bid relief, and recommends for Council to affirm staff’s approval of the requested bid relief.

The apparent second low bidder (Graniterock) did not submit a required Caltrans form with their bid and was determined to be non-responsive. Staff determined that Valentine Corporation is the lowest responsive, responsible bidder. Therefore, staff recommends Valentine Corporation be awarded this construction agreement.

Construction will span two years with the first phase of construction to begin Spring 2026.

Agreement with Biggs Cardosa Associates, Inc. (ESDC)
To provide ESDC, staff recommends awarding an agreement to Biggs Cardosa Associates, Inc., which was selected as the most qualified firm from the City’s September 2025 RFP. The firm’s experience with bridge design, including design of this bridge, makes them well qualified to provide technical assistance during construction.

BUDGET IMPACT:

The project is funded through a combination of local and federal funds under the Bermuda Drive Bridge Replacement Project (462250) and Federal Project No. BRLS-5102(049). These funds will be used to award the construction contract and consultant agreement, as well as to establish the contingency reserves.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA it is a replacement or reconstruction of an existing structure where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (CEQA Guidelines Section 15302.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement (Valentine Corporation)
Att 2 – Agreement (Biggs Cardosa Associates, Inc.)

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
Dominic Boneno, Associate Engineer
[email protected]
(650) 522-7341

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0 AGREEMENT WITH VALENTINE CORPORATION

FOR PUBLIC IMPROVEMENT
FOR

BERMUDA DRIVE BRIDGE REPLACEMENT
CITY PROJECT NO. 462250
FEDERAL NO. BRLS-5102(049)
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 Valentine Corporation, a CORPORATION, with offices at 111 Pelican Way, San Rafael, CA 94901 (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:

BERMUDA DRIVE BRIDGE REPLACEMENT PROJECT
CITY PROJECT NO. 462250
FEDERAL NO. BRLS-5102(049)

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of six million, eight hundred eighty-eight thousand, three hundred and sixty-nine dollars ($6,888,369.00) 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 and Contract Drawings, Addendums 1-7 issued to the Contract Book, the Caltrans Standard Plans and Specifications, 2023 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

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0 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

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0 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 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.

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0 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.

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

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0 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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0 IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and Valentine Corporation 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 Robert Valentine
Its Authorized Agent
President
Date

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

Exhibit A: Insurance Requirements

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0 Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x 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.Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7.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 Entity 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 Entity.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity 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 Entity.

Other Insurance Provisions

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1.The Entity, 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 Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, 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 Entity.

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 Entity as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the Entity, 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 Entity’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 (5) 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 (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the Entity 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 Entity.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire

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0 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 Entity for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the Entity 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 Entity 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 Entity 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 Entity 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
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
Entity 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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AGREEMENT WITH BIGGS CARDOSA ASSOCIATES, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

BERMUDA DRIVE BRIDGE REPLACEMENT 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 Biggs Cardosa Associates, Inc., a corporation, (“CONSULTANT”), whose address is 1111 Broadway, Suite 1510 Oakland CA 94607:

RE
CITALS:

A. C
ITY desires certain professional engineering design services hereinafter described.

B. C
ITY desires to engage CONSULTANT to provide these professional engineering design 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.

N
OW, THEREFORE, IT IS AGREED as follows:

S
ECTION 1 - SCOPE OF SERVICES
T
he 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.

S
ECTION 2 - DUTIES OF CONSULTANT
C
ONSULTANT 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.

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

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

CO
NSULTANT 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.

S
ECTION 3 - DUTIES OF CITY
C
ITY shall provide pertinent information regarding its requirements for the project.

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

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S
ECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of agreement and continue until all work is completed and accepted by the City’s project manager.

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

S
ECTION 5 - PAYMENT
P
ayment 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, on a time and expense reimbursement basis, in an amount not to exceed $696,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

S
ECTION 6 - TERMINATION
W
ithout 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.

U
pon 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.

S
ECTION 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.

S
ECTION 8 - CONFIDENTIALITY
A
ll 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.

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

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SECTION 10 - CONSULTANT'S STATUS

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

SECTION 11 - INDEMNITY

CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. 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 - NONASSIGNABILITY

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.

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S
ECTION 16 – SEVERABILITY
I
f 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.

S
ECTION 17 - COSTS AND ATTORNEY FEES
A
ttorney 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.

S
ECTION 18 - NON-DISCRIMINATION
C
ONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants 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.

S
ECTION 19 - MEDIATION
S
hould 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.

T
he 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:

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To CITY: City of San Mateo
Attn: Stephanie Piñon
330 W 20th Avenue
San Mateo, CA 94403

To CONSULTANT: Biggs Cardosa Associates Inc.

Attn: Mahvash Harms
1111 Broadway, Suite 1510
Oakland, CA 94607

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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I
N WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Daniel Devlin
Secretary
Date
A
ttachments:

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

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E

XHIBIT A
SC

OPE OF SERVICES

SCOPE OF SERVICES
Task 1 and Task 6 – Regulatory Permit Compliance and Biological Support Services During the construction phase of the project, the Biggs Cardosa Team will provide technical support to assist the City Construction Manager with oversight of the contractor’s biologist, dewatering, storm water pollution control and other regulatory compliance items as needed. This may include providing interpretations of permit requirements, providing reviews and opinions on findings of surveys and monitoring, assisting in resolving issues including those involving CDFW, and other tasks that may arise.

S
ection 14-6 of the project Special Provisions states that the contractor’s biologist must perform the following activities during construction:
• Certified biological monitor on-site throughout construction • Dewatering activities management
• Permit review and coordination
• Preconstruction biological and habitat surveys
• Establishment of exclusionary zones
• Biological awareness training
• Provide biological monitoring and training as required by the LSAA • Provide nesting surveys and if required, bird deterrence prior to each mobilization • Provide biological monitoring/daily site checks
• Daily monitoring of special-status habitats and species during ground disturbance or upon presence of special-status s
pecies
• Surface water sampling and reporting during dewatering activities • Routine reporting as required by the LSAA
• Dewatering plan inspection, and reporting
W
e will also assist the City by reviewing technical submittals relating to regulatory compliance that the contractor prepares, including the following:
• Review Natural Resource Protection Plan
• Stormwater Pollution Prevention Plan
D
uring construction, we will perform the following archeological tasks to meet permit requirements:
• Archaeological training for each construction crews prior to ground-disturbing activity (up to 20 trainings) • In the event of inadvertent discovery of cultural resources, site visits to assess the nature of the finds. See Task 2 for potential tribal consultation.
• Reporting results of archaeological monitoring and correspondence with USACE regarding inadvertent discoveries A
t the end of the construction phase, the contractor is responsible for vegetation management, trash removal and other permit requirement tasks for the first three years of the plant establishment period. During this period, the Biggs Cardosa Team will complete the following tasks.
• Prepare Biological As-Built Report/Final Construction Report of planting (per LSAA and USACE NWP) • Conduct quarterly visits and prepare Maintenance Memos to review weed control, erosion control measures, trash removal, irrigation, etc during the first three monitoring years after the As- Built Report / Final Construction Report (up to twelve visits)
• P
erform annual monitoring of plant cover, bank stability, plant survival rates, etc. and report to CDFW as required by the LSAA

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At the end of this three year period, the construction contract and the Biggs Cardosa Team contract will be closed out and further plant maintenance and monitoring and reporting will transition to a new contract.

Task 2 – Coordination Services
As construction progresses, we will provide the following services as required:
• Assist City staff with utility relocation coordination with PG&E Gas and CalWater • In the event of inadvertent discoveries during construction, we will coordinate directly with Native American tribes

Task 3 – Clarification and Interpretation of Contract Documents During the construction and plant establishment periods, we will provide written responses to Requests for Information (RFIs) regarding technical matters, including:
• Interpret design intent and technical provisions of the Contract Documents • Provide clarifications and field modifications where required by field conditions

Task 4 – Review of Submittals
Review tasks will include the following:
• Provide technical review of shop drawings, product data, and material submittals, confirming general conformance with Contract Documents and design intent. Reviews are anticipated to typically consist of an initial review and a second review of the final submittal. technical design criteria and engineering judgment • Review deficiencies identified in inspection reports and test results • Complete reviews in accordance with the project schedule to minimize delays

Task 5 – Construction Oversight and Field Visits
Field visits are anticipated as follows:
• Daily during pile installation and pile load testing
• Visits prior to each major concrete placement (deck pours, bent caps, abutments) • Bi-weekly visits during routine construction activities • Additional visits as requested by the City or as warranted by field conditions

Additional and As-Needed Tasks
As-Built Plans: At the end of construction, as-built plans will be prepared in pdf format. In accordance with Caltrans current procedures, record drawings will be prepared in pdf format (not CAD) and will be based on red-marked set of plans provided by the contractor and records that the Biggs Cardosa Team have maintained.

Change Orders and Corrective Actions: Change orders and engineering design to determine corrective actions due to materials and/or contractor's operations not meeting contract requirements may be required as construction progresses.

When these services are required, we will provide engineering advice and technical support for construction change orders, including assisting City staff with preparation of change order documentation and, where appropriate, changes to plans and specifications. We will also provide additional field visits and engineering design to develop correction actions as required.

Since it is not possible at this time to evaluate the level of effort and resulting cost to complete change orders, an allowance is included in the cost estimate. While the hours associated with this allowance are shown in the Biggs Cardosa hourly breakdown, these hours will be distributed to team members as required when the scope of work has been defined. No time will be billed to this allowance prior to our scope being identified and agreed with City staff.

291 of 349

Design Professional Services 2024 Page 1 of 12
Rev 1/24

Key Assumptions:
• Please see the attached fee breakdowns for additional assumptions regarding number of submittals, days of monitoring, etc.
• Construction administration services will be provided by City Construction Manager and Resident Engineer for the project and are excluded from this scope of services. • Structural inspections, all other required inspections will be provided under a separate contract and are excluded from this scope of services.
• Construction is assumed to be performed during the dry seasons of 2026 and 2027, with preconstruction activities prior to April 2026 and completion of construction in early 2028. • Our construction support services fee proposal represents our best estimate of the costs involved. The construction support services costs are highly dependent on the construction schedule, the contractor’s operations, the contractor’s proficiency and performance. For these reasons, we recommend the City include a contingency budget for construction support and other construction phase work, which could be used if more support services are required.

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Design Professional Services 2024 Page 2 of 12
Rev 1/24

EXHIBIT B

PAYMENT RATES

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10/16/25
Estimated Hours and Cost for the Bermuda Drive Bridge (Replace) Prepared for the City of San Mateo
Bridge Construction - Bid and Construction Support Services M. Harms A. Richardson R. Yamamoto
Principal
Associate Engineering Senior Project Staff Junior Senior Project Administrative Total Total Total Manager Engineer Engineer Engineer Engineer Drafter Administrator Assistant BCA BCA Dollars BCA Dollars Direct Rate $142.96 $98.94 $88.85 $68.08 $65.77 $57.69 $40.96 $66.35 $64.04 $41.25 Overhead Rate 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% with OH and Fee Fully Loaded Charge Rate $408.54 $282.74 $253.91 $194.55 $187.95 $164.86 $117.05 $189.61 $183.01 $117.88 $0.00 $0.00 Hours without OH and Fee and escalation 0 96 0 86 0 0 0 0 0 0 0 0 182 $15,353 $45,561
1 Review Natural Resource Protection Plan 16 8 24 $2,128 $6,314 2 Season 1 Archeological Training (assume 10 training sessions) 5 5 $340 $1,010 3 Season 2 Archeological Training (assume 10 training sessions) 5 5 $340 $1,010 4 Archeology Findings Allowance - Assess Finding and Prepare Treatment Plan, Coordinate with Agencies 8 8 16 $1,336 $3,965 5 Archeology Reporting and Coordination to Close Out Permits 12 12 $1,187 $3,523 6 Biological As-Built Report/Final Construction Report 12 12 24 $2,004 $5,948 7 Annual Monitoring and Reporting (Years 1 through 3) 48 48 96 $8,017 $23,791 0 $0 $0
0 68 0 0 0 0 0 0 0 0 0 0 68 $6,728 $19,965
1 Coordinate with PG&E Gas 40 40 $3,958 $11,744
2 Coordinate with CalWater 20 20 $1,979 $5,872
3 Archeology Findings Allowance - Tribal Coordinate 8 8 $792 $2,349 0 $0 $0
0 80 0 120 0 0 0 20 0 0 0 0 220 $17,412 $51,670
1 Respond to RFI's 80 120 20 220 $17,412 $51,670
0 $0 $0
0 100 0 160 0 0 0 0 0 0 0 0 260 $20,787 $61,686
1 Review submittals and shop drawings 80 120 200 $16,085 $47,732 2 Review inspection and testing reports 20 40 60 $4,702 $13,953 0 $0 $0
0 168 0 160 0 0 0 0 0 0 0 0 328 $27,515 $81,651
1 Preconstruction meeting and periodic construction meetings 80 80 160 $13,362 $39,651 2 Site visits and site visit preparation 80 80 160 $13,362 $39,651 3 Field Observation of Construction of Piles (Test Pile, Season 1 (12 piles), Season 2 (10 piles) 8 8 $792 $2,349 0 $0 $0
0 8 380 40 0 0 0 0 0 0 0 0 428 $37,278 $110,624
1 Prepare Record Drawings and Update Project Plans if Required 8 40 48 $3,515 $10,430 2 Allowance for Change Orders 190 190 $16,882 $50,097
3 Allowance for Corrective Actions 190 190 $16,882 $50,097 0 $0 $0

TOTAL HOURS
Subtotal Hours 0 520 380 566 0 0 0 20 0 0 0 0 1486
Total BCA Direct Labor Cost $0
$147,025 $96,484 $110,116 $0 $0 $0 $3,792 $0 $0 $0 $0 $125,072 $371,158 TOTAL HOURS 1486
TOTAL DIRECT LABOR AND DIRECT COSTS (NOT INCLUDING ESCALATION) $125,072 $371,158

BIGGS CARDOSA ASSOCIATES

PRIME CONSULTANT
Task 5 – Construction Oversight and Field Visits
Construction Support (Bridge Construction)
Task 1 – Regulatory Permit Compliance and Task 6 – Biological Support Services Task 2 – Coordination Services
Task 4 – Review of Submittals
Task 3 – Clarification and Interpretation of Contract Documents 4 294 of 349

A. Biggs Cardosa Associates
Total BCA Direct Labor Cost $125,072
Project Escalation (5% ecalation per year, distributed per timing of tasks) $4,808 Overhead $207,536
$337,416
B. Subconsultants 1
$55,724
PARIKH CONSULTANTS (Geotechnical) $32,747
HT HARVEY & ASSOCIATES $202,434
Archeological/Historical Consulants $33,457
B. SUBTOTAL SUBCONSULTANTS ($) $324,362
C. Direct Costs
Plots $0
Reproduction $0
Delivery Services $0
Miscellaneous $0
C. SUBTOTAL DIRECT COSTS ($) $0
TOTALS
A $337,416
FIXED FEE (10.0%) $33,742
B+C $324,362
FEE (0%) $0
TOTAL NOT TO EXCEED = $695,520
1) Includes 0% markup on subconsultant services
A. SUBTOTAL BIGGS CARDOSA ASSOCIATES ($)
BKF ENGINEERS (Civil)
5 295 of 349

10/16/25
Estimated Hours and Cost for the Bermuda Drive Bridge (Replace) Prepared for the City of San Mateo
Bridge Construction - Bid and Construction Support Services BKF
Subconsultant
B.Scott J.Mansfield
Principal
Project Senior Proj Project Engineering Senior Proj Project Design Total Total Total Executive Manager Manager Manager Engineer Engineer Engineer BKF BKF Dollars BKF Dollars Direct Rate $108.54 $93.75 $85.45 $77.92 $74.37 $71.76 $70.82 $52.31 Overhead Rate 199.19% 199.19% 199.19% 199.19% 199.19% 199.19% 199.19% 199.19% 199.19% 199.19% 199.19% 199.19% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% with OH and Fee Fully Loaded Charge Rate $357.21 $308.54 $281.22 $256.44 $244.76 $236.17 $233.07 $172.16 $0.00 $0.00 $0.00 $0.00 Hours without OH and Fee and escalation 0PROJECT MANAGEMENT
Task 1 – Regulatory Permit Compliance and Task 6 – Biological Support Services 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Review Natural Resource Protection Plan 0 $0 $0
2 Season 1 Archeological Training (assume 10 training sessions) 0 $0 $0 3 Season 2 Archeological Training (assume 10 training sessions) 0 $0 $0 4 Archeology Findings Allowance - Assess Finding and Prepare Treatment Plan, Coordinate with Agencies 0 $0 $0 5 Archeology Reporting and Coordination to Close Out Permits 0 $0 $0 6 Biological As-Built Report/Final Construction Report 0 $0 $0 7 Annual Monitoring and Reporting (Years 1 through 3) 0 $0 $0 0 $0 $0
Task 2 – Coordination Services 0 16 0 0 0 0 16 0 0 0 0 0 32 $2,633 $8,928 1 Coordinate with PG&E Gas 8 8 16 $1,317 $4,464
2 Coordinate with CalWater 8 8 16 $1,317 $4,464
3 Archeology Findings Allowance - Tribal Coordinate 0 $0 $0 0 $0 $0
Task 3 – Clarification and Interpretation of Contract Documents 0 12 0 0 0 0 24 12 0 0 0 0 48 $3,452 $11,706 1 Respond to RFI's 12 24 12 48 $3,452 $11,706
0 $0 $0
Task 4 – Review of Submittals 0 8 0 0 0 0 16 8 0 0 0 0 32 $2,302 $7,804 1 Review submittals and shop drawings 8 16 8 32 $2,302 $7,804 2 Review inspection and testing reports 0 $0 $0
0 $0 $0
Task 5 – Construction Oversight and Field Visits 0 36 0 0 0 0 36 12 0 0 0 0 84 $6,552 $22,216 1 Preconstruction meeting and periodic construction meetings 0 $0 $0 2 Site visits and site visit preparation 36 36 12 84 $6,552 $22,216 3 Field Observation of Construction of Piles (Test Pile, Season 1 (12 piles), Season 2 (10 piles) 0 $0 $0 0 $0 $0
Construction Support (Bridge Construction) 0 4 0 0 0 0 4 16 0 0 0 0 24 $1,495 $5,070 1 Prepare Record Drawings and Update Project Plans if Required 4 4 16 24 $1,495 $5,070 2 Allowance for Change Orders 0 $0 $0
3 Allowance for Corrective Actions 0 $0 $0
0 $0 $0

TOTAL HOURS
Subtotal Hours 0 76 0 0 0 0 96 48 0 0 0 0 220
Total Direct Labor Cost $0
$23,449 $0 $0 $0 $0 $22,375 $8,264 $0 $0 $0 $0 $16,435 $55,724 TOTAL HOURS 220
TOTAL DIRECT LABOR AND DIRECT COSTS (NOT INCLUDING ESCALATION) $16,435 $55,724 A. BKF
Total Direct Labor Cost $16,435
Project Escalation (5% ecalation per year, assume 50% 2026, 40% 2027, 10% 2028) $497 Overhead $33,726
$50,658
B. Subconsultants 1
B. SUBTOTAL SUBCONSULTANTS ($) $0
C. Direct Costs
Plots $0
Reproduction $0
Delivery Services $0
Miscellaneous $0
C. SUBTOTAL DIRECT COSTS ($) $0
TOTALS
A $50,658
FIXED FEE (10.0%) $5,066
B+C $0
FEE (0%) $0
TOTAL NOT TO EXCEED = $55,724
A. SUBTOTAL BKF ($)
6 296 of 349

10/16/25
Estimated Hours and Cost for the Bermuda Drive Bridge (Replace) Prepared for the City of San Mateo
Bridge Construction - Bid and Construction Support Services Parikh Consultants
Subconsultant
Project Sr. Project EngineerSr. Project Project Staff Field Engineer Senior Drafting/ Total Total Total Manager /QA QC ManagerEngineer/Geologist Geologist Engineer /Geologist Technician Cadd Tech Parikh Parikh Dollars Parikh Dollars Direct Rate $113.88 $87.56 $82.50 $60.00 $50.00 $62.50 $40.00 $47.50 Overhead Rate 177.25% 177.25% 177.25% 177.25% 177.25% 177.25% 177.25% 177.25% 177.25% 177.25% 177.25% 177.25% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% with OH and Fee Fully Loaded Charge Rate $347.31 $267.04 $251.60 $182.99 $152.49 $190.61 $121.99 $144.86 $0.00 $0.00 $0.00 $0.00 Hours without OH and Fee and escalation 0PROJECT MANAGEMENT
Task 1 – Regulatory Permit Compliance and Task 6 – Biological Support Services 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Review Natural Resource Protection Plan 0 $0 $0
2Season 1 Archeological Training (assume 10 training sessions) 0 $0 $0 3 Season 2 Archeological Training (assume 10 training sessions) 0 $0 $0 4 Archeology Findings Allowance - Assess Finding and Prepare Treatment Plan, Coordinate with Agencies 0 $0 $0 5 Archeology Reporting and Coordination to Close Out Permits 0 $0 $0 6 Biological As-Built Report/Final Construction Report 0 $0 $0 7 Annual Monitoring and Reporting (Years 1 through 3) 0 $0 $0 0 $0 $0
Task 2 – Coordination Services 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Coordinate with PG&E Gas 0 $0 $0
2Coordinate with CalWater 0 $0 $0
3 Archeology Findings Allowance - Tribal Coordinate 0 $0 $0 0 $0 $0
Task 3 – Clarification and Interpretation of Contract Documents 0 16 0 0 16 0 0 0 0 0 0 0 32 $2,201 $6,880 1 Respond to RFI's 16 16 32 $2,201 $6,880
0 $0 $0
Task 4 – Review of Submittals 0 16 0 0 0 0 0 0 0 0 0 0 16 $1,401 $4,379 1 Review submittals and shop drawings 16 16 $1,401 $4,379 2Review inspection and testing reports 0 $0 $0
0 $0 $0
Task 5 – Construction Oversight and Field Visits 2 18 16 0 0 60 0 0 0 0 0 0 96 $6,874 $21,488 1 Preconstruction meeting and periodic construction meetings 2 2 $175 $547 2Site visits and site visit preparation 2 8 10 $928 $2,902 3 Field Observation of Construction of Piles (Test Pile, Season 1 (12 piles), Season 2 (10 piles) 8 16 60 84 $5,770 $18,038 0 $0 $0
Construction Support (Bridge Construction) 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Prepare Record Drawings and Update Project Plans if Required 0 $0 $0 2 Allowance for Change Orders 0 $0 $0
3 Allowance for Corrective Actions 0 $0 $0
0 $0 $0

TOTAL HOURS
Subtotal Hours 2 50 16 0 16 60 0 0 0 0 0 0 144
Total Direct Labor Cost
$695 $13,352 $4,026 $0 $2,440 $11,437 $0 $0 $0 $0 $0 $0 $10,476 $32,747 TOTAL HOURS 144
TOTAL DIRECT LABOR AND DIRECT COSTS (NOT INCLUDING ESCALATION) $10,476 $32,747 A. Parikh
Total Direct Labor Cost $10,476
Project Escalation (5% ecalation per year, assume 50% 2026, 50% 2027) $262 Overhead $19,032
$29,770
B. Subconsultants 1
B. SUBTOTAL SUBCONSULTANTS ($) $0
C. Direct Costs
Mileage 250 $0
GIS $0
Delivery Services $0
Miscellaneous $0
C. SUBTOTAL DIRECT COSTS ($) $0
TOTALS
A $29,770
FIXED FEE (10.0%) $2,977
B+C $0
FEE (0%) $0
TOTAL NOT TO EXCEED = $32,747
A. SUBTOTAL PARIKH ($)
7 297 of 349

10/16/25
Estimated Hours and Cost for the Bermuda Drive Bridge (Replace) Prepared for the City of San Mateo
Bridge Construction - Bid and Construction Support Services H. T. HARVEY & ASSOCIATES
Subconsultant
Principal Senior Associate Senior Senior Ecologist 2 Ecologist 1 Field Field Senior GIS Analyst Technical Senior Tech Technical Clerical Total Total Total Associate Ecologist 2 Ecologist 1 Biologist 2 Biologist 1 GIS Analyst Editor Support Support HTH HTH Dollars HTH Dollars Direct Rate $120.91 $65.38 $59.86 $55.05 $50.48 $46.15 $42.07 $37.98 $34.00 $59.86 $46.15 $55.05 $55.05 $42.00 $23.75 Overhead Rate 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% 224.00% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% with OH and Fee Fully Loaded Charge Rate $430.92 $233.01 $213.34 $196.20 $179.91 $164.48 $149.94 $135.36 $121.18 $213.34 $164.48 $196.20 $196.20 $149.69 $84.65 Hours without OH and Fee and escalation 0PROJECT MANAGEMENT
Task 1 – Regulatory Permit Compliance and Task 6 – Biological Support Services 32 48 40 126 7 426 0 0 0 34 0 0 8 2 0 723 $38,911 $155,839 1 Review Natural Resource Protection Plan 4 20 20 20 2 2 68 $3,899 $15,615 2 Season 1 Archeological Training (assume 10 training sessions) 0 $0 $0 3 Season 2 Archeological Training (assume 10 training sessions) 0 $0 $0 4 Archeology Findings Allowance - Assess Finding and Prepare Treatment Plan, Coordinate with Agencies 0 $0 $0 5 Archeology Reporting and Coordination to Close Out Permits 0 $0 $0 6 Biological As-Built Report/Final Construction Report 4 8 16 7 46 10 1 92 $5,017 $20,095 7 Annual Monitoring and Reporting (Years 1 through 3) 24 40 20 90 360 24 5 563 $29,995 $120,129 0 $0 $0
Task 2 – Coordination Services 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Coordinate with PG&E Gas 0 $0 $0
2 Coordinate with CalWater 0 $0 $0
3 Archeology Findings Allowance - Tribal Coordinate 0 $0 $0 0 $0 $0
Task 3 – Clarification and Interpretation of Contract Documents 4 2 8 16 0 0 0 0 0 0 0 0 0 2 0 32 $2,058 $8,243 1 Respond to RFI's 4 2 8 16 2 32 $2,058 $8,243
0 $0 $0
Task 4 – Review of Submittals 4 0 8 16 0 10 0 0 0 0 0 0 0 4 0 42 $2,473 $9,904 1 Review submittals and shop drawings 4 8 16 10 4 42 $2,473 $9,904 2 Review inspection and testing reports 0 $0 $0
0 $0 $0
Task 5 – Construction Oversight and Field Visits 2 0 12 8 28 10 0 0 0 0 0 0 0 0 0 60 $3,275 $13,118 1 Preconstruction meeting and periodic construction meetings 4 8 12 $643 $2,576 2 Site visits and site visit preparation 2 8 8 20 10 48 $2,632 $10,542 3 Field Observation of Construction of Piles (Test Pile, Season 1 (12 piles), Season 2 (10 piles) 0 $0 $0 0 $0 $0
Construction Support (Bridge Construction) 4 0 8 0 8 16 0 0 0 0 0 0 1 2 0 39 $2,244 $8,986 1 Prepare Record Drawings and Update Project Plans if Required 4 8 8 16 1 2 39 $2,244 $8,986 2 Allowance for Change Orders 0 $0 $0
3 Allowance for Corrective Actions 0 $0 $0
0 $0 $0

TOTAL HOURS
Subtotal Hours 46 50 76 166 43 462 0 0 0 34 0 0 9 10 0 896 Total Direct Labor Cost $19,822 $11,651 $16,214 $32,569 $7,736 $75,989 $0 $0 $0 $7,254 $0 $0 $1,766 $1,497 $0 $48,961 $196,090 TOTAL HOURS 896
TOTAL DIRECT LABOR AND DIRECT COSTS (NOT INCLUDING ESCALATION) $48,961 $196,090 A. HTH
Total Direct Labor Cost $48,961
Project Escalation (5% ecalation per year, distributed per timing of tasks) $6,058 Overhead $123,244
$178,264
B. Subconsultants 1
B. SUBTOTAL SUBCONSULTANTS ($) $0
C. Direct Costs
Mileage 5071.9 $5,072
GIS 772 $772
Delivery Services $0
Miscellaneous 500 $500
C. SUBTOTAL DIRECT COSTS ($) $6,344
TOTALS
A $178,264
FIXED FEE (10.0%) $17,826
B+C $6,344
FEE (0%) $0
TOTAL NOT TO EXCEED = $202,434
1) Includes 0% markup on subconsultant services
A. SUBTOTAL HTH ($)
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Estimated Hours and Cost for the Bermuda Drive Bridge (Replace) Prepared for the City of San Mateo
Bridge Construction - Bid and Construction Support Services A/HC
Subconsultant
D. Shoup
Principal
Archaeologist Archaeologist Archaeologist Field Total Total Total III II I Technician A/HC A/HC Dollars A/HC Dollars
Direct Rate $82.00 $48.25 $39.00 $36.00 $34.00
Overhead Rate 118.00% 118.00% 118.00% 118.00% 118.00% 118.00% 118.00% 118.00% 118.00% 118.00% 118.00% 118.00% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% with OH and Fee Fully Loaded Charge Rate $196.64 $115.70 $93.52 $86.33 $81.53 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hours without OH and Fee and escalation 0PROJECT MANAGEMENT
Task 1 – Regulatory Permit Compliance and Task 6 – Biological Support Services 64 98 16 0 0 0 0 0 0 0 0 0 178 $10,601 $26,055 1 Review Natural Resource Protection Plan 0 $0 $0
2 Season 1 Archeological Training (assume 10 training sessions) 22 32 54 $3,348 $8,229 3 Season 2 Archeological Training (assume 10 training sessions) 22 32 54 $3,348 $8,229 4 Archeology Findings Allowance - Assess Finding and Prepare Treatment Plan, Coordinate with Agencies 16 32 16 64 $3,480 $8,554 5 Archeology Reporting and Coordination to Close Out Permits 4 2 6 $425 $1,043 6 Biological As-Built Report/Final Construction Report 0 $0 $0 7 Annual Monitoring and Reporting (Years 1 through 3) 0 $0 $0 0 $0 $0
Task 2 – Coordination Services 8 20 20 0 0 0 0 0 0 0 0 0 48 $2,401 $5,902 1 Coordinate with PG&E Gas 0 $0 $0
2 Coordinate with CalWater 0 $0 $0
3 Archeology Findings Allowance - Tribal Coordinate 8 20 20 48 $2,401 $5,902 0 $0 $0
Task 3 – Clarification and Interpretation of Contract Documents 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Respond to RFI's 0 $0 $0
0 $0 $0
Task 4 – Review of Submittals 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Review submittals and shop drawings 0 $0 $0
2 Review inspection and testing reports 0 $0 $0
0 $0 $0
Task 5 – Construction Oversight and Field Visits 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Preconstruction meeting and periodic construction meetings 0 $0 $0 2 Site visits and site visit preparation 0 $0 $0
3 Field Observation of Construction of Piles (Test Pile, Season 1 (12 piles), Season 2 (10 piles) 0 $0 $0 0 $0 $0
Construction Support (Bridge Construction) 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 1 Prepare Record Drawings and Update Project Plans if Required 0 $0 $0 2 Allowance for Change Orders 0 $0 $0
3 Allowance for Corrective Actions 0 $0 $0
0 $0 $0

TOTAL HOURS
Subtotal Hours 72 118 36 0 0 0 0 0 0 0 0 0 226
Total Direct Labor Cost
$14,158 $13,653 $3,367 $0 $0 $0 $0 $0 $0 $0 $0 $0 $13,002 $31,957 TOTAL HOURS 226
TOTAL DIRECT LABOR AND DIRECT COSTS (NOT INCLUDING ESCALATION) $13,002 $31,957 A. A/HC
Total Direct Labor Cost $13,002
Project Escalation (5% ecalation per year, assume 50% 2026, 50% 2027) $325 Overhead $15,725
A. SUBTOTAL AHC ($) $29,052
B. Subconsultants 1
B. SUBTOTAL SUBCONSULTANTS ($) $0
C. Direct Costs
Mileage & Tolls 20 field visits @ $75 750 750 $1,500
Reproduction $0
Delivery Services $0
Miscellaneous $0
C. SUBTOTAL DIRECT COSTS ($) $1,500
TOTALS
A $29,052
FIXED FEE (10.0%) $2,905
B+C $1,500
FEE (0%) $0
TOTAL NOT TO EXCEED = $33,457
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Local Assistance Procedures Manual
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant2nd Tier Subconsultant Consultant: Biggs Cardosa Associates
Project No. Contract No. Date 10/16/2025
Hours Actual
Hourly Rate Total
Principal 142.96$
-$
Associate/Project Manager 520 98.94$ 51,448.80$ Senior Engineer/Deputy PM 566 68.08$ 38,533.28$ Associate 104.42$ -$
Engineering Manager 380 88.85$ 33,763.00$
Senior Engineer 78.75$ -$
Project Engineer 65.77$ -$
Staff Engineer 57.69$ -$
Assistant Engineer 49.04$ -$
Junior Engineer 40.96$ -$
Senior CAD/BIM Specialist 20 66.35$ 1,327.00$
Project Administrator 64.04$ -$
Administrative Assistant 41.25$ -$

LABOR COSTS
125,072.08$
4,808.26$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 129,880.34$

INDIRECT COSTS

56.00% ) e) Total Fringe Benefits [(c) x (d)] 72,732.99$ 103.79% ) g) Overhead [(c) x (f)] 134,802.81$
) i) Gen & Admin [(c) x (h)] -$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 207,535.80$
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 33,741.61$ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
EA. -$
Mo -$
EA. -$
EA. -$
l) TOTAL OTHER DIRECT COSTS -$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) BKF ENGINEERS (Civil) $55,724
PARIKH CONSULTANTS (Geotechnical) $32,747
HT HARVEY & ASSOCIATES $202,434
Archeological/Historical Consulants $33,457
m) TOTAL SUBCONSULTANTS' COSTS $324,362
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] 324,361.90$ TOTAL COST [(c) + (j) + (k) + (n)] 695,519.66$
NOTES:

1. 2.

Note: Mark-ups are Not Allowed
BRLS-5102(049) 462250

DIRECT LABOR
Classification/Title Name
Ross Yamamoto
Mahvash Harms
Anthony Richardson
a) Subtotal Direct Labor Costs
Subconsultant 1:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Deliveries and Postage
Field Vehicle, Insurance & Gas
Travel (Lodging Meals and Incidentals)
Title Reports
b) Anticipated Salary Increases (see page 2 for calculation) Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
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3. Anticipated salary increases calculation (page 2) must accompany. 11 301 of 349

Consultant
Project No. Contract No. Date 10/16/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 125,072.08 = $ 84.17 Year 1 Avg Hourly Rate Avg Hourly Rate
Year 1 $ 84.17 + = $ 88.38 Year 2 Avg Hourly Rate Year 2 $ 88.38 + = $ 92.79 Year 3 Avg Hourly Rate Year 3 $ 92.79 + = $ 97.43 Year 4 Avg Hourly Rate $ 97.43 + = $ 102.31 Year 5 Avg Hourly Rate Year 4 $ 102.31 + = $ 107.42 Year 6 Avg Hourly Rate Total Hours
per Year
Year 1 50.00% * = 743.0 Estimated Hours Year 1
Year 2 34.00% * = 505.2 Estimated Hours Year 2
Year 3 10.00% * = 148.6 Estimated Hours Year 3
Year 4 3.00% * = 44.6 Estimated Hours Year 4
Year 5 3.00% * = 44.6 Estimated Hours Year 5
Total 100% = 1486.0
Year 1 $ 84.17 * = $ 62,536.04 Estimated Hours Year 1 Year 2 $ 88.38 * = $ 44,650.73 Estimated Hours Year 2 Year 3 $ 92.79 * = $ 13,789.20 Estimated Hours Year 3 Year 4 $ 97.43 * = $ 4,343.60 Estimated Hours Year 4 Year 5 $ 102.31 * = $ 4,560.78 Estimated Hours Year 5 = $ 129,880.34
= $ 125,072.08
= $ 4,808.26 Transfer to Page 1
NOTES:

1. 2.

3. 4.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)
per Cost Proposal per Cost Proposal
1486

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Biggs Cardosa Associates
BRLS-5102(049) 462250
Direct Labor Subtotal Total Hours

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
Proposed Escalation
5%
5%
5%
5%
5%
Cost per Year
(calculated above) (calculated above)
1486.0
1486.0
1486.0
1486.0
1486.0
Total
Certification of Direct Costs:

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 743
505
149
45 45
Total Direct Labor Cost with Escalation

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
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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. If a Notice

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of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

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 nece ssary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-4677 File ID: 25-10617 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: December 01, 2025
SUBJECT:

Permitting Support for Citywide Creeks Maintenance Program — Appropriation and Agreement RECOMMENDATION:

Adopt a Resolution to appropriate $66,000 from the unassigned fund balance of the Storm Fund to the Stormwater Pollution operating budget; approve an agreement with Montrose Environmental Solutions, Inc. to provide professional consulting for the Citywide Creeks Maintenance Program in the amount of $331,987; approve a 10% contingency reserve in the amount of $33,200; and authorize the Public Works Director to execute the agreement in substantially the form presented and execute any future amendments within the contingency amount, including no-cost term extension amendments.

BACKGROUND:

Maintenance of creeks and channels within the City generally comprises vegetation management, sediment and debris removal, and miscellaneous routine maintenance and repair activities. Each of these activities typically requires permits from four or more regulatory agencies including, but not limited to, U.S. Army Corps of Engineers, California Department of Fish and Wildlife, California State Water Resources Control Board, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the Bay Conservation and Development Commission. Preparation of each of these relevant permits can include assessments related to biological, cultural, and tribal resources. The performance of relatively straightforward maintenance activities on a location-by-location basis is therefore a staff- and time-intensive effort. The City therefore seeks a multi-agency regulatory permit which would allow the City to operate a general maintenance program on an as- needed basis for City-managed creeks and channels. In addition, the City is seeking a consultant to prepare a project- specific permit for maintenance of a segment of the 16th Avenue Channel, as well as preparation of guidance which would be available as a resource for private property owners who are responsible for maintaining private creeks and channels within the City.

On September 29, 2025, the City issued a Request for Proposals for professional consulting services to perform the permitting support for the Citywide Creeks Maintenance Program. Three proposals were received by the due date of October 30, 2025. These proposals were received by Montrose Environmental ($331,981), Nichols Consulting Engineers ($912,105), and Soar Environmental Consulting ($430,564). After scoring the proposals based on staff knowledge and experience working on similar projects in the Bay Area, as well as conducting interviews of shortlisted firms, staff determined that Montrose Environmental Solutions, Inc. was the most qualified firm due to their technical expertise and relevant experience. This is a critically important effort for the City. Without receipt of regulatory permits, the City cannot perform necessary maintenance on creeks and channels. Staff therefore recommend awarding a professional consulting agreement to Montrose Environmental Solutions, Inc. The agreement term will extend from December 2025 to June 2027.

BUDGET IMPACT:

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CITY OF SAN MATEO
This work was partially budgeted in the Fiscal Year 2025-26 Stormwater Pollution operating budget in the Storm Fund, however, there are not sufficient funds to fully cover the anticipated cost of services planned through the end of the fiscal year. A supplemental budget appropriation of $66,000 from the unassigned fund balance of the Storm Fund is needed.

Sufficient funds are available in the Storm Fund balance for this appropriation. Funding for the subsequent years of the agreement will be addressed through the budget development process.

ENVIRONMENTAL DETERMINATION:

Approval of this agreement is not a project subject to CEQA, because it constitutes an administrative activity related to retaining professional services for environmental and regulatory permitting support that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) The consultant’s work will include preparation of CEQA documentation to evaluate potential environmental impacts of routine creek maintenance work. No approval of a project or commitment to a defined physical activity is being made at this time, and a separate CEQA determination will be made prior to any project approval. In addition, approval of a budget appropriation from an unassigned fund balance of the Storm 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 – Agreement

STAFF CONTACT
Sven Edlund
[email protected]
650-522-7296

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5 CITY OF SAN MATEO
RESOLUTION NO. ___(2025)
AUTHORIZATING AN APPROPRIATION IN THE AMOUNT OF $66,000 FROM THE UNASSIGNED FUND BALANCE

OF THE STORM 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 seeks consultant support for a multi-agency regulatory permit which would allow the City to operate a general maintenance program on an as-needed basis for City-managed creeks and channels; and
WHEREAS, the City would like to enter into an agreement for Permitting Support for Citywide Creeks Maintenance Program with Montrose Environmental; and
WHEREAS, the cost for these services exceeded the available Fiscal Year 2025-26 Stormwater Pollution operating budget in the Storm Fund and an appropriation in the amount of $66,000 is needed; and WHEREAS, an amendment to the Fiscal Year 2025-26 operating budget is necessary to address funding of those services; and
WHEREAS, sufficient funds are available in the unassigned fund balance of the Storm 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 $66,000 from the unassigned fund balance of the Storm Fund to the Public Works Stormwater Pollution operating budget in the Storm Fund is authorized.

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6 AGREEMENT WITH MONTROSE ENVIRONMENTAL SOLUTIONS, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

PERMITTING SUPPORT FOR CITYWIDE CREEKS MAINTENANCE PROGRAM 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 MONTROSE ENVIRONMENTAL SOLUTIONS, INC., a C Corporation (“CONSULTANT”), whose address is 1 Kaiser Plaza, Suite 340, Oakland, CA 94612.

RECITALS:

A. CITY desires certain professional services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of this agreement 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 $331,987 pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

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

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

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

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

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

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

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

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

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6 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: Sven Edlund
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Montrose Environmental Solutions, Inc.

Attn: Ken Schwarz
1 Kaiser Plaza, Suite 340
Oakland, CA 94612
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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6 SECTION 23 - CONFLICTS
In the event of any conflict between the provisions of this Agreement and any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.

SECTION 24 - 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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6 IN WITNESS WHEREOF, CITY OF SAN MATEO and MONTROSE ENVIRONMENTAL SOLUTIONS, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry, PE
Public Works Director
Date Ken Schwarz, PhD
Its Authorized Agent
Principal
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: Fee Rates
Exhibit C: Insurance Requirements

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6 EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the City of San Mateo with services related to obtaining all applicable Routine Maintenance Agreements and permits with regulatory agencies, including, but not limited to the U.S.

Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), and California Fish and Wildlife (CDFW). Permits shall provide coverage allowing for maintenance activities performed by the City at public waterways and by property owners of private creeks.

At a minimum, all Proposers shall submit a proposal responding to the entire Scope of Services.

However, Proposers may recommend changes and include alternatives to the Scope of Services if (1) additional tasks are required by laws or regulations, (2) tasks below are not specifically required by laws or regulations, or (3) tasks below can be modified to meet the City’s above-stated objectives.

A.Project Management.

This task includes but is not limited to:
Developing and maintaining a master project schedule, including timelines for review of major deliverables
Leading a kick-off meeting as well as regularly scheduled meetings, including preparation of agendas and meeting minutes, to introduce the project strategy and schedule, and update the City on progress for key milestones
Preparing monthly progress reports and invoices
Coordinating the project team, including staff and subconsultant firms, and managing all work Monitoring all project activities and implementing quality assurance and quality control protocols and standards
Assembling and maintaining project files within a file sharing service that includes all documentation and data resulting from, or related to, the Consultant’s services for the project, including, but not limited to, survey files, documented assumptions, working drawings, meeting minutes, all correspondence, video libraries, etc.
Attending meetings with regulatory agencies, as necessary, to introduce or resolve items related to permitting
Anticipated Deliverables:
Project Schedule
Progress Reports
Meeting Minutes
B.Prepare Supporting Documents (Environmental Assessments, Biological Resources, Citywide Creeks Maintenance Plan, etc.).

This task includes, but is not limited to:

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6 Preparing Environmental Assessments and Studies as required for the California Environmental Quality Act (CEQA) determination including but not limited to:
i. Biological Resources Study
ii. Mitigation Plan
iii. Cultural Resources Assessment
Preparing a Citywide Creeks Maintenance Plan (CMP) that provides details for how maintenance activities will be conducted at locations with similar issues (dense vegetation growth, erosion scouring the creek bank, sediment removal). The CMP will describe the methods/BMPs used in performing the work consistent with permit requirements. The CMP will also provide criteria for determining when mitigation is required as part of the maintenance action. The CMP should additionally establish criteria for what would constitute an “emergency situation” (as defined in USACE Regional General Permit No. 5 [RGP-5]) that would involve conducting maintenance actions prior to obtaining the permit or actions outside the permit requirements.
Preparing a draft Project Description, consistent with the requirements of CEQA Guideline Section 15124, which will form the basis from which to engage resource agencies, initiate impact evaluations, and to prepare permit applications. Preparing a draft Initial Study/Mitigated Negative Declaration (IS/MND) or Environmental Impact Report (EIR), depending upon what may be appropriate based on consultant’s review of the intended maintenance work discussed in Exhibit A, Table 1 and other typical routine maintenance work for creeks and channels.
Preparing a draft Response to Comments. Addressing comments from City staff on draft deliverables prepared as part of this Task.
Preparing all draft and final notices as required (Notice of Intent, Notice of Completion, Notice of Determination, etc).

Anticipated Deliverables:
Draft and Final Project Description
Draft and Final IS/MND or EIR
Draft and Final Response to Comments
Draft and Final Biological Resources Study and any other Technical Studies as may be required as supporting documents to support the regulatory permitting. Draft and Final Creeks Maintenance Plan
C.General Citywide Creek Maintenance Permit Application.

This task includes preparing and submitting the permit application materials for a programmatic general permit that allows City staff to perform maintenance activities at multiple locations at creeks and channels citywide in accordance with the CMP for a period of five years. The permit will allow the City to maintain priority locations described in Exhibit A, Table 1 as well as other

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6 maintenance needs as they arise. This task includes preparing cover letters, filling out required forms, and preparing permit application packages including any required documentation for the following permits:
Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification permit US Army Corps of Engineers (USACE) Section 404 permit
California Department of Fish and Wildlife (CDFW) 1602 Lake and Streambed Alteration (LSA) Agreement
Others as may be identified by the consultant which are necessary to permit routine maintenance work.

Additional agencies may need to be contacted to confirm they do not have interests or jurisdiction for these projects (e.g. Bay Conservation & Development Commission, State Tidelands Commission, and the United States Fish and Wildlife Service). Consultant will prepare a draft permit package for City review for each of the above listed permits and agreements.

Anticipated Deliverables:
Draft and Final RWQCB Section 401 permit package
Draft and Final USACE Section 404 permit package
Draft and Final CDFW 1602 LSA permit package
Others as may be identified by the consultant which are necessary to permit routine maintenance work.

D.Project-Specific Permit Application: 16 th Ave Channel.

The 16th Avenue Channel is identified as a priority maintenance location and the City desires to expedite maintenance work along a segment of this channel. With that goal in mind, the City would like to consider submission of a separate, stand-alone maintenance permit application specific for this project. This task includes preparation of the regulatory applications to allow maintenance to occur sooner at the 16th Avenue Channel. This segment has an abundance of Giant Reed (Arundo donax) growth that obstructs water flow. Flowing eastward, this channel eventually becomes Leslie Creek, which feeds into the Marina Lagoon and ultimately drains into the San Francisco Bay.

Anticipated Deliverables:
Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification permit
US Army Corps of Engineers (USACE) Section 404 permit
California Department of Fish and Wildlife (CDFW) 1602 Lake and Streambed Alteration (LSA) Agreement

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6 E.Prepare Electronic Guidance for Property Owners of Private Creeks.

An electronic guide document for Creekside homeowners with practical information regarding proper care, preventative maintenance, and if necessary, restoration of their creek bank. This would be targeted for creeks which are privately owned and maintained. The guide should provide the following:
Provide clear direction/guidance for what maintenance activities are permissible and what are not in accordance with the permit.
Define the physical areas of the creek that define the limits of the maintenance actions (creek channel, riparian corridor, upland area).
Inform owner the need for permits from multiple regulatory agencies for most creek maintenance activities and how to apply for a permit prior to any vegetation/sediment removal or bank stabilization work.
Pruning of vegetation and limits on removal of trees.
Inform homeowners about causes and effects of erosion. Guidance for both preventing erosion and acceptable methods for stabilizing a bank experiencing erosion.
The guidelines should be consistent with City permit conditions. Provide homeowners with agency contacts and available resources.

F.Emergency Event Permitting Guidance.

Prior to obtaining the Citywide Creeks Maintenance Permit, a storm event may be forecasted likely having the potential to cause significant flood damage at one or more of the priority maintenance locations. Using the decision criteria from the Creek Maintenance Plan (Task B) the City would determine whether an event qualifies as an emergency situation and would decide to act proactively and take action. For this task, the City seeks guidance from the consultant in identifying what documentation, photographic evidence, and reporting requirements are needed during and following the maintenance action in order to meet permit conditions as an emergency situation under the USACE Regional General Permit 5 (RGP-5).

The guidance should be comprehensive to all the tasks that may be necessary to support a retroactive permit, which may include but not limited to:
Notification of Regulatory Agencies:
oUSACE District Engineer
oCalifornia Department of Fish and Wildlife (CDFW)
oRegional Water Quality Control Board (RWQCB)
San Mateo County Environmental Health Department Required Documentation oMaintenance Action Report

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6 oEnvironmental Impact Assessment
oPost-Action Monitoring Plan
Permit Application:
oRGP-5 Application:
oNotice of Intent
oIncluding other regulatory agencies permit applications.

Anticipated Deliverables:
Memorandum summarizing criteria which could warrant emergency action, and what notifications, documentation, and permits are necessary following an emergency action in a creek or channel.

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6 EXHIBIT A, TABLE 1

PRIORITY MAINTENANCE LOCATIONS AND ACTIVITIES
Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High 40th & 41st
(The Ducks)

37.533908 -122.289191 Natural Vegetation
management
Vegetation removal on both
banks. Remove vegetation to
reduce hydraulic roughness and
increase conveyance capacity.
1-2x/yr
High 40th & 41st
(The Ducks)

37.533908 -122.289191 Concrete Sediment
removal
Remove 6-12 inches of sediment
from right culvert and 2 feet from
left culvert. Remove sediment
accumulated along interior
channel bend as needed.

Maintain after initial sediment
removal.
1x/2-3 yr
depending on
storm activity
High Laurel Creek
@ 39th/40th
Ave

37.534922 -122.289212 Concrete Sediment and
vegetation
removal
Sediment/gravel accumulation
100-200 ft long, 5-15 ft. wide,
approximately 2-3 ft deep in
concrete channel. Approx 75 CY
of material to remove.

Equipment to include mini
excavator, large excavator,
tracked bobcat, and multiple
dump trucks Access road also
requires mowing and scraping.
1x – then
annual
inspection
High 19th Ave
Channel/
Pacific Blvd

37.550556 -122.308067 Concrete
bank and
bottom
Sediment and
vegetation
removal
Accumulated sediment and
debris have reduced conveyance
capacity in the concrete channel
and caused localized flooding and
property damage (January 2023).

Channel work location is within
CalTrain ROW and access is
limited to 3 gates in the fencing.
1x/year
depending on
storm activity

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6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
An excavator with an extended
boom cannot be used due to the
electrical wires overhead for the
train. The only feasible method
requires operating a Bobcat in
the channel to move material to
the 3 access gates. If necessary,
water would be diverted from
the channel prior to Bobcat use,
material would be collected by
short-boom excavator positioned
at the access gate, transferring
material to dump trucks and
transported off-site. Work will
remove rock/gravel accumulation
from approx. 14,000 sq ft of
concrete channel (1,400 ft long
by 10 ft wide).

High Otay (Laurel
Creek)

37.538733 -122.291324 Open
Channel
Rock and
gravel, and
random
vegetation
Sediment removal and
vegetation as needed. Additional
things to consider: Fix bank (get
credit), log crib wall (resistant),
toe rock, boulder/soil lifts,
compacted earth.
2–6-year clear
channel; 4-6
years clear
out culvert.

High Dalehurst
Dam
(East Laurel
Creek Dam)

37.5251 -122.312253 Earthen
channel
within
basin
Sediment/gra
vel AND
Vegetation
removal
Sediment/gravel and vegetation
removal. Especially in front of
trash rack. Need to re-create
channel in center of channel.

Everything can be done from
TOB.
1x/year

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6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High Laurelwood
Dam Trash
Rack

37.52679 -122.319555 Earthen
channel
within
storm
basin
Sediment
removal
Laurelwood Dam is a stormwater
basin that regulates downstream
runoff during storms to prevent
flooding. Accumulated sediment
and debris in trash rack restricts
outflows causing higher water
levels in basin and increasing risk
of spillway activation which
would cause downstream
flooding. A long-boom excavator
will operate from above the
channel to sediment and debris
from trash rack. Material inside
trash rack will be removed by
hand with shovels. The work
area is approx. 20 ft by 40 ft. (800
sq ft). Work will only be
conducted during low flow and
dry periods. A silt fence will be
placed across the channel
immediately downstream of the
work area to prevent sediment
transport during the work.

Support wall by trash rack is
eroding away and requires
repair.
1x/2-3yr
depending on
storm activity
High San Mateo
Creek under
3rd Ave
overpass

37.569447 -122.317143 Earthen
modified
channel
Sediment and
vegetation
removal
Sediment and vegetation
removal at culvert crossing due
to reduced capacity. Potential
opportunity to partner with One
Shoreline.
1x/2-3 yrs
depending on
storm activity

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6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High Poplar Golf
Course

37.58074 -122.32399 Concrete
channel
Overgrown
vegetation at
concrete
portion
Vegetation removal to end of
concrete channel portion
1x/yr
Medium Coyote Trash
Rack

37.587363 -122.332169 Engineer
ed basin
Sediment and
vegetation
removal
Vegetation (arundo) and
sediment removal. Vegetation
management from TCD to pump
station. Need to create access
road to reach work site.
1x/year
Medium Serra HS
Trash Rack
and Culvert

37.544782 -122.319307 Modified
earthen
channel
with
riprap
banks
Sediment and
vegetation
removal
Sinkhole upstream of Alameda de
las Pulgas Rd. generated
abundant sediment which
deposited in road culvert and
area downstream that is
upstream of the Serra HS trash
rack. Conveyance capacity in
culvert is greatly reduced, only 1
ft of available conveyance depth.

Work would excavate
accumulated sediment and
create an “instream basin”
downstream of culvert to collect
additional eroded material
expected to deposit. Sediment
and vegetation at trash rack and
upstream would be removed. A
long reach excavator from the
top of bank will be used. A
vactor truck from top of bank will
also be used to remove material
inaccessible by the excavator.
1x/2-3yr
depending on
storm activity

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6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
Work will remove approx. 10-20
cubic yds of sediment and
vegetative debris from approx.
800 sq ft of channel area.

Low Arroyo Ct 37.563174 -122.327154 Earthen
modified
channel
Sediment and
vegetation
removal
Vegetation pruning and removal
at targeted choke points.

Additional sediment removal at
targeted locations to increase
conveyance capacity. Approach
is constrained due to opposite
constructed streambank at
apartment complex.
1x then
monitoring
Low La Casa 37.523351 -122.302917 Natural
creek
Vegetation
management
Vegetation removal to remove
channel blockage and increase
conveyance capacity.
1x then
monitoring
Low Norton St.
(Soundwall)

37.566102 -122.308229 Earthen
modified
channel
Vegetation
management
Vegetation clearing and flap gate
replacement/repair
1x/year

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6 Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
Low Airport Blvd
Trash Rack

37.586219 -122.330424 Construct
ed trash
rack
Vegetation
management
Overgrown cattails to be
removed from uplands adjacent
to channel, and not in Caltrans
jurisdiction
1x then
monitoring
Table 2. Project-Specific Permit Application: 16th Ave Channel Priority Maintenance
Location
Latitude Longitude Channel
Type
Maintenance
Need
Work Description Maintenance
Frequency
High 16th Avenue
Channel at S.

Delaware St.

37.556667 -122.309635 Concrete
bank/Natural
Vegetation
management
Work would remove 3,800 sq ft
of vegetative growth from the
channel below the concrete
channel. Vegetation would be
pulled by the roots due to
overgrowth in susceptible flood
zone. A long-boom excavator
from the top of southern bank
would remove ALL vegetation
and debris from the waterway,
not disturbing the
embankments, the material
would be transferred to dump
trucks for proper disposal. NO
sediment/gravel excavation
from the channel is planned,
material removed will be
disposed of as green waste.
1x/yr
repeating

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6 EXHIBIT B

FEE RATES

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6 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.

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

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

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

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

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 25-10627 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: December 01, 2025
SUBJECT:

Basin C Sanitary Sewer Rehabilitation Project — Contingency Increase RECOMMENDATION:

Authorize an increase to the contingency reserve associated with the construction agreement with Westland Contractors, Inc. for the Basin C Sanitary Sewer Rehabilitation Project in the amount of $500,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The City is currently under a Cease-and-Desist Order issued by the Regional Water Quality Control Board to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay.

The Clean Water Program (CWP) is improving the City’s sanitary sewer system to prevent sanitary sewer overflows and unauthorized discharge of sewage. As part of the CWP, the annual sanitary sewer rehabilitation projects proactively upgrade and rehabilitate aging sewer pipes to reduce inflow and infiltration.

Basin C includes those City areas East of Highway 101, South of J Hart Clinton Drive, and North of Foster City and Belmont.

All Basin C sewers were evaluated using video inspection, with identified defects included in the project for repair. This work will ensure proper operation of the sewer collection system, reduce infiltration and inflow, and repair defects to prevent potential sanitary sewer overflows. The project includes the following sewer work: pipe spot repairs, full segment pipe replacements, rehabilitation and replacement of manholes, trenchless cured-in-place pipe spot repairs, pre- and post- installation video inspections, and site restorations.

On January 13, 2025, City Council awarded the Basin C construction contract to Westland Contractors, Inc. in an amount not to exceed $5,953,822 with a contingency reserve of $900,000 to address any unanticipated items that may arise during construction. Construction commenced on February 10, 2025, and is estimated to be completed by Spring 2026.

Caltrans has an upcoming construction project which involves new paving of the public roadway on El Camino Real; the paving is estimated to begin in early 2026. Once El Camino Real is paved, the right of way will be under a paving moratorium which limits underground repair work. City staff accelerated the review of sanitary sewer video investigations within the Caltrans El Camino Real construction limits. As a result, several sanitary sewer main defects were identified which need to be repaired before Caltrans completes its paving work. This work would have normally been addressed in the El Camino Real and Large Diameter project, but given the timing urgency, staff evaluated whether it could be added to the Basin C contract.

After reviewing the proposed sewer repair work with the construction management team, City staff, contractor, and Basin C designer, staff executed a Change Order to use approximately $500,000 of the project contingency to complete the identified repairs in the El Camino Real right of way. The scope added to the Basin C project will be removed from the El

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Camino Real & Large Diameter project. Both projects are within the same overall CWP Annual Citywide Sanitary Sewer Rehabilitation Project (46s091).

To date, approximately $758,614 of the original $900,000 contingency reserve has been used for approved change orders, with an additional $74,183 contingency reserve identified for upcoming change orders. To mitigate risks associated with potential delays, streamline project timelines, and to provide flexibility for staff to negotiate and execute contract change orders in a timely manner, staff recommends increasing the Basin C contingency reserve by $500,000 to offset the added work on El Camino Real to allow staff to issue change orders necessary to complete the Basin C project.

BUDGET IMPACT:

Sufficient funds are available in the CWP Annual Citywide Sanitary Sewer Rehabilitation Project (46s091) to increase the contingency by the requested amount.

ENVIRONMENTAL DETERMINATION:

The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016. The City prepared addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Laura Webb, Senior Engineer
[email protected]
(650) 522-7322
Thomas Williams, Engineering Manager
[email protected]
(650) 522-7307

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 25-10554 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: December 1, 2025
SUBJECT:

Wastewater Treatment Plant Annual Major Components Improvements — Agreement RECOMMENDATION:

Award an agreement to C. Overaa & Co. for the Annual Major Components 3 Water Pumping Improvements and Ferric Chloride to Combined Sludge Line Project in an amount not to exceed $2,377,000; establish a contingency reserve in the amount of $475,400; 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 amount.

BACKGROUND:

The Clean Water Program (CWP) Annual Major Components (AMC) Projects includes several capital improvement projects that are currently under development or under construction and are intended to upgrade or rehabilitate aging infrastructure in the City’s sewer collection system and Wastewater Treatment Plant (WWTP). The 3 Water Pumping Improvements and Ferric Chloride to Combined Sludge Line project was identified as one of these projects.

The project comprises of three major components. The first includes replacement of the four existing 3 Water pumps and ancillary systems (”3 Water” refers to disinfected effluent suitable for reuse throughout the WWTP). The 3 Water pumps system provides reclaimed flush water to the centrifuges, foam removal at the gravity thickeners, and hose bibs around the plant. The existing 3 Water pumps are nearing the end of their useful lives. The pump pedestals are corroded, and the piping is degraded. The project includes replacement of 3 Water pumps, associated piping, demolition of existing piping and appurtenances, and installation of a new valve on a 14-inch reclaimed water line.

The second component includes replacement of the existing 10,000-gallon ferric chloride tank with a smaller day tank.

Field investigations revealed that the slab under the existing ferric chloride tank is under stress and would require a load under 6,000 gallons to avoid retrofit work. The day tank would be supplied from the new ferric chloride chemical storage tanks constructed as part of the WWTP Upgrade and Expansion (GMP-3) Project. This would also reduce the chemical truck loading locations from two locations to one location at the new chemical storage tank area. The project includes the ferric chloride day tank, new ferric chloride metering pumps, a ferric chloride transfer pump, connections to ferric chloride yard piping and associated appurtenances, and demolition of existing piping and appurtenances.

The third major component of the project includes replacement of four existing spent backwash pumps to four stormwater pumps to drain the detention basins that are used to retain storm water at the WWTP. The backwash pumps were originally used to convey spent backwash from the filter vessels. The filter vessels are not in service and have been abandoned and removed. The project includes construction of stormwater pump improvements in the Pump Pit, including demolition of existing spent backwash pumps, installation of new stormwater pumps and associated discharge and suction header. Potholing is included to locate existing utilities and stormwater connections, including excavation, backfill, compaction, pavement restoration, demolition of existing yard piping and connections to existing piping, as needed.

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Bid Results
The Engineer’s Estimate for the Project is $4,820,000. The Project was advertised on October 2, 2025, and a total of six (6) bids were received and opened on November 6, 2025. The bids received are listed below in order of increasing bid amounts. While the bids received were lower than the Engineers Estimate, it should be noted that the Engineers Estimate was a conservative estimate based on previous bids that were influenced by supply changes issues and higher material costs as a result of COVID. The bids we received on this project may be an indication that the impacts to the supply chain of material are being resolved. Staff reviewed the bids and determined that C. Overaa & Co. is the lowest responsive and responsible bidder, with a bid of $2,377,000 (comparison to Engineer’s Estimate in Attachment 2). Therefore, staff recommends for Council to award the construction agreement to C. Overaa & Co. Staff also recommends a $475,400 contingency be established to address unknown challenges due to the complexity of sequencing and minimizing impact to operations when replacing existing infrastructure, underground and electrical tie-ins, and coordination with concurrent projects.

Bid Results
Overaa $2,377,000
Mountain Cascade $2,780,500
GSW Construction $3,058,755
Western Water $3,492,000
Disney Construction $3,770,000
Corcus $4,032,500
BUDGET IMPACT:

There are sufficient funds available in the CWP Annual Major Components (46t090) project budget to award this contract and establish the contingency.

ENVIRONMENTAL DETERMINATION:

In accordance with CEQA Guidelines Section 15301, this project is categorically exempt from CEQA as an ‘existing facility’ in that it involves negligible or no expansion of use.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
Att 2 – Bid Results

STAFF CONTACT
Thomas Ruark, Senior Project Manager
[email protected]
650-522-7280
Thomas Williams, Engineering Manager
[email protected]
650-522-7307

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AGREEMENT WITH C. OVERAA & CO.

FOR PUBLIC IMPROVEMENT
FOR
3 WATER PUMPING IMPROVEMENTS AND FERRIC CHLORIDE TO COMBINED SLUDGE LINE PROJECT CITY PROJECT NO. 46t090
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 C. Overaa & Co., a corporation, with offices at 2000 Parr Blvd. Richmond, CA, 94801 (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:
3 WATER PUMPING IMPROVEMENTS AND FERRIC CHLORIDE TO COMBINED SLUDGE LINE

PROJECT
CITY PROJECT NO. 46t090

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of $2,377,000.00 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 and Contract Drawings, Addendum Number 1 issued to the Contract Book, the APWA-AGC Standard Specifications for Public Works Construction, 2015 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

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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 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.

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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.

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

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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, this agreement between the CITY OF SAN MATEO and C. Overaa & Co. 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
Director of Public Works
Date Colby Powell
Its Authorized Agent
Chief Operating Officer
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 <Insert Name>
<Insert Title>
Date
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 x 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.Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7.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 Entity 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 Entity.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity 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 Entity.

Other Insurance Provisions

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

1.The Entity, 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 Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, 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 Entity.

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 Entity as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the Entity, 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 Entity’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 (5) 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 (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the Entity 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 Entity.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire

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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 Entity for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the Entity 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 Entity 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 Entity 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 Entity 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
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
Entity 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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