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AGREEMENT WITH KENNEDY/JENKS CONSULTANTS, INC.
FOR PROFESSIONAL SERVICES
FOR
WASTEWATER TREATEMENT PLANT POLYMER INJECTION SYSTEM 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 Kennedy/Jenks Consultants, Inc., a corporation, (“CONSULTANT”), whose address is 275 Battery Street, Suite 550, San Francisco, CA 94111:
RECIT
ALS:
A. CITY
desires certain professional services hereinafter described.
B. CIT
Y 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:
SEC
TION 1 - SCOPE OF SERVICES
The s
cope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SEC
TION 2 - DUTIES OF CONSULTANT
CON
SULTANT 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.
CON
SULTANT represents that it is qualified to furnish the services described under this Agreement.
CON
SULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSU
LTANT 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.
SEC
TION 3 - DUTIES OF CITY
CIT
Y shall provide pertinent information regarding its requirements for the project.
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of this agreement and be completed on December 31, 2026.
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 not to exceed $311,055, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference. CITY holds $200,000 in credit with CONSULTANT, which it intends to use for the scope of services provided for in Exhibit A.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise ha ve 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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SECTION 10 - CONSULTANT'S STATUS
It i
s 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.
SE
CTION 11 - INDEMNITY
CO
NSULTANT 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.
SE
CTION 12 - INSURANCE
CO
NSULTANT 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.
SE
CTION 13 - NONASSIGNABILITY
Bo
th 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.
SE
CTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It i
s 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 CONSULTANT to perform the work in accordance with the professional standard of care ordinarily exercised by members of the same profession under similar circumstances, and CONSULTANT agrees to perform the work consistent with that standard. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SE
CTION 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 Design Professional Services 2024 Page 4 of 10
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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.
SE
CTION 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.
SE
CTION 17 - COSTS AND ATTORNEY FEES
Atto
rney 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.
SE
CTION 18 - NON-DISCRIMINATION
CO
NSULTANT 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.
SE
CTION 19 - MEDIATION
Sho
uld any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The
cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 20 - LITIGATION
CO
NSULTANT 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.
SE
CTION 21 - NOTICES
All no
tices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Thomas Williams
City of San Mateo
330 W. 20th Ave
City of San Mateo, CA 94403
To CONSULTANT: Kennedy/Jenks Consultants, Inc.
Attn: Nick Lazarakis
2350 Mission College Blvd #700
Santa Clara, CA 95054
SE
CTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
Thi
s document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
Thi
s document may be amended only by written instrument, signed by both CITY and CONSULTANT.
SE
CTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CO
NSULTANT 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.
SE
CTION 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.
[SIG
NATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day a nd year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Spencer Archer
Vice President
Date
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
ADDITIONAL CORPORATE OFFICER
Gerald P. Cavaluzzi
Vice President & Secretary
Date
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EXHIBIT A
SCO
PE OF SERVICES
Proposal for Engineering Services for the City of San Mateo Polymer Injection System Design and ESDC
KJ Proposal No. B020660*31924
275 Battery St., Suite 550 | San Francisco, CA 94111
(916) 858-2777 | www.kennedyjenks.com
Scope of Work
Task 1: Project Management and QA/QC - Design and Bid Phase This task consists of project monitoring and administration and project quality assurance/quality control (QA/QC) activities.
Task 1.1 – Project Initiation and Coordination
KJ will set up the project within KJ’s accounting system and initiate the Project with KJ’s design team, outlining the scope and budget, and develop a baseline schedule. KJ will implement management procedures and actions to facilitate delivery of services and products. KJ will provide management and oversight for in-house project personnel including review and monitoring of project budget and progress.
Task 1.2 – Monthly Reports and Invoicing
KJ will prepare and submit monthly invoices electronically to the City. Monthly project progress status reports will be prepared and delivered the City to support monthly invoices.
Deliverables:
• Monthly Status Reports and Invoices (Electronic Adobe PDF) Task 1.3 – Meetings
KJ will attend the following meetings during the design phase. All meetings are assumed to be virtual.
• KJ will attend a project kick-off meeting with the City to introduce the project team, discuss the project scope, specific project procedures, and schedule. This meeting is assumed to be up to 1 hours in duration and attended by up to 4 KJ staff. • KJ will attend monthly progress meetings to review technical issues with the internal KJ team. These meetings are assumed to be up to 1 hour in duration and occur every four weeks over a design span of 4 months, attended by up to 2 KJ staff. • The City is expected to provide a single, consolidated list of comments to the 90% Design to KJ two weeks prior to the 90% design workshop. KJ will attend one (1) workshop with the City to review comments for the 90% design submittal. The workshop is assumed to have a 2-hour duration and will be attended by up to 4 KJ staff.
Deliverables:
• Kick-off meeting agenda and notes (electronic)
• Monthly progress meeting notes (electronic)
• 90% design workshop meeting notes (electronic)
Scope of Work
Task 1.4 – Quality Assurance / Quality Control
Each deliverable will receive a Quality Control review prior to submission from independent reviewers, not directly involved in the project design development. KJ will provide quality assurance and quality control (QA/QC) throughout the course of the project consistent with KJ’s internal requirements.
Task 1 Assumptions:
• This scope and fee estimate are based on an assumption that the project duration will be up to 5 months for the design and bid phase services.
• Meetings are assumed to be virtual unless otherwise noted in the scope. • Deliverables are assumed to be provided as electronic PDF unless otherwise noted in the scope.
• Services not specifically identified in the Scope of Work are not included in the Agreement for Professional Services.
Task 2: Design Phase
Task 2.1: 90% Design Documents and OPCC
KJ will incorporate responses to comments on the final IAP2 Polymer Injection System design documents (as submitted on February 13, 2025). KJ will prepare additional drawings and specifications for a standalone bid package developed to a 90% level of completion and a related Opinion of Probable Cost (OPCC). A list of anticipated drawings is included at the end of this Scope of Work. The OPCC will be an Association for the Advancement of Cost Engineering (AACE) International Class 3 estimate and will be projected to the midpoint of the construction period. The documents prepared will compose the 90% Design submittal package and submitted to the City for review.
It is assumed that KJ will redline the City’s Construction Agreement, Notice Inviting Sealed Proposals, Accepted Proposal, Special Provisions, Faithful Performance Bond, and Labor and Material Bond. The City will incorporate KJ’s redlines and comments and provide the updated documents to KJ for review. If additional edits are needed, KJ will coordinate with the City for incorporation. KJ will prepare Division 01 specifications using the Division 01 specifications from the IAP2 Project as a starting point. If the City identifies other relevant Division 01 specifications for inclusion, they will be provided to KJ for editing. KJ will assemble the Construction Agreement, Notice Inviting Sealed Proposals, Accepted Proposal, Special Provisions, Faithful Performance Bond, Labor and Material Bond, and Division 01 into the 90% Design submittal package.
Deliverables:
• 90% Design Drawings, Specifications, and OPCC (electronic) Task 2.2: Final Design Documents and OPCC
The City shall provide a single, consolidated list of comments to the 90% Design for KJ at least two weeks prior to the 90% design submittal workshop for KJ to review and provide responses.
KJ will then incorporate agreed-upon modifications to the Final Design Documents and prepare Scope of Work
the final bid set of drawings and specifications that will be signed and sealed. KJ will also update the OPCC to be an AACE Class 2 estimate, projected to the midpoint of the construction period.
Deliverables:
• Signed and sealed Drawings and Specifications (electronic) • Final OPCC (electronic)
• Comment log with responses to City’s 90% design submittal comments (electronic) Task 2 Assumptions:
• Site visits during design phase (Task 2) are not included in the scope. • The City’s Construction Agreement, Notice Inviting Sealed Proposals, Accepted Proposal, Special Provisions, Faithful Performance Bond, and Labor and Material Bond, and IAP2 Division 01 will be utilized and adapted for the project to the greatest extent possible. These documents will be provided to KJ within a week of the notice to proceed.
No additional Division 01 sections are currently anticipated, only edits to the IAP2 sections.
• The design will be based on the previously identified Netzsch polymer feed pumps and polymer injection ring for coordination and consistency with existing equipment. • No survey, geotechnical, or utility investigations will be conducted. • No permitting assistance is included.
• The design criteria and decisions established during the IAP2 polymer injection system design clarification are assumed to remain valid, with no technical changes anticipated. • The existing discharge piping can accommodate the polymer ring and the existing pipe support provides sufficient space to install the polymer ring. • The existing pump room at ground floor has sufficient space for polymer system equipment and components including totes and pumps. The existing structure at grade is assumed to have sufficient capacity to support any new equipment, pumps, and pipe supports as confirmed during development of IAP2 DC 12. Any verification of existing structures are excluded. The estimate does not include time for retrofit of existing foundations. It is assumed that all new construction anticipated will be within the limits of the prescriptive compliance method found in the existing California Building Code. • Pipe supports and anchorage will be designed by Contractor as part of a deferred submittal.
• Electrical equipment support pads are excluded from the scope; it is assumed the polymer pump control panel will be anchored directly into the existing concrete. • The anchorage for new equipment (i.e. polymer pumps, control panel) will be designed by the Contractor as part of a deferred submittal.
• The existing design documents package is complete with technical content for the polymer injection system. Effort assumes updates to reflect a standalone bid package and no further engineering is required.
• Programming of programmable logic controller (PLC) and instrumentation is excluded. • Relocation of existing utilities is excluded.
Scope of Work
Task 3: Bid Phase Services
Task 3.1: Bid Addenda
KJ will prepare addenda during the bid period to clarify the design documents, with distribution of all addenda by the City. KJ will also provide answers to written questions submitted to the City by bidders and provided in writing to KJ. Contract requirements which are changed as a result of questions and answers will be included in the issued addenda. It is assumed that KJ will prepare up to two (2) addenda, each requiring an average of 34 hours to prepare.
Deliverables:
• Addenda (electronic)
• Written answers to bidders’ questions (electronic)
Task 3.2: Conformed Documents
KJ will prepare a conformed set of construction documents based on changes made via addenda during the bid phase. KJ will also incorporate the executed contract documentation for the selected bidder (provided by the City).
Deliverables:
• Conformed drawings and specifications (electronic)
Task 3 Assumptions:
• Services for bid disputes or rebidding the project are excluded. • Participation in pre-bid meetings and bid opening are excluded. • Evaluation of contractor bids and recommendation concerning award are excluded.
Task 4: Project Management During Construction (Future) This task consists of project monitoring and administration and project quality assurance/quality control (QA/QC) activities.
Task 4.1 – Project Initiation and Coordination
KJ will provide management and oversight for in-house project personnel including review and monitoring of project budget and progress.
Task 4.2 – Monthly Reports and Invoicing
KJ will prepare and submit monthly invoices electronically to the City. Monthly project progress status reports will be prepared and delivered the City to support monthly invoices.
Deliverables:
• Monthly Status Reports and Invoices (Electronic Adobe PDF) Scope of Work
Task 4.3 – Quality Assurance / Quality Control
KJ will provide quality assurance and quality control (QA/QC) throughout the course of the project consistent with KJ’s internal requirements.
Task 4 Assumptions:
• This scope and fee estimate are based on an assumption that the project duration will be up to 6 months for the construction phase.
• Meetings are assumed to be virtual unless otherwise noted in the scope. • Deliverables are assumed to be provided as electronic PDF unless otherwise noted in the scope.
• Services not specifically identified in the Scope of Work are not included in the Agreement for Professional Services.
Task 5: Construction – Construction Phase (Future)
Task 5.1: Submittal Reviews
KJ will review submittals and shop drawings and provide review comments to the City.
Submittals shall be furnished to KJ by the City by a third party construction manager via Procore document management system. KJ will review submittals and provide written comments and recommended submittal review disposition within no later than 30 calendar days of receipt of a submittal. The term submittal used herein includes technical submittals, shop drawings, samples, operations and maintenance manuals, and product data required to be submitted by the Contractor. Review will be for substantial conformity with the intent of the Contract drawings and specifications. Such review will be only for conformance with the design concepts and general compliance with the project’s Contract Documents. It will not include review of quantities, dimensions, weights or gauges, fabrication processes, construction methods, coordination with the work of other trades, or construction safety precautions, all of which are the sole responsibility of the Contractor. It is assumed that up to 27 submittals (including resubmittals), each requiring on average 5 hours, will be reviewed by KJ.
Deliverables:
• Reviewed submittals with indicated disposition (electronic) Task 5.2: RFIs
KJ will provide responses to the Contractor’s Requests for Information (RFIs). RFIs will be furnished to KJ by the City, and written responses will be provided to the City for dissemination within an average of seven (7) working days of receipt of an RFI. It is assumed that up to 25 RFIs, each requiring on average 4 hours, will be reviewed by KJ.
In addition to Contractor RFIs, it is assumed that the City’s Construction Manager will have informal requests for information that go beyond what is expected from administering the construction contract. To account for these requests, KJ assumes that up to 15 informal RFIs, each requiring on average 4 hours, will be reviewed by KJ.
Scope of Work
Deliverables:
• RFI responses (electronic)
Task 5.3: Site Observations
KJ will make up to two visits to the construction site involving 2 individuals for an average duration of 4 hours on-site, to review the progress and quality of the construction work. The visits will observe the general quality of the work at the time of the visit. For each site visit, KJ will prepare a site observation report documenting the areas observed and comments regarding general conformance with the design requirements. KJ will review items of concern with the Construction Manager before leaving the site.
Deliverables:
• Site Observation Reports (electronic)
Task 5.4: Construction Progress Meetings
KJ will attend regularly organized construction coordination/progress meetings organized by the Construction Manager for the City. KJ’s attendance is assumed to be virtual. A total of 16 meetings (bi-weekly meetings for 7 months), assumed to be up to 1 hour in duration will be attended by up to 2 KJ staff. Meeting agenda and minutes will be prepared by the Construction Manager for the City and reviewed by KJ.
Deliverables:
• Comments to the City’s meeting agenda and minutes, if any (electronic) Task 5.5: Change Order Reviews
KJ will support the City, as requested, with evaluation of change orders or potential change orders. As requested, KJ will review notices and correspondence issued by the Contractor and provide a written opinion of the validity of Contractor request. It is assumed that the City’s construction management staff will have primary responsibility for evaluation of and responses to Contractor-issues notices and correspondence. This task provides as-needed support for one change order or potential change order review, requiring up to 32 hours.
Deliverables:
• Written responses for change order-related issues (electronic) Task 5.6: Record Drawings
KJ will prepare Record Drawings for the Project using the drawing markups of construction changes provided by the Contractor. For estimating purposes, it is assumed that 22 drawings will be updated, each requiring on average 8 hours.
Scope of Work
Deliverables:
• Record Drawings (electronic)
Task 5.7: Startup
KJ will participate in startup activities for the polymer injection system. This will be limited to review and comment of submitted startup procedures, in-person attendance to a 6-hour startup activity, and preparation of field notes. In-person startup is assumed to be attended by up to 2 KJ staff.
Deliverables:
• Startup Field Notes (electronic)
Task 5 Assumptions:
• Construction support budget is an allowance only. Effort for this task is limited to the costs identified in the Proposal Fee Estimate. Additional effort will only be provided as authorized through a contract modification.
• Construction management services are by others.
Scope of Work
Anticipated Drawing List
Drawings shown in italicized text have been developed as part of the IAP2 project polymer system design clarification no. 12.
Sheet Description
No. General
1 G-1 Cover Sheet
2 G-2 Drawing Index and Design Criteria
3 G-3 Abbreviations and Symbols
4 G-4 Site Plan
Structural
5 S-1 Structural General Notes, Abbreviations and Special Inspections 6 S-2 Structural Details
Mechanical
7 M-1 Piping and Equipment Schedules
8 M-2 SHB – Ground Floor Polymer Injection Pumps Plan
9 M-3 SHB – Ground Floor Polymer Injection Pumps Enlarged Plan Electrical
10 E-1 Electrical Abbreviations, Symbols & Legend
11 E-2 Electrical Details
12 E-3 SHB – Polymer Injection Pumps Wiring Diagram
13 E-4 SHB – Polymer Injection Pumps Electrical Plans
14 E-5 MCC P8 Single Line Diagram
15 E-6 MCC P8 Elevation and Conduit and Wire Schedule
Instrumentation and Controls (I&C)
16 I-1 I&C Abbreviations, Symbols & Legend
17 I-2 Instrumentation Details
18 I-3 Network Block Diagram
19 I-4 SHB – Polymer Feed Pumps P&ID
20 I-5 SHB – Polymer Injection Pumps P&ID
21 I-6 SHB – Cake Pumping System P&ID
22 I-7 SHB – Polymer Injections Pumps Control Panel
ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Notice to Proceed from the City 0 days 12/1/25 12/1/25 2 KJ Internal Kickoff Meeting 0 days 12/5/25 12/5/25 1FS+5 days 3 Client Kickoff Meeting 0 days 12/12/25 12/12/25 2FS+5 days 4 Design Phase 90 days 12/1/25 4/3/26
5 90% Design 60 days 12/1/25 2/20/26
6 90% Drawing, Specs, OPCC
Development
30 days 12/1/25 1/9/26 1
7 90% Design Internal QC 15 days 1/12/26 1/30/26 6
8 Deliver 90% Design to client 0 days 1/30/26 1/30/26 7 9 90% Design Clarification
Workshop/ City comments
0 days 2/6/26 2/6/26 8FS+5 days
10 City provides consolidated
comments on 90% Design
0 days 2/20/26 2/20/26 9FS+10 days
11 Final Design 30 days 2/23/26 4/3/26
12 Final Drawings, Specs, OPCC
Development
15 days 2/23/26 3/13/26 10
13 Final Design Internal QC 15 days 3/16/26 4/3/26 12
14 Deliver Final DC to client 0 days 4/3/26 4/3/26 13
15 Bid and Award Phase 30 days 4/6/26 5/15/26 14
16 Construction Phase 120 days 5/18/26 10/30/26 15
17 Engineering Services During
Construction
100 days 5/18/26 10/2/26 15
18 Substantial Completion 0 days 10/2/26 10/2/26 17
19 Record Drawings 20 days 10/5/26 10/30/26 18
20 Final Completion 0 days 10/30/26 10/30/26 19
12/1
12/5
12/12
1/30
2/6
2/20
4/3
10/2
10/30
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Preliminary Project Schedule
Project: Polymer System Design+ESDC
Date: 10/31/25
Proposal for Engineering Services for the City of San Mateo - Polymer Injection System Design and Engineering Services During Construction KJ Proposal No. B020660*31924
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EXHIBIT B
P
AYMENT RATES
Proposal for Engineering Services for the City of San Mateo Polymer Injection System Design and ESDC
KJ Proposal No. B020660*31924
Compensation for Consulting Services
In accordance with the attached Schedule of Charges dated January 1, 2025, we propose a budget of $311,055. A breakdown of our proposed project budget and line-item descriptions of the project deliverables is provided herein, and summarized in the following table:
Task Budget
Task 1 – Project Management and QA/QC - Design and
Bid Phase $44,735
Task 2 – Design Phase $68,940
Task 3 – Bid Phase Services $31,320
Subtotal $144,995
Task 4 – Project Management – Construction Phase
(Future) $15,455
Task 5 – Construction Phase Services (Future) $150,605
Total (Includes Future Tasks) $311,055
The individual task budget breakdowns are an estimate, and KJ will manage work hours between tasks and employee classifications, and/or utilize other employee classifications, provided that the project total fee is not exceeded without prior approval.
Client/Address: City of San Mateo
Contract/Proposal Date: November 18, 2025
Schedule of Charges January 1, 2025
PERSONNEL COMPENSATION
Classification Hourly Rate
Engineer -Scientist -Specialist 1 ................................ ................................ ........... $165 Engineer -Scientist -Specialist 2 ................................ ................................ ........... $195 Engineer -Scientist -Specialist 3 ................................ ................................ ........... $220 Engineer -Scientist -Specialist 4 ................................ ................................ ........... $240 Engineer -Scientist -Specialist 5 ................................ ................................ ........... $265 Engineer -Scientist -Specialist 6 ................................ ................................ ........... $285 Engineer -Scientist -Specialist 7 ................................ ................................ ........... $310 Engineer -Scientist -Specialist 8 ................................ ................................ ........... $330 Engineer -Scientist -Specialist 9 ................................ ................................ ........... $350 Senior CAD -Designer ................................ ................................ ........................ $200 CAD-Designer ................................ ................................ ................................ ... $190 Senior CAD -Technician ................................ ................................ ..................... $180 CAD-Technician ................................ ................................ ................................ $160 Project Assistant ................................ ................................ ................................ $145 Administrative Assistant ................................ ................................ ..................... $135 In addition to the above Hourly Rates, an Associated Project Cost charge of $9.74 per hour will be added to Personnel Compensation for costs supporting projects including telecommunications, software, information technology, internal photocopying, shipping, and other support activity costs related to the support of projects.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as:
a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Project specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate.
If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.
Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as a direct expense.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2025 through December 31, 2025. After December 31, 2025, invoices will reflect the Schedule of Charges currently in effect.
Attachment C: Proposal Fee Estimate
CLIENT Name:
PROJECT Description: Cake Pump Polymer Injection System Design and ESDC Proposal/Job Number: B020660*31924 Date:
City of San Mateo
11/18/2025
January 1, 2025 Rates KJ KJ KJ
Eng-Sci-6
N. Lazarakis
Project Assistant
Eng-Sci-9
QA/QC
Eng-Sci-8
Eng-Sci-7
P. Post, Z. Devlin, P.
Bourdaniotis
Eng-Sci-7
Struct Eng, L.
Reisinger
Total
Labor
Admin. Assist.
Eng-Sci-5
John Jindra
Eng-Sci-5
A. Gudal, K.,
Process EngEng-Sci-3
Sr. CAD-Design
CAD-Design
Eng-Sci-4
Eng-Sci-6
Sandy Schuler Total Labor + Subs
+ Expenses
Total
Subs
Total
ExpensesClassification: Total
Labor
ODCs
ODCs
Markup
Eng-Sci-6
N. Lazarakis
Project Assistant
Eng-Sci-9
QA/QC
Eng-Sci-8
Eng-Sci-7
P. Post, Z. Devlin, P.
Bourdaniotis
Eng-Sci-7
Struct Eng, L.
Reisinger
Total
Labor
Admin. Assist.
Eng-Sci-5
John Jindra
Eng-Sci-5
A. Gudal, K.,
Process EngEng-Sci-3
Sr. CAD-Design
CAD-Design
Eng-Sci-4
Eng-Sci-6
Sandy Schuler Total Labor + Subs
+ Expenses
Total
Subs
Total
Expenses
Hourly Rate: $350 $330 $285 $310 $310 $285 $265 $265 $240 $220 $200 $190 $135 $120 Hours Fees Fees 10% Fees Task 1 - Project Management and QA/QC - Design
and Bid Phase
Task 1.1 - Project Initiation and Coordination 16 20 6 42 $10,670 $0 $10,670 $0 $0 $10,670 Task 1.2 - Monthly Reports and Invoicing 16 8 4 28 $7,220 $0 $7,220 $0 $0 $7,220 Task 1.3 - Meetings 10 16 4 4 12 46 $13,620 $0 $13,620 $0 $0 $13,620 Task 1.4 - Quality Assurance/ Quality Control 2 6 24 3 3 6 44 $13,225 $0 $13,225 $0 $0 $13,225 Task 1 - Subtotal 12 0 54 24 7 7 0 46 0 0 0 0 10 0 160 $44,735 $0 $0 $44,735 $0 $0 $44,735 Task 2: Design Phase
Task 2.1: 90% Design Documents and OPCC 15 7 32 26 69 8 8 164 $45,029 $0 $45,029 $0 $0 $45,029 Task 2.2: Final Design Documents and OPCC 7 4 17 14 37 4 4 87 $23,911 $0 $23,911 $0 $0 $23,911 Task 2 - Subtotal 0 0 22 11 49 40 0 106 0 0 12 12 0 0 252 $68,940 $0 $0 $68,940 $0 $0 $68,940 Task 3: Bid Phase Services
Task 3.1: Bid Addenda 4 8 8 24 24 68 $16,820 $0 $16,820 $0 $0 $16,820 Task 3.2: Conformed Documents 4 16 48 68 $14,500 $0 $14,500 $0 $0 $14,500 Task 3 - Subtotal 0 0 8 0 8 8 0 40 0 0 0 72 0 0 136 $31,320 $0 $0 $31,320 $0 $0 $31,320 Task 4 - Project Management and QA/QC -
Construction Phase
Task 4.1 - Project Initiation and Coordination 8 12 2 22 $5,730 $0 $5,730 $0 $0 $5,730 Task 4.2 - Monthly Reports and Invoicing 8 4 2 14 $3,610 $0 $3,610 $0 $0 $3,610 Task 4.3 - Quality Assurance/ Quality Control 2 2 12 1 1 2 20 $6,115 $0 $6,115 $0 $0 $6,115 Task 4 - Subtotal 2 0 18 12 1 1 0 18 0 0 0 0 4 0 56 $15,455 $0 $0 $15,455 $0 $0 $15,455 Task 5: Construction Phase Services
Task 5.1: Submittal Reviews 19 16 16 16 40 28 135 $36,655 $0 $36,655 $0 $0 $36,655 Task 5.2: RFIs 4 12 16 16 56 56 160 $41,540 $0 $41,540 $0 $0 $41,540 Task 5.3: Site Observations 12 12 24 $6,600 $250 $25 $6,600 $0 $275 $6,875 Task 5.4: Construction Progress Meetings 24 24 48 $13,200 $0 $13,200 $0 $0 $13,200 Task 5.5: Change Order Reviews 12 16 4 32 $8,420 $0 $8,420 $0 $0 $8,420 Task 5.6: Record Drawings 4 16 172 192 $38,060 $0 $38,060 $0 $0 $38,060 https://kjcnet.sharepoint.com/sites/LegalDiscovery-SanMateoStantecCakePumpChannel/Shared Documents/San Mateo Stantec Cake Pump Channel/_Mediation Prep/Polymer System/KJ Polymer System Proposal - Working Files/Att C. Proposal Fee Estimate - rev3.xlsm© 2008 Kennedy/Jenks Consultants, Inc.
Attachment C: Proposal Fee Estimate
CLIENT Name:
PROJECT Description: Cake Pump Polymer Injection System Design and ESDC Proposal/Job Number: B020660*31924 Date:
City of San Mateo
11/18/2025
January 1, 2025 Rates KJ KJ KJ
Eng-Sci-6
N. Lazarakis
Project Assistant
Eng-Sci-9
QA/QC
Eng-Sci-8
Eng-Sci-7
P. Post, Z. Devlin, P.
Bourdaniotis
Eng-Sci-7
Struct Eng, L.
Reisinger
Total
Labor
Admin. Assist.
Eng-Sci-5
John Jindra
Eng-Sci-5
A. Gudal, K.,
Process EngEng-Sci-3
Sr. CAD-Design
CAD-Design
Eng-Sci-4
Eng-Sci-6
Sandy Schuler Total Labor + Subs
+ Expenses
Total
Subs
Total
ExpensesClassification: Total
Labor
ODCs
ODCs
Markup
Eng-Sci-6
N. Lazarakis
Project Assistant
Eng-Sci-9
QA/QC
Eng-Sci-8
Eng-Sci-7
P. Post, Z. Devlin, P.
Bourdaniotis
Eng-Sci-7
Struct Eng, L.
Reisinger
Total
Labor
Admin. Assist.
Eng-Sci-5
John Jindra
Eng-Sci-5
A. Gudal, K.,
Process EngEng-Sci-3
Sr. CAD-Design
CAD-Design
Eng-Sci-4
Eng-Sci-6
Sandy Schuler Total Labor + Subs
+ Expenses
Total
Subs
Total
Expenses
Hourly Rate: $350 $330 $285 $310 $310 $285 $265 $265 $240 $220 $200 $190 $135 $120 Hours Fees Fees 10% Fees Task 5.7: Startup 6 12 18 $5,580 $250 $25 $5,580 $0 $275 $5,855 Task 5 - Subtotal 0 0 75 34 44 32 0 164 0 84 0 176 0 0 609 $150,055 $500 $50 $150,055 $0 $550 $150,605 All Tasks Total 14 0 177 81 109 88 0 374 0 84 12 260 14 0 1213 $310,505 $500 $50 $310,505 $0 $550 $311,055 https://kjcnet.sharepoint.com/sites/LegalDiscovery-SanMateoStantecCakePumpChannel/Shared Documents/San Mateo Stantec Cake Pump Channel/_Mediation Prep/Polymer System/KJ Polymer System Proposal - Working Files/Att C. Proposal Fee Estimate - rev3.xlsm© 2008 Kennedy/Jenks Consultants, Inc.
Design Professional Services 2024 Page 9 of 10
Rev 1/24
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
Design Professional Services 2024 Page 10 of 10
Rev 1/24
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 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 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.