CITY OF SAN MATEO
City Council Regular Meeting
April 20, 2026
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street
COUNCIL MEMBERS
Adam Loraine
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash
Robert Newsom Jr.
AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.
PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.
SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.
To join via Zoom – click here: April 20, 2026
To join via telephone: (408) 638-0968
Webinar ID: 831 9841 2763 Passcode: 609181
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.
Any unheard items will automatically move forward to the next regular meeting.
CALL TO ORDER
Pledge of Allegiance
Roll Call
Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances
CEREMONIAL
1. Volunteer Appreciation Week - Proclamation
2. National Library Week - Proclamation
3. Arab-American Heritage Month - Proclamation
4. Earth Day - Proclamation
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
5. City Council Meeting Minutes — Approval
Approve the minutes of the special and regular meetings of the City Council held on March 3, 2026.
CEQA: This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
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6. Participation in National Opioid Settlement Agreement — Approval Approve the City’s participation in a no-cost opioid settlement agreement with Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics); and authorize the City Attorney to execute documents confirming the City’s participation and electing to have the settlement funds be provided directly to the City of San Mateo.
CEQA: This proposed action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
7. Service Employees International Union Side Letter of Agreement — Amendment Adopt a Resolution to amend the Service Employees International Union (SEIU) Memorandum of Understanding (MOU), Section 10.2.3 Irrigation Crew to remove the two (2) years of continuous service requirement to be eligible to receive the five percent (5%) differential and clarify language.
CEQA: This revision to the SEIU MOU is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).))
8. 1949 Pacific Blvd Public Utility Easement — Adoption Adopt a Resolution to grant a Public Utility Easement to PG&E at 1949 Pacific Blvd for electrical distribution service to support electric vehicle charging infrastructure and authorize the City Manager to execute the Grant of Easement in substantially the form presented.
CEQA: Approval of this public utility easement to PG&E is exempt from CEQA as the construction of a small structure, because it involves the installation of a utility service extension of a reasonable length to support the construction of proposed EV chargers at the City’s Corp Yard. (CEQA Guidelines Section 15303(d).)
9. 2nd and El Camino Public Garage License Agreement — Amendment Approve a First Amendment to the License Agreement between the City of San Mateo and Sutter Bay Hospitals, dba Mills-Peninsula Medical Center, to clarify the agreement commencement date as July 1, 2025, confirm a thirty (30) day termination provision and authorize the City Manager to execute the amendment.
CEQA: This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
10. San Mateo County Community College District Use of Laurelwood Park – Agreement Approve a License Agreement in the amount of $1.00 with San Mateo County Community College District to use Laurelwood Park Dam to conduct confined spaces training for students enrolled in the Fire Safety Academy; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
CEQA: This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)
11. San Mateo Consolidated Fire Department Use of Laurelwood Park Open Space — Agreement 2 of 605
Approve a License Agreement with San Mateo Consolidated Fire Department (SMCFD) to use open space within Laurelwood Park to conduct annual wildland refresher training; and authorize the Director of Parks and Recreation to execute the license agreement in substantially the form presented.
CEQA: This license agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).))
12. On-Call Design and Consultant Professional Services – Agreements Approve various agreements for on-call professional design and consultant services through December 31, 2029, with: Sandis Civil Engineers Surveyors Planners for professional consultant services for public outreach strategy and support services in an amount not to exceed $250,000; Winter Consulting Group, Inc. for professional consultant services for public outreach strategy and support services each in an amount not to exceed $250,000; BioMaAS, Inc. for arborist services in an amount not to exceed $150,000; Interwest Consulting Group, Inc. for professional consultant services for transportation services in an amount not to exceed $400,000; Iteris, Inc. for professional consultant services for transportation services in an amount not to exceed $400,000; Kimley-Horn and Associates, Inc. for professional consultant services for transportation services in an amount not to exceed $750,000; Sandis Civil Engineers Surveyors Planners for professional consultant services for transportation services in an amount not to exceed $1,000,000; and Walker Consultants, Inc. for professional consultant services for transportation services in amounts not to exceed $200,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and to execute any future no-cost amendments.
CEQA: This Council action in approving various professional on-call agreements is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).) Each individual project assigned to an on-call consultant will be individually evaluated under CEQA.
13. Integrated Supervisory Control and Data Acquisition System Evaluation and Improvement — Change Order Approve a Change Order to the agreement with Partners In Control, Inc. DBA Enterprise Automation (also refer as Enterprise Automation LLC.) to extend the agreement term for an additional year for annual design, programming, configuration, installation, testing, and maintenance of the Integrated Supervisory Control and Data Acquisition system and to provide integration and programming services for the 3-Water/Ferric Project in an amount not to exceed $331,800, for a total revised agreement amount not to exceed $807,479; extend the term of the agreement through July 31, 2027; and authorize the Public Works Director to approve the change order in substantially the form presented and any additional change orders within the agreement amount.
CEQA: On June 6, 2016, the City Council certified a Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 2015032006), which serves as the primary environmental compliance document for implementation of the Clean Water Program. On July 16, 2018, the City approved Addendum 1 to the Final PEIR, and on April 15, 2019, approved Addendum 2. Services from EA to support the AMC 3-Water/Ferric Project are included in the Clean Water Program.
14. On-Call Building Support Services — Agreements
Approve professional services agreements with 4Leaf, Inc., CSG Consultants, Inc., Interwest Consulting Group, Inc., True North Compliance Services, Inc. and Urban37, for on-call building support services for a term of five years each, with compensation not to exceed $1,000,000 per agreement; and authorize the Community Development Director to execute the agreements in substantially the form presented.
CEQA: The approval of these agreements is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment(CEQA 3 of 605
Guidelines Section 15378(b)(5)).
PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.
Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.
PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.
Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.
15. Glazenwood Historic District Designation — Adoption Adopt a Resolution designating the Glazenwood neighborhood as a historic district at the local level and find that the action is exempt under California Environmental Quality Act Guidelines Sections 15061(b)(3) (Common Sense Exemption) and 15308 (Actions by Regulatory Agencies for Protection of the Environment).
CEQA: This historic district designation is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). CEQA applies only to activities that may cause a direct or reasonably foreseeable indirect physical change in the environment. Identification of Glazenwood as a City of San Mateo historic district is to prevent significant environmental impacts to historical resources identified as part of the historic district. Without regulation of construction activities in the Glazenwood Historic District, the historic integrity of the neighborhood could be lost through incompatible alterations and new construction and the demolition of irreplaceable historic structures. Therefore, the project meets CEQA Guidelines Section 15061(b)(3) and Section 15308, and pursuant to these exemptions, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and is exempt from CEQA review.
NEW BUSINESS
16. Connect Bay Area Local Investment Plan — Informational Receive an informational presentation from the San Mateo County Transit District (SamTrans) on the Connect Bay Area Local Investment Plan.
CEQA: This informational presentation from SamTrans to the City Council is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
17. General Fund 2026-27 Operating Budget — Preview and General Fund Ten-Year Forecast Receive the General Fund 2026-27 operating budget preview and General Fund ten-year forecast.
CEQA: This report is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).))
REPORTS, ANNOUNCEMENTS, AND COMMITTEE UPDATES
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
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ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
WATCHING A MEETING ON TV: City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.
For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.
WATCHING A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal www.cityofsanmateo.org/publicmeetings 2) City YouTube channel and stream it on YouTube: http://youtube.com/CityofSanMateo 3) Watch TV live stream: https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream
PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to: [email protected] until 4 p.m. the day of the meeting.
During the meeting
By Zoom: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.
By telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.
In Person: At the meeting complete a “Request to Speak” form. Organized Group and Presentations: Up to five (5) minutes for a group presentation, with as many speakers as can be accommodated within that time allowance. To qualify for a group presentation, all individuals associated with the presentation must be clearly identified and confirmed as in attendance at the meeting. Presentation materials must be submitted to [email protected] one (1) business day in advance of the meeting.
ACCESSIBILITY: In compliance with the Americans with Disabilities Act and to ensure meaningful access for all participants, including those with limited English proficiency, individuals requiring special accommodations or language assistance to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
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Outstanding Volunteer
Honorees
Volunteer Appreciation Week
April 20, 2026
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Citywide Volunteering
• City Departments:
• Parks & Recreation
• Library
• Police
• Public Works
• San Mateo Consolidated Fire
• Boards & Commissions
• … and more!
From July to December
2025, over 1,400
volunteers dedicated over
17,000 combined
volunteer hours across
city departments,
community events, and
boards & commissions!
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Alison
Joly
Library: Storytime
2026 Honoree
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Barbara
Seacrest
Police Activities
League
2026 Honoree
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Renette Robillard
Parks & Recreation:
Dance & Fitness
Monitor
2026 Honoree
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Yamini
Ponugoti
Library: Project Read
2026 Honoree
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Thank you!
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Celebration Days During National Library Week
Monday, April 20: Right to Read Day is a National Day of Action in support of the right to read.
Tuesday, April 21: National Library Workers Day, a day for everyone to recognize the valuable contributions made by library workers.
Wednesday, April 22: National Library Outreach Day, a day to celebrate library outreach and the dedicated library professionals who are meeting their patrons where they are.
Thursday, April 23: Take Action for Libraries Day, a day for all library advocates to speak up for libraries. 13 of 605
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Generations Day – Saturday, April 25
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www.smplf.org
@smplibraryfoundation
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2026 Earth Day Bayfront Cleanup
Saturday, April 25
9:00 a.m. - 12:00 p.m.
1801 J Hart Clinton Dr.
Register for the Earth Day Cleanup
& Monthly Cleanup Opportunities
cityofsanmateo.galaxydigital.com
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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: 5 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 26-11115 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 20, 2026
SUBJECT:
City Council Meeting Minutes — Approval
RECOMMENDATION:
Approve the minutes of the special and regular meetings of the City Council held on March 3, 2026.
BUDGET IMPACT:
There is no budgetary impact associated with this administrative action.
ENVIRONMENTAL DETERMINATION:
This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Minutes 2026-3-2 Special
Att 2 – Minutes 2026-3-2 Regular
STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042
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City Council Special Meeting Minutes – 3/2/2026 Page 1
COUNCIL MEMBERS
Adam Loraine, Mayor
Nicole Fernandez, Deputy Mayor
Danielle Cwirko-Godycki
Lisa Diaz Nash
Rob Newsom Jr.
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 2, 2026
City Hall, Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER at 6:02 p.m.
Roll Call
Present: Mayor Loraine; Deputy Mayor Fernandez; Council Members Cwirko-Godycki, Diaz Nash, and Newsom.
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.
CLOSED SESSION
The public was provided with an opportunity to speak on agenda item 1; there were no requests to speak.
Council convened to closed session at 6:04 p.m.
1. Conference with Legal Counsel — Existing Litigation, Workers' Compensation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of the case: Victoria Varvel
Council reconvened to open session at 6:18 p.m.
STUDY SESSION
Clean Water Program and Wastewater Treatment Plant Upgrade and Expansion — Update Thomas W. Williams, Engineering Manager, provided informational update on the Clean Water Program and the Wastewater Treatment Plant Upgrade and Expansion project.
Public Comment: there were no requests to speak.
Councilmembers asked questions of staff. Staff confirmed that an agreement with Foster City related to interest repayment from a prior financial arrangement will be brought forward for Council consideration at an upcoming meeting. Staff also clarified that while there are ongoing claims and disputes associated with the project, these do not impact the current estimated project costs, which are conservatively projected.
Council inquired about the timeline for reopening the recreational path, with staff indicating it is anticipated to reopen by the end of May 2026. Discussion also included potential future uses of project-related parcels, including opportunities for park amenities and identification of certain sites as potential affordable housing locations consistent with the Housing Element. Additionally, staff provided an update on the Peninsula Pure Water Project, noting that while the City remains engaged, participation is likely in a later phase, and staff are concurrently exploring local recycled water opportunities with regional partners. Council expressed appreciation for the progress made on the project and acknowledged the effective management of a largescale infrastructure investment.
ADJOURNMENT – The meeting adjourned at 6:45 p.m.
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City Council Special Meeting Minutes – 3/2/2026 Page 2
APPROVED BY: SUBMITTED BY:
Adam Loraine, Mayor Martin McTaggart, City Clerk
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City Council Regular Meeting Minutes – 3/2/2026 Page 1
COUNCIL MEMBERS
Adam Loraine, Mayor
Nicole Fernandez, Deputy Mayor
Danielle Cwirko-Godycki
Lisa Diaz Nash
Rob Newsom Jr.
CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 2, 2026
City Hall, Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.
Roll Call
Present: Mayor Loraine, Deputy Mayor Fernandez, and Council Members Cwirko-Godycki, Diaz Nash, and Newsom.
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.
CEREMONIAL
1. Women's History Month — Proclamation The City Council recognized March as Women's History Month with a proclamation, which was presented to Aileen Cassinetto and Meghan Crowell with San Mateo County’s Commission on the Status of Women.
CONSENT CALENDAR
The following items, 2 through 4, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers.
Moved: Fernandez, Seconded: Newsom
Ayes: Fernandez, Newsom, Loraine, Cwirko-Godycki, and Diaz Nash Noes: None
2. 2026 City of San Mateo Legislative Platform — Approval Approve the 2026 City of San Mateo Legislative Platform.
3. Reclassification of Administrative Technician position to Housing Specialist II position — Approval Adopt a Resolution to re-classify one Administrative Technician position in the Community Development Department (CDD), Housing Division to a Housing Specialist II position.
Enactment: Resolution No. 19 (2026)
4. Park and Recreation Commission Appointment Subcommittee — Appointment Recommendation Appoint Maya Rae Osinki to the Park and Recreation Commission as a Youth Commissioner for a full term from March 2, 2026, through March 2, 2027, and place Nathaniel Brice Wilson on a six-month eligibility list, should a vacancy occur.
Youth Commissioner Maya Rae Osinki was sworn in by City Clerk Martin McTaggart.
PUBLIC COMMENT
There were no requests to speak.
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City Council Regular Meeting Minutes – 3/2/2026 Page 2
PUBLIC HEARING
5. 668 E. 3rd Avenue, New Multi-Family Residential Development (PA-2025-025) — Approval Elizabeth Gagliardi, Associate Planner, provided a presentation on the proposed Gateway Project. Applicant provided a presentation on the proposed development. The applicant, Prometheus Real Estate Group provided a presentation on the eight-story project, which includes 128 residential units (10 very low-income and 10 moderate-income below-market-rate units), and 73 below-grade parking spaces. The project utilizes State Density Bonus Law, including a waiver to exceed the six-story height limit of the General Plan for this site, requiring City Council approval.
Public comment: Darin Clark expressed support for project but advocated for strong labor standards. Ben Thai expressed concern about loss of retail and impact to small businesses.
The City Council adopted a resolution approving the project, with the added condition of approval, allowing the use of decorative tile at the building’s entryway, subject to staff approval. Staff was also asked to assist affected commercial tenants, as needed, to identify other suitable business location within the City.
Moved: Cwirko-Godycki, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.
Enactment: Resolution No. 20 (2026)
Recess was taken at 8:13 p.m. and resumed at 8:17 p.m.
6. Reach Codes for the 2025 Code Cycle — Ordinance Introduction Andrea Chow, Sustainability Analyst and Taylor Taylor, Managing Research Consultant from Peninsula Clean Energy provided a presentation on amendments to San Mateo Municipal Code Chapter 23.24 “Energy Code.” Public Comment: Gerard Manning, Harry Moody, Terri Whitehair, Elaine Salinger, Brian Schmit, Robert Whitehair, Seema Patel, Daishel Leeds, Wendy Chou, Michelle Hudson, Natalie, Bruce Nagel, Emily expressed support for the proposed reach codes.
The City Council asked questions of staff regarding the proposed reach codes. Council approved the first reading of the ordinance, establishing new local “reach codes” to advance the City’s climate goals. The amendments included: Cooling upgrade requirements for single family homes, duplexes and townhomes, cooling upgrade requirements for non-residential buildings, FlexPath for single family homes, duplexes and townhomes (for which, Council set a 1,000-square-foot threshold for additions and alterations and a target score of 12), and electric-readiness requirements for single family homes, duplexes and townhomes. The City Council also adopted a resolution finding that the proposed reach codes are reasonably necessary due to local conditions.
Moved: Cwirko-Godycki, Seconded: Newsom
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.
Enactment: Resolution No. 21 (2026)
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City Council Regular Meeting Minutes – 3/2/2026 Page 3
7. Operation of Leaf Blowers — Ordinance Introduction
Andrea Chow, Sustainability Analyst, provided a presentation on a proposed ordinance to amend San Mateo Municipal Code Chapter 10.80 "Operation of Leaf Blowers" to prohibit the use of gas leaf blowers. Staff presented three options to update the leaf blower hours of operation.
Public comment: Carol Whelhelmy spoke in support of the proposed ordinance with recommendations for amendments. Gerard Manning, Nancy Gogan spoke in support of the ordinance.
Council asked questions of staff and discussed the options for hours of operation and opted to retain the City’s current hours of operation that restrict leaf blower use on weekdays and Saturdays in residential zoning districts and in areas bordering residential zoning districts and prohibit leaf blower use on Sundays and specific holidays.
Council also added Juneteenth as a holiday that prohibits leaf blower use. The City Council approved the first reading of the ordinance.
Moved: Cwirko-Godycki, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.
NEW BUSINESS
8. Boards and Commissions — Establishment of Annual Appointment Subcommittees and Vacancy Process The City Council received a presentation from the City Clerk on the 2026 Boards and Commissions recruitment cycle. The City Clerk provided an overview of the prior year’s recruitment efforts and requested Council direction on incumbent reappointments, subcommittee assignments, and outreach strategies.
Public Comment: there were no requests to speak.
Council asked questions of staff and directed that incumbent board members and commissioners must reapply and participate in interviews unless they have served for less than one year. Members with attendance issues will also be required to reapply. The Council expanded participation in the Sustainability & Infrastructure and Planning Commission Appointment Subcommittees to all five Council Members. Council supported allowing Council Members to join additional subcommittees, noting that Special Meeting noticing would be required if more than two attend. Council also requested staff review Youth Commission age requirements, recruitment partnerships with local high schools, and outreach strategies to encourage broad community participation in this year’s recruitment cycle.
REPORTS, ANNOUNCEMENTS, AND COMMITTEE UPDATES
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events, along with updates.
ADJOURNMENT –The meeting adjourned at 10:24 p.m.
APPROVED BY: SUBMITTED BY:
Adam Loraine, Mayor Martin McTaggart, City Clerk
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CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 26-11105 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: April 20, 2026
SUBJECT:
Participation in National Opioid Settlement Agreement — Approval RECOMMENDATION:
Approve the City’s participation in a no-cost opioid settlement agreement with Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics); and authorize the City Attorney to execute documents confirming the City’s participation and electing to have the settlement funds be provided directly to the City of San Mateo.
BACKGROUND:
On September 15, 2025, the City Council approved participation in opioid settlement agreements with Purdue Pharma, Alvogen, Amneal, Apotex, Hikma, Indivior, Sun and Zydus. In addition, participation in a settlement with Mylan, another opioid manufacturer, was approved by City Council on October 6, 2025. This staff report requests participation in a similar settlement with: Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics).
Over the last several years, a number of nationwide litigation matters have been filed against manufacturers, distributors, and retailers of opioids. The allegations in these lawsuits have generally been that the defendants were complicit in the increasing problem of opioid addiction in the United States, and that they knew or should have known that the products they made or sold were being misused.
On December 6, 2021, the City Council first authorized the City Attorney to take all necessary steps and execute appropriate documents to participate in opioid settlement agreements with three opioid distributors – Cardinal Health, McKesson, and AmerisourceBergen (hereinafter, the “Distributors”) and the opioid manufacturer Janssen Pharmaceuticals, Inc., which is owned by Johnson and Johnson (collectively, “J&J”), and agree to implementing agreements. The City later joined settlement agreements involving Teva, Allergan, Walmart, CVS, Walgreens, and Purdue, among other entities. The State of California also came to a proposed settlement amount of $290 million with the opioid manufacturer Mylan. Like the other opioid settlements, local government support and sign-on are required to maximize the amount coming to our communities and eligible cities may elect to receive direct payment or have their allocated share go to the county in which they are located.
The amount the City will receive from these settlements is multi-factored and dependent on how many local agencies participate in the settlements. As an example, in 2022, the City Council authorized participation in a settlement agreement with J&J in the approximate amount of $820,000. From that settlement, the City was distributed approximately $28,000.
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CITY OF SAN MATEO
mitigation efforts locally. If the City opts into the settlements, it must release its claims against all of these entities. The deadline to join this settlement is May 4, 2026.
These funds will go to the City if it joins the settlement Funds going directly to participating states and subdivisions must be used for pre-approved purposes designed to help abate the opioid epidemic. These include a wide range of intervention, treatment, education, and recovery services. If the City receives direct payment it is obligated to report on the use of the funds, which must be used primarily for opioid abatement. The funds received by the City to date have been used to offset the cost of a mental health clinician at SMPD. The clinician accompanies sworn police officers on calls for service involving individuals experiencing a mental health crisis because a significant number of these calls involve crises related to substance abuse, including opioids.
BUDGET IMPACT:
There is no immediate budget impact for taking this action as it involves a decision whether to participate in a settlement agreement. Once the number of participating cities and counties is determined, a settlement administrator will calculate and distribute the settlement payment to the City. The City has received a total amount of $186,141 in opioid payments from various settlement agreements in which the City Council previously authorized participation. Thus far in fiscal year 25/26 the total amount in opioid payments is $109,287.
ENVIRONMENTAL DETERMINATION:
This proposed action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
None
STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020
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CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-2313 File ID: 26-11049 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 20, 2026
SUBJECT:
Service Employees International Union Side Letter of Agreement — Amendment RECOMMENDATION:
Adopt a Resolution to amend the Service Employees International Union (SEIU) Memorandum of Understanding (MOU), Section 10.2.3 Irrigation Crew to remove the two (2) years of continuous service requirement to be eligible to receive the five percent (5%) differential and clarify language.
BACKGROUND:
Recently, the Parks and Recreation Department notified the Human Resources Department that a Landscape Maintenance Worker I/II may have the required experience and skills to use landscape maintenance tools and equipment, and perform heavy manual labor and basic irrigation repairs to assist the Irrigation Specialist. Therefore, it is not necessary to wait two years before such differential is granted. The purpose of this revision is to remove the two (2) years of continuous service requirement. The proposed revisions are as follows:
10.2.3 Irrigation Crew
A merit Landscape Maintenance Worker I/II who is permanently assigned to assist the Irrigation Specialist shall be eligible to receive a five percent (5%) differential after successful completion of an in-house review of operational skills.
SEIU was notified of the proposed changes and waived the meet and confer process. The side letter of agreement was signed by SEIU on March 19, 2026.
BUDGET IMPACT:
There is no fiscal impact as there is sufficient funding within the current budget to support salary schedule revision.
ENVIRONMENTAL DETERMINATION:
This revision to the SEIU MOU is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A - Side Letter of Agreement
27 of 605
CITY OF SAN MATEO
STAFF CONTACT
Aracelia Esparza, Director of Human Resources
[email protected]
(650)522-7260
28 of 605
CITY OF SAN MATEO
RESOLUTION NO. ____ (2026)
APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SAN MATEO AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) WHEREAS, the Service Employees International Union (SEIU) and the City have negotiated changes to the Memorandum of Understanding (MOU) for the Union; and
WHEREAS, the purpose of the amendment is to remove the two (2) years of continuous service requirement to be eligible to receive the five percent (5%) differential when assigned to assist the Irrigation Specialist, and clarify language; and
WHEREAS, SEIU waived the meet and confer process and signed a Side Letter of Agreement to amend the SEIU MOU.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. This Side Letter of Agreement is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)
2. The amendments to the Memorandum of Understanding for the SEIU, set forth in the Side Letter of Agreement attached as Exhibit A, are approved and summarized as follows:
• Remove the two (2) years of continuous service requirement to be eligible to receive the five percent (5%) differential when assigned to assist the Irrigation Specialist; and • Clarify language.
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Side Letter of Agreement
Between
City of San Mateo
And
Service Employees Internation Union (SEIU)- Maintenance Unit March 18, 2026
Purpose: The purpose of this revision is to remove the two (2) years of continuous service requirement. The Landscape Maintenance Worker I/II may have the required experience and skills to perform the heavy manual labor, use of landscape maintenance tools and equipment, and basic irrigation repairs to assist the Irrigation Specialist. Therefore, it is not necessary to wait two years before such differential is granted.
10.2.3 Irrigation Crew
A merit Landscape Maintenance Worker I/II who is permanently assigned to assist the Irrigation Specialist shall be eligible to receive a five percent (5%) differential after successful completion of an in-house review of operational skills.
For SEIU- Maintenance Unit City of San Mateo
By: _______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Aracelia Esparza, Human Resources Director Date: _________ Date: __________
Docusign Envelope ID: 1D427DE2-2A13-426B-A43D-26FAC36823D4 3/19/2026 3/23/2026
30 of 605
CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 26-10925 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 20, 2026
SUBJECT:
1949 Pacific Blvd Public Utility Easement — Adoption
RECOMMENDATION:
Adopt a Resolution to grant a Public Utility Easement to PG&E at 1949 Pacific Blvd for electrical distribution service to support electric vehicle charging infrastructure and authorize the City Manager to execute the Grant of Easement in substantially the form presented.
BACKGROUND:
Electric vehicle charging infrastructure is necessary to support the City Council priority to electrify the City's fleet and in alignment with the City's Climate Action Plan to reduce greenhouse gas emissions from transportation. The Corporation Yard (Corp Yard), located at 1949 Pacific Blvd, was selected as one of the first locations to install electric vehicle (EV) chargers for fleet charging, and a total of six chargers are proposed to be installed. The six chargers will accommodate 12 EVs.
At the May 5, 2025, City Council meeting, the City Council approved the City‘s participation Pacific Gas & Electric's (PG&E's) EV Fleet Program, through which PG&E pays for and coordinates the design and deployment of service extensions from PG&E electrical distribution line facilities to the service delivery point for applicant-installed EV charging stations. PG&E proposed a service extension from an existing electrical distribution line facility located along Pacific Blvd to support the installation of the new EV chargers. To accommodate construction and maintenance related to the electrical service extensions, PG&E prepared a Grant of Easement, and the City's contracted Licensed Surveyor reviewed the plat and legal description for the Grant of Easement.
This proposed easement allows PG&E to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect, and use facilities within the easement area. Staff recommends Council adopt the attached Resolution granting the proposed public utility easement with associated plat and legal descriptions to PG&E in order to construct the necessary electrical facilities to support the City’s proposed EV chargers.
BUDGET IMPACT:
There is no budgetary impact for granting the public utility easement. Through PG&E’s Electric Vehicle Fleet Program, PG&E will install to-the-meter infrastructure at no cost to the City. The behind-the-meter design and construction is funded by the Peninsula Clean Energy Member Agency grant that was accepted and appropriated at the December 9, 2024, City Council meeting. Additionally, the City will receive a vehicle rebate from PG&E at the close of the project.
ENVIRONMENTAL DETERMINATION:
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CITY OF SAN MATEO
Approval of this public utility easement to PG&E is exempt from CEQA as the construction of a small structure, because it involves the installation of a utility service extension of a reasonable length to support the construction of proposed EV chargers at the City’s Corp Yard. (CEQA Guidelines Section 15303(d).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution with Public Utility Easement
STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007
Jimmy Vo, Engineering Manager
[email protected]
(650) 522-7319
32 of 605
CITY OF SAN MATEO
RESOLUTION NO. ____ (2026)
GRANTING A PUBLIC UTILITY EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY (PG&E) AT 1949 PACIFIC BLVD, SAN MATEO, CA 94403
WHEREAS, City Council adopted a Climate Action Plan on April 6, 2020 and subsequently adopted a Technical Update to the Climate Action Plan on March 18, 2024; and WHEREAS, the Climate Action Plan includes a recommended action to purchase electric vehicles (EVs) as replacements for gasoline, diesel, or conventional hybrid City fleet vehicles; and WHEREAS, EV charging infrastructure is necessary to charge electric City fleet vehicles; and WHEREAS, the Corporation Yard (Corp Yard), which is located at the address 1949 Pacific Blvd, was selected as one of the first City-owned location for installation of EV charging infrastructure for fleet vehicles; and
WHEREAS, Pacific Gas & Electric Company (PG&E) electrical distribution service lines must be constructed to provide electrical power for the EV charging infrastructure; and WHEREAS, PG&E requires the City to grant a public utility easement (PUE) to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use facilities and associated equipment for public utility purposes on, over, and under the easement area; and
WHEREAS, the easement area is described in the legal description and shown on the plat as provided in attached Exhibit A, which was prepared by PG&E’s contracted Licensed Surveyor to allow for recordation of the PUE; and
WHEREAS, the City’s contracted Licensed Surveyor determined the plat and legal description to be technically correct.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. This Council action is exempt from CEQA as the new construction of a small structure, because approval of this public utility easement to PG&E is to support the installation of a utility service extension of a reasonable length in order to construct proposed EV chargers at the City’s Corp Yard. (CEQA Guidelines Section 15303(d).)
2. The City Council hereby grants the Public Utility Easement, on behalf of the City of San Mateo, to PG&E as described in Exhibit A, attached hereto. The City Manager is authorized to execute the Easement Deed. The City Clerk is authorized to record the Grant of Public Utility Easement with the San Mateo County Recorder’s office.
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Distribution Electric and Gas Easement Version 1.1 (Rev. 03/26) (Mod. 4/7/26) RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc San Mateo
Recording Fee $_____________________________
Document Transfer Tax $ None
[X] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2304-04-11501 EASEMENT DEED
CITY OF SAN MATEO, a municipal corporation,
(“Grantor”), hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (“Grantee”), the right from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area set forth below, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of San Mateo, County of San Mateo, State of California, described as follows:
(APN 035-320-360)
The parcel of land described in the deed from Peninsula Golf & Country Club, a California corporation to the City of San Mateo, a municipal corporation dated May 16, 1969 and recorded in Volume 5641 of Official Records at page 531, San Mateo County Records.
The facilities and easement area are described as follows:
Underground duct banks, conduits, manholes, electrical conductors, wires, and cables; underground and aboveground junction boxes, enclosures, transformers with associated pads or vaults; aboveground risers, marker posts, service pedestals, appurtenances, and associated equipment, as Grantee deems necessary, for the distribution of electric energy; together with the right to install and maintain protection barriers therefor, all to be located within the parcel of land described as follows:
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Distribution Electric and Gas Easement Version 1.1 (Rev. 03/26) (Mod. 4/7/26) The strips of land described in Exhibit “A” and shown upon Exhibit “B”, attached hereto and made a part hereof.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “C”, attached hereto and made a part hereof.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
I hereby certify that a resolution was adopted
on the ____ day of ____________, 20____, by
the _________________________________
authoring the foregoing grant of easement.
By_______________________________
CITY OF SAN MATEO, a municipal
corporation,
By
By
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Distribution Electric and Gas Easement Version 1.1 (Rev. 03/26) (Mod. 4/7/26) State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Distribution Electric and Gas Easement Version 1.1 (Rev. 03/26) (Mod. 4/7/26) Pacific Gas and Electric Company
EXHIBIT “C”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement. • You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area. Installation of any proposed facilities outside of this easement area will require an additional easement.
• Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.
• The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
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Distribution Electric and Gas Easement Version 1.1 (Rev. 03/26) (Mod. 4/7/26) Attach to LD 2304-04-11501
Area 1, Peninsula Division
Land Service Office: San Jose
Line of Business: Electric Distribution (43)
Business Doc Type: Easement
MTRSQ: (23.04.04.28.23, 23.04.04.28.32) Pulgas Rancho
FERC License Number(s): N/A
PG&E Drawing Number(s): N/A
PLAT NO.: B0716 (Elec.), 3214-I8 (Gas)
LD of any affected documents: N/A
LD of any Cross-referenced documents: N/A
TYPE OF INTEREST: Electric Underground Easements (4), Communication Easments (6) SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
PM #: 35645549-1110
JCN: N/A
County: San Mateo
Utility Notice Numbers: N/A
851 Approval Application No.: N/A; Decision: N/A
Prepared By: F1PE
Checked By: DAN9
Approved by: JQW3 JW 04/07/26
40 of 605
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: 9 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 26-10886 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 20, 2026
SUBJECT:
2nd and El Camino Public Garage License Agreement — Amendment RECOMMENDATION:
Approve a First Amendment to the License Agreement between the City of San Mateo and Sutter Bay Hospitals, dba MillsPeninsula Medical Center, to clarify the agreement commencement date as July 1, 2025, confirm a thirty (30) day termination provision and authorize the City Manager to execute the amendment.
BACKGROUND:
On June 15, 2025, the City Council approved a license agreement with Sutter Bay Hospitals, dba Mills-Peninsula Medical Center (MPMC), for the use of sixty (60) City-owned parking spaces on the fifth floor of the 2nd Avenue and El Camino Real public garage for hospital staff parking.
Following execution, staff identified the need to clarify two aspects of the agreement: (1) its commencement date, and (2) termination notice. These clarifications do not change the number of parking spaces, or operational intent approved by Council for the license agreement.
The agreement currently states that is binding on the parties on the date of City Council approval, which was June 16, 2025. This update would instead establish the effective date as July 1, 2025. Also, existing language (Section 21) that permits termination on thirty (30) days’ notice would be retained, while contradictory language (in Section 2(A)) that allowed for termination on sixty (60) days’ notice would be removed. All other terms of the agreement would remain in full force and effect.
These changes provide certainty for both the City and MPMC and do not result in any substantive changes to the previously approved agreement. Therefore, staff recommends approval of the First Amendment to the License Agreement.
BUDGET IMPACT:
There is no fiscal impact associated with this amendment.
ENVIRONMENTAL DETERMINATION:
This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
41 of 605
CITY OF SAN MATEO
ATTACHMENTS
Att 1 – Proposed First Amendment to Licensing Agreement
STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009
42 of 605
{01831447 v.2}
FIRST AMENDMENT TO THE LICENSE AGREEMENT BETWEEN THE CITY OF SAN MATEO AND SUTTER
BAY HOSPITALS, DBA MILLS-PENINSULA MEDICAL CENTER, FOR THE USE OF CITY-OWNED PARKING SPACES
This First Amendment to License Agreement ("Amendment") is dated for reference purposes only this ____ day of April, 2026, by and between CITY OF SAN MATEO, a California charter city (herein termed "City"), and SUTTER BAY HOSPITALS, a California nonprofit public benefit corporation, dba MillsPeninsula Medical Center (herein termed "Licensee").
RECITALS
A. The City and Licensee entered into a License Agreement (“Agreement”) on June 15, 2025 for the use of sixty (60) parking spaces (individually, "Parking Space " and collectively, "Parking Spaces") at the 2nd and El Camino Parking Garage (the "Garage"), which is owned by the City.
B. The parties desire to amend the Agreement to clarify the term of the License.
NOW, THEREFORE, the parties agree as follows:
1. Amendment to Section 2(A) (Term). Section 2(A) of the Agreement is hereby deleted in its entirety and replaced with the following:
A. This Agreement shall be binding on City and Licensee as of July 1, 2025 (the “Effective Date”) and shall be for an initial term of one (1) year from the Effective Date ("Term") with four (4) additional one-year (1-year) options for renewal. Provided that Licensee is not in default under this License, the Term will renew automatically for one-year (1-year) periods of time, up to a total of five years including the initial oneyear term. 43 of 605
{01831447 v.2}
2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY OF SAN MATEO and SUTTER BAY HOSPITALS have executed this Amendment the day and year first above written.
CITY OF SAN MATEO LICENSEE: SUTTER BAY HOSPITALS, a California nonprofit public benefit corporation, dba MillsPeninsula Medical Center _______________________________________
Alex Khojikian Date
City Manager
______________________________________
Darian Harris Date
Chief Executive Officer
Mills-Peninsula Medical Center
APPROVED AS TO FORM:
________________________________________
Prasanna W. Rasiah
City Attorney
44 of 605
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: 10-6143 File ID: 26-11031 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: April 20, 2026
SUBJECT:
San Mateo County Community College District Use of Laurelwood Park – Agreement RECOMMENDATION:
Approve a License Agreement in the amount of $1.00 with San Mateo County Community College District to use Laurelwood Park Dam to conduct confined spaces training for students enrolled in the Fire Safety Academy; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
BACKGROUND:
The San Mateo County Community College District operates a Fire Technology program at the College of San Mateo (CSM) campus. This program prepares students to meet the high standards required to pursue careers in the fire service as a firefighter or in related fire protection fields. Through the expertise of its faculty and exposure to professional fire service personnel, students receive training in current fire technology theories and techniques, firefighting skills, and emergency medical services.
The program is state-certified as an Accredited Regional Training Program.
As part of the Confined Space curriculum, students gain hands-on experience with confined space rescue techniques in a controlled training environment. For the past three years, CSM has worked with San Mateo Consolidated Fire (SMC Fire Department) to schedule use of Laurelwood Park Dam for this training twice a year. Because the SMC Fire Department is now an independent agency, it is appropriate for the City and the District to enter into a license agreement for use of the dam located at Laurelwood Park. Under the agreement, the San Mateo County Community College District will pay the City $1.00. The term of the License Agreement is five years.
BUDGET IMPACT:
There is no budget impact associated with this license agreement.
ENVIRONMENTAL DETERMINATION:
This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – License Agreement
STAFF CONTACT
Marie Silva, Deputy Director, Parks & Recreation
[email protected]
650-522-7406
45 of 605
LICENSE AGREEMENT BETWEEN CITY OF SAN MATEO
AND SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT FOR USE OF LAURELWOOD DAM FOR
TRAINING
This LICENSE AGREEMENT is executed as of _____________ (the “Effective Date”), by and between San Mateo County Community College District ("Licensee") and the City of San Mateo, a California municipal corporation (the “Licensor”); and
WHEREAS, the Licensor owns real property located at Laurelwood Park Dam in the City of San Mateo, California, (the "Premises") as depicted on Exhibit A, attached hereto; and WHEREAS, the Licensee desires to use the Premises to conduct fire safety training known as “confined space entry training,” where students of College of San Mateo will practice horizontal and vertical entry. These exercises allow students to gain hands-on experience with confined space rescue techniques in a controlled training environment.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Licensor and the Licensee agree as follows:
1. USE, PURPOSE, TERM AND CONSIDERATION
1.1 Grant:
The Licensor hereby grants to the Licensee, its employees, authorized agents and contractors a nonexclusive license to enter and use the Premises during pre-approved scheduled days and times throughout the calendar year for the purposes of conducting fire safety training known as confined space entry training. A written request must be received at a minimum of 30 days in advance of the desired date for the use of the location. Licensor shall not conduct any training at the Premises until written approval is received from the City.
1.2 Premises:
The "Premises" are more specifically shown and designated on Exhibit "A" attached hereto and made a part hereof.
1.3 Assignment:
This License is not assignable and shall be used solely by the Licensee for the purposes set forth herein.
1.4 Term:
The term of this License shall be five (5) years commencing on execution hereof.
1.5 Consideration:
In consideration of Licensor's grant of the License, Licensee will pay Licensor $1.00.
2. USE CONDITIONS AND LIMITATIONS
2.1 Condition of Premises:
46 of 605
The Licensor makes no representations or warranties as to the condition of the Premises for the uses set forth in this License Agreement. The Licensee accepts the Premises "as is" and shall enter and use the Premises at the Licensee's sole risk.
2.2 Licensee shall maintain the licensed Premises in good condition during the term of this License. At the end of the term hereof, or upon earlier revocation or termination as provided in Section 5.
3. CONDUCT
3.1 During the exercise of the rights hereby granted, the Licensee shall at all times conduct itself so as not to interfere with the operations of the Licensor. Licensee shall observe and obey all reasonable directives from the duly designated representatives of the Licensor, as well as all other applicable laws, statutes, ordinances, regulations and permitting or licensing requirements. Licensee shall comply with all security and operational restrictions and procedures relating to the Premises.
3.2 Licensee shall conduct all of its activities so as not to exceed any noise restrictions or travel restrictions imposed by the City of San Mateo. In the event that Licensor receives any complaints from the City of San Mateo or from any residents of the City, in such numbers as the Licensor in its sole discretion deems significant, Licensor reserves the right to terminate and revoke this License.
3.3 Licensee shall comply with all laws, rules, regulations, and ordinances of any federal, state or municipal authority or regulatory body in the performance of its activities and the use of the Premises hereof. Licensee shall be solely responsible to obtain any permits and/or approvals from any such regulatory body. Licensee shall provide Licensor with a copy of all permits and approvals it obtains prior to commencing its activities on the Premises.
4. SECURITY
The Licensee shall be solely responsible for providing adequate security at the Premises for protection of the Licensee's materials and equipment. In no event will Licensor be liable for any loss of, or damage to, any equipment of Licensee, from any cause whatsoever
5. TERMINATION AND REVOCATION
5.1 This License may be revoked by Licensor for cause, in the event that any of the terms and provisions of this License are breached or violated; provided, however, that receipt by Licensor of a significant number of complaints from the City of San Mateo, as deemed by Licensor in its sole judgment, regarding Licensee's activities on the Premises, shall be cause for termination and revocation of the License.
5.2 This License may be revoked by Licensor without cause in Licensor's sole discretion.
5.3 In either event, if the Licensor so elects to terminate this License, Licensor shall forward by regular mail a written notice of revocation at least thirty (30) days prior to the termination date stated within said notice.
6. MODIFICATION AND AMENDMENTS
Modifications or amendments to this License Agreement shall be in writing and duly executed by both parties hereto to be effective.
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7. NOTICE
General Notification: The parties shall be deemed duly notified in accordance with the terms and provisions hereof, if written notices are mailed to the following addresses:
To CITY: Joanne Magrini
Director of Parks and Recreation
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 9443
To LICENSEE: San Mateo County Community College
District
Attn: Office of the Executive Vice
Chancellor
3401 CSM Drive
San Mateo, CA 94402
These addresses are subject to change, and the parties hereto agree to inform each other of such changes as soon as practicable.
8. NO ESTATE CREATED
This License Agreement shall not be construed as creating or vesting in the Licensee any estate in the Premises, but only in the limited right of possession as hereinabove stated.
9. EXHIBITS AND ATTACHMENTS
Any and all exhibits and attachments referenced herein or attached hereto are duly incorporated within this License Agreement.
10. INDEMNITY
Licensee agrees to hold harmless and indemnify Licensor, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Licensee’s performance of this Agreement, except for those claims arising out of Licensor’s sole negligence or willful misconduct. Licensee agrees to defend Licensor, its elected and appointed officials, employees, and agents against any such claims. The Licensee’s duty to indemnify shall survive expiration or early termination of this License Agreement.
11. INSURANCE.
Licensee shall procure and maintain for the duration of the contract the insurance specified in Exhibit B to this Agreement.
12 MISCELLANEOUS
12.1 Entire Agreement:
This License Agreement constitutes the entire agreement between the parties hereto, and all prior 48 of 605
agreements between the parties hereto, and all prior agreements covering the rights and privileges set out herein are superseded by this License.
12.2 Governing Law:
This License shall be deemed to be made and construed in accordance with the laws of the State of California and any pertinent Federal laws or regulations.
12.3 Invalid Provision:
If any provision of this License or any application thereof shall be held to be invalid by a court of competent jurisdiction, the remainder of this License shall not be affected thereby, unless, one or both Parties would be substantially and materially prejudiced.
12.4 Each of the signatories to this License Agreement represents and warrants that he/she is authorized to execute this License Agreement on behalf of their respective parties and that, when executed, this License Agreement shall be a valid and binding obligation, enforceable in accordance [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have caused the License Agreement to be executed as a sealed instrument and signed in duplicate by their duly authorized representatives, as of the date first above written.
LICENSOR LICENSEE
Joanne Magrini
Director of Parks and Recreation
Date Dr. Richard Storti
Executive Vice Chancellor of
Administrative Services
San Mateo County Community
College District
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
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Exhibit A
Approximate location of the facility (dam) marked by X
Laurelwood Dam is located west of 930 Laurelwood Dr, inside the Laurelwood Park near Creek Overlook Trail
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EXHIBIT B
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents.
Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
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Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 56 of 605
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: 10-6143 File ID: 26-11032 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: April 20, 2026
SUBJECT:
San Mateo Consolidated Fire Department Use of Laurelwood Park Open Space — Agreement RECOMMENDATION:
Approve a License Agreement with San Mateo Consolidated Fire Department (SMCFD) to use open space within Laurelwood Park to conduct annual wildland refresher training; and authorize the Director of Parks and Recreation to execute the license agreement in substantially the form presented.
BACKGROUND:
The SMCFD has historically used Laurelwood Park open space to conduct annual specialized wildland refresher training.
SMCFD will host its annual RT-130 Wildland Fire Safety Training, as required by federal and state authorities, including the U.S. Forest Service and the National Wildfire Coordinating Group. This qualification allows fire personnel to be deployed to incidents such as wildland and forest fires. Training activities will include off-road vehicle driving, wildland hose evolutions, shelter deployments, and chainsaw review within the Laurelwood Park open space. The term of the License Agreement is ten years, and SMCFD will pay the City $1.00 under the agreement.
BUDGET IMPACT:
There is no budget impact associated with this license agreement.
ENVIRONMENTAL DETERMINATION:
This license agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – License Agreement
STAFF CONTACT
Marie Silva, Deputy Director Parks & Recreation
[email protected]
650-522-7406
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LICENSE AGREEMENT BETWEEN CITY OF SAN MATEO
AND SAN MATEO CONSOLIDATED FIRE DEPARTMENT FOR USE OF LAURELWOOD PARK OPEN SPACE FOR
ANNUAL REFRESHER COURSE
This LICENSE AGREEMENT is executed as of _____________ (the “Effective Date”), by and between SAN MATEO CONSOLIDATED FIRE DEPARTMENT, a Joint Powers authority ("Licensee") and the City of San Mateo, a California municipality (the “Licensor”).
WHEREAS, Licensee needs to conduct annual wildland fire safety refresher training; and WHEREAS, the Licensor owns real property located at the Licensor's Laurelwood Park Open Space in the City of San Mateo, California, (the "Premises") as depicted on Exhibit A, attached hereto; and WHEREAS, the Licensee desires to use the Premises to conduct annual RT-130 Wildland Fire Safety Training for its employees.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Licensor and the Licensee agree as follows:
1. USE, PURPOSE, TERM AND CONSIDERATION
1.1 Grant:
The Licensor hereby grants to the Licensee, its employees, authorized agents and contractors a nonexclusive license to enter and use the Premises during pre-approved scheduled days and times throughout the calendar year for the purposes of wildland fire training, which consists of off-road vehicle driving, wildland hose evolutions, shelter deployments and chainsaw review. A written request must be received at a minimum of 30 days in advance of the desired date for use of the Premises. No activity shall commence until written approval is received from the Licensor.
1.2 Premises:
The "Premises" are more specifically shown and designated on Exhibit "A" attached hereto and made a part hereof.
1.3 Assignment:
This License is not assignable and shall be used solely by the Licensee for the purposes set forth herein.
1.4 Term:
The term of this License shall be ten (10) years commencing on execution hereof.
1.5 Consideration:
In consideration of Licensor's grant of the License, Licensee will pay Licensor $1.00.
2. USE CONDITIONS AND LIMITATIONS
2.1 Condition of Premises:
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The Licensor makes no representations or warranties as to the condition of the Premises for the uses set forth in this License Agreement. The Licensee accepts the Premises "as is" and shall enter and use the Premises at the Licensee's sole risk.
2.2 Licensee shall maintain the licensed Premises in good condition during the term of this License. At the end of the term hereof, or upon earlier revocation or termination as provided in Section 5.
2.3 Crews and vehicles will enter the Open Space through the City Gate at the end of Laurelwood Drive, conduct training at the dam as well as along the Tenderfoot and Salson Trails. Crews and vehicles will exit the Open Space via the City Gate at the end of Shasta Drive. Due care will be taken to ensure the safety of the public, and the Open Space will be left in good condition.
3. CONDUCT
3.1 During the exercise of the rights hereby granted, the Licensee shall at all times conduct itself so as not to interfere with the operations of the Licensor. Licensee shall observe and obey all reasonable directives from the duly designated representatives of the Licensor, as well as all other applicable laws, statutes, ordinances, regulations and permitting or licensing requirements. Licensee shall comply with all security and operational restrictions and procedures relating to the Premises.
3.2 Licensee shall conduct all of its activities so as not to exceed any noise restrictions or travel restrictions imposed by the City of San Mateo. In the event that Licensor receives any complaints from the City of San Mateo or from any residents of the City, in such numbers as the Licensor in its sole discretion deems significant, Licensor reserves the right to terminate and revoke this License.
3.3 Licensee shall comply with all laws, rules, regulations, and ordinances of any federal, state or municipal authority or regulatory body in the performance of its activities and the use of the Premises hereof. Licensee shall be solely responsible to obtain any permits and/or approvals from any such regulatory body. Licensee shall provide Licensor with a copy of all permits and approvals it obtains prior to commencing its activities on the Premises.
4. SECURITY
The Licensee shall be solely responsible for providing adequate security at the Premises for protection of the Licensee's materials and equipment. In no event will Licensor be liable for any loss of, or damage to, any equipment of Licensee, from any cause whatsoever.
5. TERMINATION AND REVOCATION
5.1 This License may be revoked by Licensor for cause, in the event that any of the terms and provisions of this License are breached or violated; provided, however, that receipt by Licensor of a significant number of complaints from the City of San Mateo, as deemed by Licensor in its sole judgment, regarding Licensee's activities on the Premises, shall be cause for termination and revocation of the License.
5.2 This License may be revoked by Licensor without cause in Licensor's sole discretion.
5.3 In either event, if the Licensor so elects to terminate this License, Licensor shall forward by regular mail a written notice of revocation at least thirty (30) days prior to the termination date stated 59 of 605
within said notice.
6. MODIFICATION AND AMENDMENTS
Modifications or amendments to this License Agreement shall be in writing and duly executed by both parties hereto to be effective.
7. NOTICE
General Notification: The parties shall be deemed duly notified in accordance with the terms and provisions hereof, if written notices are mailed to the following addresses:
To CITY: Joanne Magrini
Director of Parks and Recreation
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 9443
To LICENSEE: San Mateo Consolidated Fire Department
Attn: Joshua McGurk, Battalion Chief
(Training Department)
2121 S. El Camino Real
Building B, Suite 100
San Mateo, CA 94403
These addresses are subject to change, and the parties hereto agree to inform each other of such changes as soon as practicable.
8. NO ESTATE CREATED
This License Agreement shall not be construed as creating or vesting in the Licensee any estate in the Premises, but only in the limited right of possession as hereinabove stated.
9. EXHIBITS AND ATTACHMENTS
Any and all exhibits and attachments referenced herein or attached hereto are duly incorporated within this License Agreement.
10. INDEMNITY
Licensee agrees to hold harmless and indemnify Licensor, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Licensee’s performance of this Agreement, except for those claims arising out of Licensor’s sole negligence or willful misconduct. Licensee agrees to defend Licensor, its elected and appointed officials, employees, and agents against any such claims. The Licensee’s duty to indemnify shall survive expiration or early termination of this License Agreement.
11. INSURANCE.
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit 60 of 605
B to this Agreement.
12 MISCELLANEOUS
12.1 Entire Agreement:
This License Agreement constitutes the entire agreement between the parties hereto, and all prior agreements between the parties hereto, and all prior agreements covering the rights and privileges set out herein are superseded by this License.
12.2 Governing Law:
This License shall be deemed to be made and construed in accordance with the laws of the State of California and any pertinent Federal laws or regulations.
12.3 Invalid Provision:
If any provision of this License or any application thereof shall be held to be invalid by a court of competent jurisdiction, the remainder of this License shall not be affected thereby, unless, one or both Parties would be substantially and materially prejudiced.
12.4 Each of the signatories to this License Agreement represents and warrants that he/she is authorized to execute this License Agreement on behalf of their respective parties and that, when executed, this License Agreement shall be a valid and binding obligation, enforceable in accordance [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have caused the License Agreement to be executed as a sealed instrument and signed in duplicate by their duly authorized representatives, as of the date first above written.
LICENSOR LICENSEE
Joanne Magrini
Director of Parks and Recreation
Date Matthew Turturichi
San Mateo Consolidated Fire
Department
Chief
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
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Exhibit A
Approximate location of the facility (dam) marked by pin Laurelwood Park is located west of 930 Laurelwood open space, Sugarloaf area can also be accessed via the entrance located at 3471 Glendora Drive
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EXHIBIT B
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents.
Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
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Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 68 of 605
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: 10-4662 File ID: 26-11015 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 20, 2026
SUBJECT:
On-Call Design and Consultant Professional Services – Agreements RECOMMENDATION:
Approve various agreements for on-call professional design and consultant services through December 31, 2029, with:
Sandis Civil Engineers Surveyors Planners for professional consultant services for public outreach strategy and support services in an amount not to exceed $250,000; Winter Consulting Group, Inc. for professional consultant services for public outreach strategy and support services each in an amount not to exceed $250,000; BioMaAS, Inc. for arborist services in an amount not to exceed $150,000; Interwest Consulting Group, Inc. for professional consultant services for transportation services in an amount not to exceed $400,000; Iteris, Inc. for professional consultant services for transportation services in an amount not to exceed $400,000; Kimley-Horn and Associates, Inc. for professional consultant services for transportation services in an amount not to exceed $750,000; Sandis Civil Engineers Surveyors Planners for professional consultant services for transportation services in an amount not to exceed $1,000,000; and Walker Consultants, Inc. for professional consultant services for transportation services in amounts not to exceed $200,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and to execute any future no-cost amendments.
BACKGROUND:
On December 3, 2025, the Department of Public Works issued a request for proposals (RFP) to select qualified firms to provide on-call professional design and consultant services for public outreach strategy and support services, arborist services, and transportation services. These consultant services are needed to support the City in managing and implementing capital improvement projects.
The City received a total of nineteen (19) proposals and evaluated the proposals based on qualifications such as the firms’ understanding of the projects, experience with similar work, and the technical qualifications of key staff. The on-call consulting firms recommended by staff for each specialization, along with their respective recommended agreement amounts, are summarized in the accompanying table. The not-to-exceed contract amounts for each consultant are based on the type of services to be provided and the estimated level of effort required.
Consultant Service Award Amount Not to
Exceed Duration
Sandis Civil Engineers Surveyors Planners Public Outreach $250,000 3 years Winter Consulting Group, Inc. Public Outreach $250,000 3 years BioMaAS, Inc. Arborist $150,000 3 years
Interwest Consulting Group, Inc. Transportation $400,000 3 years Iteris, Inc. Transportation $400,000 3 years
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CITY OF SAN MATEO
Kimley-Horn and Associates, Inc. Transportation $750,000 3 years Sandis Civil Engineers Surveyors Planners Transportation $1,000,000 3 years Walker Consultants, Inc. Transportation $200,000 3 years The proposed terms of the agreements are through December 31, 2029, unless amended. Staff will issue task orders based on team availability and will solicit proposals, as appropriate, and develop specific project task orders, scopes of work, and budgets with each firm for work efforts performed as part of the on-call services and recommends Council approve the agreements.
BUDGET IMPACT:
Each consultant will be issued a blanket purchase order in the specified not-to-exceed amount as listed above. Individual project budgets will fund work under the respective task orders within the project‘s funding availability.
ENVIRONMENTAL DETERMINATION:
This Council action in approving various professional on-call agreements is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).) Each individual project assigned to an on-call consultant will be individually evaluated under CEQA.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement (Sandis Civil Engineers Surveyors Planners) - Public Outreach Strategy and Support Services Att 2 – Agreement (Winter Consulting Group) - Public Outreach Strategy and Support Services Att 3 – Agreement (BioMaAS, Inc.) - Arborist Services
Att 4 – Agreement (Interwest Consulting Group) - Transportation Services Att 5 – Agreement (Iteris, Inc.) - Transportation Services Att 6 – Agreement (Kimley-Horn and Associates) - Transportation Services Att 7 – Agreement (Sandis Civil Engineers Surveyors Planners) - Transportation Services Att 8 – Agreement (Walker Consultants, Inc.) - Transportation Services
STAFF CONTACT
Dominic Boneno, Associate Engineer
[email protected]
(650) 522-7341
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Professional Consultant Services Page 1 of 11
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AGREEMENT WITH SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL PUBLIC OUTREACH STRATEGY AND SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Sandis Civil Engineers Surveyors Planners, a corporation(“CONSULTANT”), whose address is 636 9th Street, Oakland, California 94607.
RECITALS:
A. CITY desires certain on-call public outreach strategy and support services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call public outreach strategy and support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.
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 $250,000, 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. 72 of 605
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s 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. 73 of 605
Professional Consultant Services Page 4 of 11
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 74 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, California 94403
To CONSULTANT: Sandis Civil Engineers Surveyors
Planners
Attn: Joe Paull
636 9th Street
Oakland, California 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.
75 of 605
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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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IN WITNESS WHEREOF, CITY OF SAN MATEO and Sandis Civil Engineers Surveyors Planners have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Ron Sanzo
Its Authorized Agent
Associate 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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EXHIBIT A
SCOPE OF SERVICES
Service Tasks include but are not limited to:
• Outreach Strategy Development
o Prepare a project-specific public outreach strategy and implementation plan. o Identify target audiences, key messages, and outreach methods. o Develop a schedule of outreach activities aligned with project milestones. • Community Engagement
o Create and maintain a contact list of residents, business, and community organizations. o Plan, coordinate, and facilitate public awareness meetings, workshops, and public forums. o Provide meeting logistics, including notices, agendas, presentation materials, and documentation.
• Public Communications
o Draft and produce outreach materials such as fact sheets, flyers, FAQs, project updates, newsletters, and mailouts.
• Community Meetings and Events
o Organize and support community meetings, open houses, and project-related events. o Provide facilitation, presentations, and meeting materials. o Document public input and prepare meeting minutes.
o Technical support during community meetings.
• Public Input and Feedback
o Develop and manage feedback surveys.
o Summarize public comments and inquiries.
• Reporting and Documentation
o Prepare regular progress reports summarizing outreach activities and outcomes. 80 of 605
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81 of 605
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EXHIBIT B
FEE RATES
82 of 605
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83 of 605
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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. 84 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 85 of 605
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AGREEMENT WITH WINTER CONSULTING GROUP, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL PUBLIC OUTREACH STRATEGY AND SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Winter Consulting Group, Inc., a corporation (“CONSULTANT”), whose address is 2201 Broadway, Suite 302, Oakland, California 94612.
RECITALS:
A. CITY desires certain on-call public outreach strategy and support services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call public outreach strategy and support 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.
86 of 605
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.
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 $250,000, 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. 87 of 605
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s 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. 88 of 605
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 89 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, California, 94403
To CONSULTANT: Winter Consulting Group, Inc.
Attn: Corinne Winter
2201 Broadway, Suite 302
Oakland, California 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.
90 of 605
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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]
91 of 605
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Winter Consulting Group, Inc. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Corinne Winter
President
Date
APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
93 of 605
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EXHIBIT A
SCOPE OF SERVICES
Service Tasks include but are not limited to:
• Outreach Strategy Development
o Prepare a project-specific public outreach strategy and implementation plan. o Identify target audiences, key messages, and outreach methods. o Develop a schedule of outreach activities aligned with project milestones. • Community Engagement
o Create and maintain a contact list of residents, business, and community organizations. o Plan, coordinate, and facilitate public awareness meetings, workshops, and public forums. o Provide meeting logistics, including notices, agendas, presentation materials, and documentation.
• Public Communications
o Draft and produce outreach materials such as fact sheets, flyers, FAQs, project updates, newsletters, and mailouts.
• Community Meetings and Events
o Organize and support community meetings, open houses, and project-related events. o Provide facilitation, presentations, and meeting materials. o Document public input and prepare meeting minutes.
o Technical support during community meetings.
• Public Input and Feedback
o Develop and manage feedback surveys.
o Summarize public comments and inquiries.
• Reporting and Documentation
o Prepare regular progress reports summarizing outreach activities and outcomes. 95 of 605
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96 of 605
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EXHIBIT B
FEE RATES
97 of 605
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98 of 605
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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. 99 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 100 of 605
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AGREEMENT WITH BIOMAAS, INC.
FOR PROFESSIONAL ON-CALL CONSULTANT SERVICES
FOR
ARBORIST SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and BioMaAS, Inc., a corporation (“CONSULTANT”), whose address is 1278 Indiana Street, Suite 300, San Francisco, CA 94107.
RECITALS:
A. CITY desires certain on-call arborist services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call arborist 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 are for on-call professional consultant services and are 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. 101 of 605
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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 the Agreement and be completed on December 31, 2029.
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 $150,000, 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.
102 of 605
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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 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. 103 of 605
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 104 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, California, 94403
To CONSULTANT: BioMaAS, Inc.
Attn: Bill Stagnaro
1278 Indiana Street, Suite 300
San Francisco, CA 94107
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.
105 of 605
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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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IN WITNESS WHEREOF, CITY OF SAN MATEO and BioMaAS, Inc. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Bill Stagnaro
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 Nguyen
Assistant City Attorney
Date <Insert Name>
<Insert Title>
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
108 of 605
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109 of 605
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EXHIBIT A
SCOPE OF SERVICES
Service Tasks include but are not limited to:
The on-call certified arborist will support City staff and work collaboratively with Public Works, other departments, tree maintenance contractor(s), and community members. • Management of Public Trees
o Coordinate and oversee the planting, maintenance, removal and protection of public trees. o Conduct inspections and risk assessments on public trees to determine structural condition, health, and public safety risk.
o Provide recommendations for protection, maintenance, or removal. • Review of Development and Capital Improvement Projects o Consultant should assist with any arborist related issues on development and capital improvement projects.
o Prepare arborist reports for capital improvement projects. 110 of 605
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111 of 605
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EXHIBIT B
FEE RATES
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113 of 605
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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. 114 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 115 of 605
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AGREEMENT WITH INTERWEST CONSULTING GROUP, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL TRANSPORTATION SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Interwest Consulting Group, Inc., a corporation, (“CONSULTANT”), whose address is 39355 California Street, Suite 200 Fremont, CA 94538:
RECITALS:
A. CITY desires certain on-call transportation services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call transportation 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. 116 of 605
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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 the Agreement and be completed on December 31, 2029.
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 $400,000, 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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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
Indemnity for Design Professional Services. 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 in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
Indemnity for Activities Other Than Design Professional Services. 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 non-design professional services under this Agreement, except for 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.
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SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
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. 119 of 605
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang & Bethany Lopez
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Interwest Consulting Group, Inc.
Attn: Mark Riffey
39355 California Street, Suite 200
Fremont, CA 94538
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.
120 of 605
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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 25 - 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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122 of 605
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IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Matthew K. Causley
Its Authorized Agent
Principal-in-Charge/Associate
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 <Insert Name>
<Insert Title>
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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124 of 605
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EXHIBIT A
SCOPE OF SERVICES
Category #6 – Transportation Services
The tasks may include, but are not limited to, the following:
Traffic Operations & Safety
o Conduct signal warrant analyses and evaluate signal timing and coordination needs. o Perform intersection and corridor operations analyses using software tools such as Synchro and VISSIM.
o Analyze existing traffic data, including volumes, turning movements, and peak-hour conditions, to evaluate operational performance and identify deficiencies, bottlenecks, and safety concerns.
o Conduct crash analysis, road safety audits, and recommend appropriate traffic calming measures.
o Recommend lane modifications, additions, or geometric improvements to enhance traffic flow and safety.
o Provide planning and integration strategies for Intelligent Transportation Systems (ITS), where applicable.
Transportation Planning & Studies
o Traffic studies.
o Multimodal planning (bike, pedestrian, transit) and preliminary design. o Parking, access, and circulation evaluations.
Data Collection & Analysis
o Turning movement counts, speed studies, queue length analyses. o Origin-destination and before/after studies.
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126 of 605
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EXHIBIT B
FEE RATES
127 of 605
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128 of 605
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129 of 605
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130 of 605
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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. 131 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 132 of 605
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AGREEMENT WITH ITERIS, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL TRANSPORTATION SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Iteris, Inc., a corporation, (“CONSULTANT”), whose address is 1999 Harrison Street, Suite 1675 Oakland, CA 94612.
RECITALS:
A. CITY desires certain on-call transportation services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call transportation 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. 133 of 605
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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 the Agreement and be completed on December 31, 2029.
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 $400,000, 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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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
Indemnity for Design Professional Services. 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 in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
Indemnity for Activities Other Than Design Professional Services. 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 non-design professional services under this Agreement, except for 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.
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SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
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. 136 of 605
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Iteris, Inc.
Attn: Steven Bradley
1999 Harrison Street, Suite 1675
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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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 25 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Steven Bradley
Its Authorized Agent
Principal-in-Charge/Associate
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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EXHIBIT A
SCOPE OF SERVICES
Category #6 – Transportation Services
The tasks may include, but are not limited to, the following:
Traffic Operations & Safety
o Conduct signal warrant analyses and evaluate signal timing and coordination needs. o Perform intersection and corridor operations analyses using software tools such as Synchro and VISSIM.
o Analyze existing traffic data, including volumes, turning movements, and peak-hour conditions, to evaluate operational performance and identify deficiencies, bottlenecks, and safety concerns.
o Conduct crash analysis, road safety audits, and recommend appropriate traffic calming measures.
o Recommend lane modifications, additions, or geometric improvements to enhance traffic flow and safety.
o Provide planning and integration strategies for Intelligent Transportation Systems (ITS), where applicable.
Transportation Planning & Studies
o Traffic studies.
o Multimodal planning (bike, pedestrian, transit) and preliminary design. o Parking, access, and circulation evaluations.
Data Collection & Analysis
o Turning movement counts, speed studies, queue length analyses. o Origin-destination and before/after studies.
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EXHIBIT B
FEE RATES
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
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. 146 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 147 of 605
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AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL TRANSPORTATION SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Kimley-Horn and Associates, Inc., a corporation, (“CONSULTANT”), whose address is 3 E 3 rd Avenue, San Mateo, CA 94401:
RECITALS:
A. CITY desires certain on-call transportation services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call transportation 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. 148 of 605
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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 the Agreement and be completed on December 31, 2029.
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 $750,000, 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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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
Indemnity for Design Professional Services. 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 in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
Indemnity for Activities Other Than Design Professional Services. 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 non-design professional services under this Agreement, except for 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.
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SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
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. 151 of 605
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Kimley-Horn and Associates, Inc.
Attn: John Pulliam
3 E 3rd Avenue
San Mateo, CA 94401
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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SECTION 23 - 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 25 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date John Pulliam
Its Authorized Agent
Principal-in-Charge/Associate
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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EXHIBIT A
SCOPE OF SERVICES
Category #6 – Transportation Services
The tasks may include, but are not limited to, the following:
Traffic Operations & Safety
o Conduct signal warrant analyses and evaluate signal timing and coordination needs. o Perform intersection and corridor operations analyses using software tools such as Synchro and VISSIM.
o Analyze existing traffic data, including volumes, turning movements, and peak-hour conditions, to evaluate operational performance and identify deficiencies, bottlenecks, and safety concerns.
o Conduct crash analysis, road safety audits, and recommend appropriate traffic calming measures.
o Recommend lane modifications, additions, or geometric improvements to enhance traffic flow and safety.
o Provide planning and integration strategies for Intelligent Transportation Systems (ITS), where applicable.
Transportation Planning & Studies
o Traffic studies.
o Multimodal planning (bike, pedestrian, transit) and preliminary design. o Parking, access, and circulation evaluations.
Data Collection & Analysis
o Turning movement counts, speed studies, queue length analyses. o Origin-destination and before/after studies.
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EXHIBIT B
FEE RATES
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
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. 161 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 162 of 605
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AGREEMENT WITH SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL TRANSPORTATION SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Sandis Civil Engineers Surveyors Planners, a corporation, (“CONSULTANT”), whose address is 636 9th Street, Oakland, California 94607:
RECITALS:
A. CITY desires certain on-call transportation services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call transportation 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. 163 of 605
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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 the Agreement and be completed on December 31, 2029.
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 $1,000,000, 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.
164 of 605
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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 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
Indemnity for Design Professional Services. 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 in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
Indemnity for Activities Other Than Design Professional Services. 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 non-design professional services under this Agreement, except for 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.
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SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is licensed in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
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. 166 of 605
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang & Bethany Lopez
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Sandis Civil Engineers Surveyors
Planners
Attn: Joe Paull
636 9th Street
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.
167 of 605
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This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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 25 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Ron Sanzo
Its Authorized Agent
Principal-in-Charge/Associate
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 <Insert Name>
<Insert Title>
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
170 of 605
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171 of 605
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EXHIBIT A
SCOPE OF SERVICES
Category #6 – Transportation Services
The tasks may include, but are not limited to, the following:
Traffic Operations & Safety
o Conduct signal warrant analyses and evaluate signal timing and coordination needs. o Perform intersection and corridor operations analyses using software tools such as Synchro and VISSIM.
o Analyze existing traffic data, including volumes, turning movements, and peak-hour conditions, to evaluate operational performance and identify deficiencies, bottlenecks, and safety concerns.
o Conduct crash analysis, road safety audits, and recommend appropriate traffic calming measures.
o Recommend lane modifications, additions, or geometric improvements to enhance traffic flow and safety.
o Provide planning and integration strategies for Intelligent Transportation Systems (ITS), where applicable.
Transportation Planning & Studies
o Traffic studies.
o Multimodal planning (bike, pedestrian, transit) and preliminary design. o Parking, access, and circulation evaluations.
Data Collection & Analysis
o Turning movement counts, speed studies, queue length analyses. o Origin-destination and before/after studies.
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173 of 605
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EXHIBIT B
FEE RATES
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
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. 176 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 177 of 605
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AGREEMENT WITH WALKER CONSULTANTS, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL TRANSPORTATION SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Walker Consultants, Inc., a corporation, (“CONSULTANT”), whose address is 601 California Street, Suite 820 San Francisco, CA 94108:
RECITALS:
A. CITY desires certain on-call transportation services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call transportation 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. 178 of 605
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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 the Agreement and be completed on December 31, 2029.
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 $200,000, 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.
179 of 605
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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 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
Indemnity for Design Professional Services. 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 in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
Indemnity for Activities Other Than Design Professional Services. 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 non-design professional services under this Agreement, except for 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.
180 of 605
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SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
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. 181 of 605
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: James Yang
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Walker Consultants, Inc.
Attn: Chrissy Mancini Nichols
601 California Street, Suite 820
San Francisco, CA 94108
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.
182 of 605
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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 25 - 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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184 of 605
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IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Chrissy Mancini Nichols
Its Authorized Agent
Principal-in-Charge/Associate
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
185 of 605
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186 of 605
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EXHIBIT A
SCOPE OF SERVICES
Category #6 – Transportation Services
The tasks may include, but are not limited to, the following:
Traffic Operations & Safety
o Conduct signal warrant analyses and evaluate signal timing and coordination needs. o Perform intersection and corridor operations analyses using software tools such as Synchro and VISSIM.
o Analyze existing traffic data, including volumes, turning movements, and peak-hour conditions, to evaluate operational performance and identify deficiencies, bottlenecks, and safety concerns.
o Conduct crash analysis, road safety audits, and recommend appropriate traffic calming measures.
o Recommend lane modifications, additions, or geometric improvements to enhance traffic flow and safety.
o Provide planning and integration strategies for Intelligent Transportation Systems (ITS), where applicable.
Transportation Planning & Studies
o Traffic studies.
o Multimodal planning (bike, pedestrian, transit) and preliminary design. o Parking, access, and circulation evaluations.
Data Collection & Analysis
o Turning movement counts, speed studies, queue length analyses. o Origin-destination and before/after studies.
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188 of 605
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EXHIBIT B
FEE RATES
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
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. 191 of 605
Mixed Professional Consultant Services Page 11 of 11
Rev 5/25 CAO
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. 192 of 605
CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 26-11016 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 20, 2026
SUBJECT:
Integrated Supervisory Control and Data Acquisition System Evaluation and Improvement — Change Order RECOMMENDATION:
Approve a Change Order to the agreement with Partners In Control, Inc. DBA Enterprise Automation (also refer as Enterprise Automation LLC.) to extend the agreement term for an additional year for annual design, programming, configuration, installation, testing, and maintenance of the Integrated Supervisory Control and Data Acquisition system and to provide integration and programming services for the 3-Water/Ferric Project in an amount not to exceed $331,800, for a total revised agreement amount not to exceed $807,479; extend the term of the agreement through July 31, 2027; and authorize the Public Works Director to approve the change order in substantially the form presented and any additional change orders within the agreement amount.
BACKGROUND:
The Supervisory Control and Data Acquisition (SCADA) system allows staff to monitor and control processes at the Wastewater Treatment Plant (WWTP) and sanitary sewer and stormwater pump stations throughout the City’s sewer and stormwater systems. Previously, the WWTP and pump station SCADA systems were standalone but have recently been integrated and updated as part of the Clean Water Program (CWP). As a critical system for monitoring operations and receiving alarms, the SCADA system requires ongoing maintenance to ensure proper operation. In addition, after the integration, City staff identified additional critical functions that need to be integrated into the SCADA system, including alarm programming updates, required maintenance, repair, and system updates.
On October 31, 2023, the City executed the original agreement with Partners In Control, Inc. dba Enterprise Automation (EA) for $40,804 from a list of preselected vendors identified by staff able to provide integration and programming services for the CWP. The original agreement and scope covered sewer and stormwater collection systems scope of work to review and improve the Marina Lagoon Pump Station, including alarm programming updates. The agreement was executed to immediately begin the improvement of the Marina Lagoon pump station as soon as possible so that the changes needed could be implemented prior to the wet weather.
On November 6, 2023, Council approved Contract Change Order No. 1 to add $158,352 for a new total not-to-exceed amount of $199,156. Change Order No. 1 added WWTP SCADA system support, including scheduled maintenance and priority emergency access to EA engineers. The scope was expanded to include an evaluation and implementation of additional functionality improvements to the SCADA system at the WWTP. This agreement was to secure a second preauthorized company familiar with the City’s programming standards when SCADA support and programming are necessary. Pre-authorization familiarizes the vendor with City design standards to allow them to program in the SCADA environment without causing unintended problems or catastrophic system errors.
On June 24, 2024, staff executed Contract Change Order No. 2 as a no-cost time extension extending the agreement term 193 of 605
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to July 31, 2025. On July 15, 2024, Council approved Contract Change Order No. 3 to add $151,523 for a revised not-toexceed amount of $350,679 and extend EA’s scope to continue to provide the WWTP SCADA system maintenance support and improvement for Fiscal Year 2024-25.
On June 16, 2025, Council approved Contract Change Order No. 4 to add $125,000 for a revised not-to-exceed amount of $475,679 and to extend EA’s scope to continue to provide the WWTP SCADA system maintenance support and improvement for Fiscal Year 2025-26. The agreement date was extended to July 31, 2026.
On December 1, 2025, Council approved the construction agreement for the Annual Major Component (AMC) 3- Water/Ferric project (Project) with C. Overaa, Inc (Overaa). Overaa has started construction and the installation of equipment as of April 1, 2026. As part of this Project, the City is required to provide SCADA integration and programming services. Overaa has notified the City that these services are needed sooner than originally anticipated, as the Project is currently under construction. Therefore, timely provision of SCADA integration and programming services is urgent to support ongoing activities and maintain the Project schedule.
As provided above, EA is the City’s current SCADA system maintenance provider and performs system maintenance, troubleshooting, and repairs. Due to its familiarity with the City’s programming standards and existing SCADA infrastructure, EA is able to provide integration services efficiently and without disruption to City operations. Overaa has notified the City that these services are needed sooner than originally anticipated, as the Project is currently under construction. Therefore, timely provision of these services is urgent to support ongoing activities and maintain the Project schedule.
Based on the above, staff recommends approving a change order to the existing agreement with EA to extend the term by one year and to provide additional budget for two purposes: (1) ongoing annual SCADA maintenance support services in the amount of $146,554 for an additional fiscal year and (2) SCADA integration and programming services for the 3- Water/Ferric Project in the amount of $185,246, for a total amount of $331,800. This approach supports continuity of maintenance services, addresses critical project needs, and is the most efficient and beneficial for both the City and the WWTP.
Staff negotiated a fee of $331,800, for a total not-to-exceed agreement amount of $807,479, to complete the Project’s scope of services and to extend the contract to July 31, 2027. Staff finds this amount to be reasonable for the scope of services to be provided and intends to issue a Request for Proposals (RFP) in the coming fiscal year to secure support for these services starting in fiscal year 2027-28.
BUDGET IMPACT:
There are sufficient funds available in the CWP WWTP Annual Major Components (46t090) project budget for this change order.
ENVIRONMENTAL DETERMINATION:
On June 6, 2016, the City Council certified a Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 2015032006), which serves as the primary environmental compliance document for implementation of the Clean Water Program. On July 16, 2018, the City approved Addendum 1 to the Final PEIR, and on April 15, 2019, approved Addendum 2.
Services from EA to support the AMC 3-Water/Ferric Project are included in the Clean Water Program.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Change Order No. 5
STAFF CONTACT
Jennifer Lam, Project Manager II
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CITY OF SAN MATEO
[email protected]
(650) 522-7281
Rob Learmonth, WWTP Manager
[email protected]
(650)-522-7386
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CITY OF SAN MATEO
PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER
PROJECTS: (1) Integrated SCADA System Evaluation and Improvement (2) AMC 3 Water Pumping Improvement and Ferric Chloride to Combined Sludge Line TO: Enterprise Automation LLC
CONTRACT CHANGE ORDER NO. 5 Page 1 of 1
PO/SCON No. Date 3/18/26
Cost Center Wastewater Treatment Plant
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.
DESCRIPTION OF WORK
Change Order No. 1 expanded the scope to include an evaluation and implementation of additional functionality improvements to the SCADA system at wastewater treatment plant (WWTP). Change Order No. 2 was a no-cost time extension. Change Order No. 3 extended EA’s scope to continue providing WWTP SCADA system maintenance support for the fiscal year 2024-25. Change Order No. 4 extended to EA’s contract to maintain and improve the integrated Supervisory Control and Data Acquisition System (SCADA) for fiscal 2025-26.
This Change Order No. 5 will extend Enterprise Automation’s (EA) contract to maintain and improve the integrated Supervisory Control and Data Acquisition System (SCADA). Additionally, it will extend EA’s contract to provide integration and programming for the AMC 3 Water/Ferric Project.
Change Order No. 5 will extend EA’s scope to cover Fiscal Year 2026-27, as follows:
Add Exhibit A1, Scope of Services, to “Section 2 - Scope of Services” to the Agreement to include “SCADA Support Contract FY 2026/2027” and “Project 3 Water Pumping Improvements FY 2026/2027” as described in Exhibit A1, hereby incorporated by reference.
Revise “Section 2 – Scope of Services,” Section 2.1 of the Agreement as follows: “The scope of services to be performed by VENDOR under this Agreement is as described in the Statement of Work in Exhibits A and A1 of this Agreement, which is attached and incorporated by reference.” Revise Section 2.6 “State of Work,” to reference Exhibit A1.
Revise “Section 5 - TERM” of the Agreement as follows: “The services to be performed under this agreement shall commence upon execution of this agreement and be completed on July 31, 2027” Revise the second sentence of “Section 6 - Payment', 6.1a” of the Agreement as follows: "In consideration for the full performance of the services set forth in Exhibits A and A1, customer agrees to pay VENDOR in an amount up to $807,479, pursuant to fee rates states in Exhibits A and A1, attached and incorporated by reference.” Revise Section 6.2 to also reference Exhibit A1.
Amend Section 28 to reference Exhibit A1.
Total cost of change not to exceed: $807,479
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
By reason of this proposed change, --- days extension of time will be allowed.
Date Accepted:
Contractor (insert company name)
By:
Title:
DISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File
STATEMENT OF ACCOUNT
Original Contract Price $40,804.00
Previous Change Orders $434,875.00
Total to date $475,679.00
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This Change Order $331,800.00
Revised Contract Price $807,479.00
Date Approved:
By:
MATT FABRY, Director of Public Works
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EXHIBIT A1
SCOPE OF SERVICES, PART 1:
SCADA SUPPORT FY 2026/2027
Enterprise Automation (EA) will provide the following services for elements listed in this Scope of Services listed below.
Background
Enterprise Automation (EA) began working with the City of San Mateo (the City) in 2020 to complete their SCADA Merger project. After the successful completion of that project, the City established a support contract with EA.
This SCADA support contract has been drafted to provide City of San Mateo with the cooperative and comprehensive coverage they seek for their SCADA system. It includes scheduled maintenance, priority access to EA, a change request budget for system improvements and fixes, and a budget to track manufacturer support renewals for the City’s SCADA assets.
Facilities Covered
The services provided under this SCADA support contract are solely for the following City of San Mateo facilities:
a) Wastewater Treatment Plant
2050 Detroit Ave.
San Mateo, CA 94404
1. Dale Avenue Pump Station (DAPS)
Dale Ave. & S Northfolk St.
San Mateo, CA 94404
b) Collections
1949 Pacific Blvd.
San Mateo, CA 94403
c) Underground Flow Equalization System (UFES)
1346 Saratoga Dr.
San Mateo, CA 94404
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Scope of Services
The services provided by EA under this SCADA support contract are limited to the following systems (for both water and wastewater systems):
a) SCADA software
a. AVEVA
i. AVEVA System Platform, formally Wonderware
ii. AVEVA Historian, formerly Wonderware
iii. AVEVA OMI, formerly Wonderware
b) PLC types and brands
a. Rockwell Automation
i. ControlLogix controllers
c) Alarm paging
a. SeQent FirstPAGE
b. Hardware supporting cell & radio notifications
d) OITs
a. Rockwell Automation
i. PanelView graphic terminals
e) SCADA Domain PCs, Virtual Machines
f) Associated SCADA panels and I/O
g) PLC hardware and programs
Project Management
EA will provide a dedicated project manager to be the main point of contact and steward all communication through EA. The PM has primary responsibility for this project’s scope, budget, and schedule. This will help ensure accurate and effective communications and decisions. The PM will perform all commercial, budget, and project tracking related updates through the life of the support contract.
With consideration of other ongoing projects with the City, the PM will communicate with the City’s key contact on a regular basis to review the status of this support contract’s budget, the outcome or status of any support requests, and to coordinate upcoming maintenance visits.
For each workshop or meeting involving key project decisions, EA will draft and release meeting minutes with action items and dates assigned within one week.
Key Project Management Roles and Activities:
1. Primary point of contact, communications coordination
2. Maintenance visit scheduling
3. Urgent support coordination
4. Project status tracking (daily/weekly)
5. Status communication with the City
6. Contract invoices and tracking report (monthly)
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Services Provided
EA will provide the following services are divided into the following SCADA support categories:
1. As-needed project task orders
2. 10 hours per day 5 days per week (“10x5”) urgent support priority
3. Two (bi-annual) scheduled maintenance inspections (roughly every 6 months)
4. Development and maintenance of the City manufacturer’s support renewal tracking system (e.g. Dell support, Wonderware support, etc.) Urgent Support (10x5)
General
The support covered in this contract will provide priority support as needed via the following support tiers. All support responses including Emergency and urgent support work will be charged at EA’s standard engineering hourly rates. This support does not include dedicated time for these activities.
Phone support
Phone support will be provided during the regular business week, Monday through Friday (excluding Holidays) from 8am to 6pm. In cases where production is threatened, troubleshooting may continue past 6pm.
Remote support
Remote support and diagnosis of problems by EA engineers will be provided where necessary.
A change request will be needed for EA to get remote access and provide this level of support.
Urgent on-site support
Where necessary, EA engineers will be available for on-site support, with the City receiving priority scheduling.
There may be times where immediate call response and on-site attendance is not practical or possible.
Scheduled SCADA Maintenance
In order to ensure the PLCs, OITs, and SCADA systems are properly maintained and updated, Enterprise Automation will perform scheduled maintenance twice per year.
The services to be provided during scheduled maintenance visits includes:
• Review of system error logs
• Review of SCADA alarms
• Interviewing engineering and operation staff for platform performance issues • Complete backup of all virtualized resources
• Hardware visual inspection:
o Control panels with PLCs or Remote IO (review status lights) o Server Infrastructure (servers, UPS, thin clients, etc.) 201 of 605
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o IT hardware (review status lights)
o Thin Clients and peripherals
Test platform update
As part of EA’s standard maintenance procedures, Windows Updates will be applied and tested to the City’s SCADA servers. On occasion, an update will interfere with SCADA system functions.
An example may include communication with field devices or opening third party (nonMicrosoft) software.
For this reason, prior to each on-site maintenance trip, EA will install Microsoft updates on all SCADA computers on the City’s test platform and will subsequently run the system overnight to validate SCADA operations.
Test platform hosting
Enterprise Automation currently hosts 20+ virtual machines on our IT infrastructure. This allows EA to develop and make changes to the City’s SCADA system in a controlled manner. On this platform, we can easily test changes before they are deployed onsite, minimizing deployment risk.
Microsoft update failure
Should an update affect the integrity of the SCADA system, EA will investigate the issue and identify a solution. Solutions may include skipping installation of the specific update(s), requesting SCADA software manufacturer support (patches, hotfixes, etc.), or identifying alternatives as recommended by Microsoft.
If required, EA will perform all safe updates on-site, excluding the failed update, so that the SCADA system on-site is as current as possible.
Scheduled maintenance execution
For each of the two maintenance visits, EA will schedule and send one engineer into the field for two days. EA will schedule the visit in advance, making our best effort to align with the City’s preferred weekday hours of operation. The goal of this visit is to test the draft maintenance procedures while training city staff on how to perform the inspections and fill out the maintenance procedures.
Inspection Follow-up
During the course of executing the maintenance procedures it is not uncommon for EA to find issues which need to be addressed. EA has provided time to review these issues with the City (via phone). These types of issues are normally turned into CRs.
Manufactures’ Support Renewal Tracking
The City’s SCADA platform consists of a wide variety of hardware and software components.
Due to the mission critical nature of the system, EA recommends maintaining manufacturer’s support on an annual basis. Examples include:
• Dell server next day business support
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• Wonderware technical support (System Platform, Historian, etc.) • VMware vCenter Server technical support
• Veeam technical support
• Studio 5000 software support, etc.
The wide variety of components and manufacturers results in a complex annual renewal schedule to manage, which requires a systematic schedule and reminder system to do successfully. Under this support contract, EA will maintain the renewal/expiration reminders in the Mantis tracking system, which will continue to function as previously designed.
Compensation Schedule
Annual Fees
Annual fees for retaining the support services of Enterprise Automation are:
Initiation $2,650
On Call Support $69,960
SCADA Maintenance $38,876
Project Management $16,128
Priority Support Fee $7,500
Test Platform Housing fee $8,388
Travel $5,052
Total Annual Fee $146,554
EA will make reasonable effort to schedule maintenance visits but is not liable for any unused support time if the City does not respond to scheduling requests in a timely manner.
Support Rates
Any service which exceeds the budgets specified in this support contract will be billed at current EA rates. These additional services will require written approval before EA proceeds with any additional labor.
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Cost Estimate
The tasks to be performed along with the estimated time to complete the tasks are detailed in the attached cost estimate (Appendix B).
Work is on a time and expenses basis, and the pricing in Appendix B is an estimate only made in good faith without consideration for delays and unknowns.
Appendix B: Cost Estimate Detail
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SCOPE OF SERVICES, PART 2
PROJECT 3 WATER IMPROVEMENTS FY 2026/2027
Background
The City of San Mateo (City) has asked Enterprise Automation (EA) to support the programming effort for their 3 Water Pumping Improvements and Ferric Chloride to Combined Sludge Line Project. Alongside physical sites improvements being executed by the City’s contractors, the City wants EA to ensure the site improvements are also incorporated into their onsite controls and SCADA system.
EA will be contracted directly with the City to develop design documents for the control system updates, configure the PLC, SCADA, and OIT programs, and commission the modified programs onsite alongside the physical site improvements.
Project Requirements:
1. Design, configure, test, and deploy PLC, SCADA, and OIT program modifications based on the overall site improvements project.
2. Develop and deliver training materials for the City’s operation staff for the controls system
Supporting Documentation
This scope was developed with support from the following documents:
1. Sept2025 City of San Mateo 3 Water Pumping Improvements and Ferric Chloride to Combined Sludge Line Project Specifications
2. Sept2025 City of San Mateo 3 Water Pumping Improvements and Ferric Chloride to Combined Sludge Line Project Drawings
Scope of Work
This section details the scope of work for tasks included in the estimate in Appendix B, which are arranged to represent the expected order of execution.
At the bottom of each section will be a summary of the deliverables to be produced. • Client deliverables: items EA will produce and submit to the client • Internal deliverables: items EA will produce for internal use (available by request) Project Management
EA will provide a dedicated project manager to be the main point of contact and steward all communication through EA. The PM has primary responsibility for this project’s scope, budget, and schedule.
The PM will prepare a project schedule, publish it, and periodically update it as the project unfolds. At the commencement of the project, the PM will submit the schedule to the City in electronic format.
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Throughout the life of the project, the PM will perform all commercial, budget, and project tracking related updates. The labor estimate for project management is comprised of a fixed percentage of all other engineering hours (as shown in the estimate).
For each workshop or meeting involving key project decisions, EA’s PM will submit an agenda for review and meeting minutes with action items and dates assigned.
Key Project Management Roles and Activities:
1. Primary point of contact, communications coordination
2. Project scheduling
3. Internal project team meeting coordination
4. Project status tracking (daily/weekly)
5. Project status communication with the City
6. Project invoices and tracking report (monthly)
7. Project coordination
8. Procurement oversight
PM Communications Plan
Project Status Updates
The PM will contact the City’s project manager a minimum of once every two weeks, via email, to provide status updates for all ongoing tasks. This standard practice helps to maintain an open line of communication when current project activities do not require direct contact between EA and the City.
Project Initiation
The “Initiation” sheet in the estimate includes activities associated with starting the project.
This includes setting up the project in our accounting, project tracking, and resource planning systems.
Execution Planning
Following receipt of a Notice to Proceed or Purchase Order, execution planning will be the first technical task of this contract. This crucial engineering activity involves documenting the systematic process and milestones required to produce each deliverable.
Draft execution plans are created at the Initiation Stage and are frequently updated. This ongoing process helps the team accurately track progress and predict future performance.
Additionally, execution planning is an essential part of EA’s schedules and quality management program. They ensure that resource needs and technical risks are identified as early as possible. 209 of 605
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Internal Kickoff
Once the project has been set up in our accounting system and an engineering team has been established, they will perform an internal team kickoff to review and discuss:
1. Client background, project background, and project goals
2. Project scope, budget, and milestones/schedule
3. All available relevant documentation (specs, designs, etc.) During or shortly after the internal kickoff, EA will develop a formal risk register to track known or potential project risks (commercial, technical, coordination, etc.) and mitigation strategies.
The risk register will be updated on a regular basis throughout the life of a project and is available for client review at any time.
Project Kickoff Meeting
Following the internal kickoff meeting, EA will prepare for a formal kickoff meeting with the City. We will release an agenda at least one week prior to the meeting. EA’s project team, including project engineers and the project manager, will attend the formal kickoff meeting.
DESCRIPTION OF WORK Deliverables
Client Deliverables
Kickoff meeting minutes
Project Schedule in Gantt format
Internal Deliverables
1. Execution plans
Initial risk register
Meetings
Client Coordination Meetings
EA has reserved time for as needed coordination with the City and relevant parties. These meetings may take place over the phone, virtually, or in-person. The intent is to establish consistent communication between all parties and provide an opportunity to discuss any part of the project that requires the City’s involvement.
Internal Team Check-in Meetings
Brief check-in meetings between the EA PM and engineering project team will be conducted regularly throughout the project. These meetings are used to align all members of our team on overall project status, budget, schedule, and scope. The risk register is also updated as known risks are averted or mitigated and new risk scenarios are identified.
These formal meetings are a critical component to the success of a project as they facilitate and ensure team coordination and collaboration on a regular basis. 210 of 605
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DESCRIPTION OF WORK Deliverables
Client Deliverables
1. None
Internal Deliverables
1. None
Controls Specifications
Specifications and drawings review
At the onset of this project, EA will review the City’s developed drawings and specifications, as they relate to the controls system. EA anticipates reviewing the civil, electrical, mechanical, structural, and instrument drawings as well as the equipment, electrical, and I&C specifications.
Additionally, EA will obtain and review the existing PLC programs for each PLC.
The intent of this in-depth review is to ensure EA understands the existing system and the intent for this improvements project holistically.
Workshops
EA will use the information from the previous reviews to prepare draft specifications. EA will host a design workshop at the beginning of this phase to ensure controls requirements are fully understood prior to developing controls design documentation. EA will host a review workshop once EA believes the specifications are at 90% complete. This will ensure EA and the City believe we have the functionality properly defined prior to programming.
Controls specifications
For this project, EA will develop controls documentation to create the following deliverables:
• IO list
• PLC design
• SCADA design
• OIT design
• Network design
The IO list will consist of both PLC’s input and output signals. This is a crucial piece of information not only for programming but also for troubleshooting and understanding the system.
The PLC design will consist of the system’s control narrative, also called the Functional Specification. This is a living document that will detail the system’s process control and defines how the PLC program is supposed to work. This is useful not only for programming the system it has been developed for, but also useful for system testing, troubleshooting, and training.
The SCADA design and OIT design will consist of mockups of the screen modifications to be made in the SCADA and OIT programs as a result of this improvements project.
The network design will be a simple one page overview network drawing detailing how the PLCs will be networked to SCADA and their respective IP addresses. 211 of 605
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EA will submit these controls specifications to the City for review and feedback.
DESCRIPTION OF WORK Deliverables
Client Deliverables
1. Design workshop agenda and meeting minutes
IO list
PLC design
SCADA design
OIT design
Network design
Design review workshop agenda and meeting minutes
Internal Deliverables
1. Drawings and specifications review notes
Configuration
Once controls designs have been approved, EA will make program modifications according to those controls design documents.
The PLC program will be modified and operate as detailed in the PLC Functional Specification.
The SCADA and OIT screens will be modified according to the modifications in the SCADA and OIT designs.
As detailed in the City’s specifications, EA will additionally participate in cadenced systems configuration and control logic meetings.
Specifically:
• Systems configuration meetings
o Preliminary meeting
o Development review meeting
o Pre-submittal review meeting
o Final review meeting
• Control logic meetings
o Preliminary meeting
o Development review meeting
o Pre-submittal review meeting
o Vendor control panel programming meeting
o Final review meeting
DESCRIPTION OF WORK Deliverables
Client Deliverables
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1. None
Internal Deliverables
1. None
Testing
Following the completion of configuration, EA will internally test the modified programs. First, EA will develop procedures and checklists to guide the testing process. EA will then test the PLC, SCADA, and OIT programs point to point against the Functional Specification, SCADA design, and OIT design. Non-conformances will be addressed prior to onsite deployment.
Following internal testing, EA will host a SCADA witnessed FAT (virtual or in person) where EA will invite the City to participate in and review an abridged version of EA’s functional testing.
Here, the City will get an opportunity to review and provide feedback on the programming that has been modified prior to onsite deployment.
DESCRIPTION OF WORK Deliverables
Client Deliverables
1. None
Internal Deliverables
1. Internal testing procedures and checklists
SCADA FAT testing documentation
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Commissioning
Prior to onsite deployment, EA will execute a series of preparation steps. This includes the development of deployment procedures and checklists to guide the deployment process and a deployment planning workshop. The workshop will provide an opportunity for EA, the City, and the City’s contractors to coordinate ahead of onsite commissioning. The goal is to make sure we not only understand the general commissioning steps to prove the programming is working as expected, but to also make sure the coordination with other contractors is aligned so that there are not large delays. (Example: understanding how to test pumping water, where it will flow, etc.)
Once prepared, EA will arrive onsite to execute the deployment procedures and checklists. EA will ensure the updated PLC, SCADA, and OIT programs function as anticipated and that startup for the controls system goes smoothly. EA will perform a SAT to verify the live system will continue to operate as expected.
DESCRIPTION OF WORK Deliverables
Client Deliverables
1. Deployment procedures and checklists
Deployment planning workshop agenda and meeting
minutes
Commissioned PLC, SCADA, and OIT programs
Internal Deliverables
1. None
Closeout
EA will update developed design documentation to as-built.
DESCRIPTION OF WORK Deliverables
Client Deliverables
1. As-built documentation
Internal Deliverables
1. None
Training
EA has included time to develop training materials and to deliver an operator-focused training class. The intent of this is to leave the City in the best position possible to operate and troubleshoot their system and mitigate the need for excessive outside support. EA will attempt to conduct this training class in the same visit as commissioning. 215 of 605
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DESCRIPTION OF WORK Deliverables
Client Deliverables
1. Operator training manual
Operator training class
Internal Deliverables
1. None
I/O Count
The cost estimate and scope was developed based on the following I/O information.
EA expects that this count will change during the project and has budgeted for some minor variability. If the I/O count changes significantly following the City’s acceptance and release of work against it, additional budget may be required. EA will work with the City to mitigate this risk.
Schedule
The PM will release an initial schedule upon project initiation. EA is aiming for an October 2026 completion date, but EA will need to work with the City on scheduling before committing to this timeframe.
Cost Estimate
The tasks to be performed along with the estimated time to complete the tasks are detailed in the attached cost estimate (Appendix B).
Work is on a time and expenses basis, and the pricing in Appendix B is an estimate only made in good faith without consideration for delays and unknowns.
Panel Name:
PLC-11A
Digital Inputs Digital Outputs Analog Inputs Analog Outputs 10 2 6 2
Panel Name:
PLC-6
Digital Inputs Digital Outputs Analog Inputs Analog Outputs 41 14 5 0
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210 Goddard Irvine CA 92618 USA
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Appendix A: Deliverables List
Client Deliverables
Kickoff meeting minutes
Project Schedule in Gantt format
Design workshop agenda and meeting minutes
IO list
PLC design
SCADA design
OIT design
Network design
Design review workshop agenda and meeting minutes
Deployment procedures and checklists
Deployment planning workshop agenda and meeting minutes Commissioned PLC, SCADA, and OIT programs
As-built documentation
Operator training manual
Operator training class
Internal Deliverables
Execution plans
Initial risk register
Drawings and specifications review notes
Internal testing procedures and checklists
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Appendix B: Cost Estimate Details
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FY26 Engineering Rates
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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: 14 Section Name: CONSENT CALENDAR Account Number: 26-3125 File ID: 26-10854 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: April 20, 2026
SUBJECT:
On-Call Building Support Services — Agreements
RECOMMENDATION:
Approve professional services agreements with 4Leaf, Inc., CSG Consultants, Inc., Interwest Consulting Group, Inc., True North Compliance Services, Inc. and Urban37, for on-call building support services for a term of five years each, with compensation not to exceed $1,000,000 per agreement; and authorize the Community Development Director to execute the agreements in substantially the form presented.
BACKGROUND:
To meet community and City Council expectations for customer service, building permit reviews and processing, and inspections, the Community Development Department (CDD) has utilized consultants for a number of different specialized services within the Building Division. These services are frequently utilized in response to staff shortages/transitions or due to high volumes of permit applications and development activity in the City. Over the past few years, the Building Division has experienced a very high volume of permit applications and subsequent inspection requests after the permits are issued. More recently, staff is preparing for an increase in the submittal of large development permit applications based on the current development pipeline that is moving through planning entitlements. To ensure the City is prepared for to review, process and inspect these projects, CDD issued a request for qualifications (RFQ) in September 2025 to identify firms capable of providing specialized building support services on an on-call basis. The RFQ identified a number of areas where the Building Division anticipated a future need for professional services and allowed interested firms to submit statements of qualifications for any or all of those identified needs.
In total, the City received responses from eight firms in response to the RFQ and evaluated those submissions based on each firm’s understanding of the work involved, prior experience with similar work, quality and technical ability of the proposed staff, and the pricing structure. Based on this criteria, interviews with each firm and reference checks, CDD staff identified five firms that were best suited and qualified to provide on-call building support services to the City. Together, these firms provide a broad range of services and cover all areas CDD identified as potential Building Division needs. The five firms are:
• 4LEAF, Inc.
• CSG Consultants, Inc.
• Interwest Consulting Group, Inc.
• Urban37
• True North Compliance Services, Inc.
BUDGET IMPACT:
The professional services provided through each of these contracts will be covered by the City’s Construction Services Fund (Fund 230) and will be accounted for within CDD’s annual operating budget. For some services, including plan check, 231 of 605
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each firm has a pricing structure that charges a percentage of the City’s plan check fee, ensuring that the City will not be incurring costs that exceed the revenue brought in from building permit applications.
ENVIRONMENTAL DETERMINATION:
The approval of these agreements is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5)).
NOTICE PROVIDED:
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Professional Services Agreement - 4LEAF, Inc.
Att 2 – Professional Services Agreement - CSG Consultants, Inc.
Att 3 – Professional Services Agreement - Interwest Consulting Group, Inc.
Att 4 – Professional Services Agreement - True North Compliance Services, Inc.
Att 5 – Professional Services Agreement - Urban37
STAFF CONTACT
Jennifer Rosas, Business Manager
[email protected]
(650) 522-7164
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AGREEMENT WITH 4LEAF, INC
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL BUILDING SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and 4LEAF, INC., a California Corporation (“CONSULTANT”), whose address is 2126 Rheem Drive, Pleasanton, CA 94588.
RECITALS:
A. CITY desires certain on-call building support service services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call building support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 233 of 605
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2031.
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 $1,000,000, 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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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. 235 of 605
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 236 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: 4LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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SECTION 23 - 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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IN WITNESS WHEREOF, CITY OF SAN MATEO and 4LEAF, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Zachary Dahl
Community Development Director
Date Kevin J. Duggan
Its Authorized Agent
President,
4LEAF, Inc.
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Plan Review Services
Consultant will provide Plan Review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and State and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance and all other applicable codes / ordinances. We provide these services for project types including Single-Family Dwellings, large Multi-Family Mixed-Use Dwelling Units, Commercial, and Industrial.
Delivery Models
• On-Site Review: Consultant will deploy Registered Professional Engineers to City’s facility to perform structural and non-structural reviews. This provides the City with immediate access to expertise in lifesafety, accessibility, and MEP (Mechanical, Electrical, Plumbing) compliance. • Off-Site & Electronic Review: Consultant utilizes a "Green Line" approach to deliver cost-effective, environmentally friendly digital reviews. This model provides the City and stakeholders with a secure online portal for real-time status tracking and seamless collaboration.
Approach
The specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data;
• Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws;
• Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references.
Turn-Around Times
Off-site plan reviews are performed at Consultant’s office, with plans transmitted by personal delivery or overnight service. Consultant’s standard turn-around times are within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on City’s needs. 4LEAF also provides Fire Plan Review services.
Type of
Plans
Transportati
on
Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
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*Residential < 24 Hours
(pick up &
delivery)
< 10 Days < 5 Days < 5 Days < 5 Days < 3 Days
**MultiFamily < 24 Hours
(pick up &
delivery)
< 10 Days < 5 Days < 5 Days < 5 Days < 3 Days
Commercial < 24 Hours
(pick up &
delivery)
< 10 Days < 5 Days < 5 Days < 5 Days < 3 Days
***Large
Commercial
> 15,000 s.f.
< 24 Hours
(pick up &
delivery)
Negotiable Negotiable Negotiable Negotiable Negotiable
*Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.
Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e-mail. 4LEAF prefers to pick-up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail [email protected].
Permit Technician Services
Consultant technicians are dedicated to delivering accurate information and exceptional customer service to residents, contractors, and developers.
Core Responsibilities
• Permit Intake & Quality Control: Reviewing plans for completeness, verifying accuracy, and coordinating routing to relevant agencies.
• Financial & Procedural Support: Calculating permit fees, assisting with applications, and explaining local ordinances to stakeholders.
• Data & Record Management: Operating computerized permit systems, inputting inspection data, and maintaining secure building permit files.
• Public Liaison: Managing high-volume counter and phone inquiries to ensure timely project progression and code compliance.
Inspection Services
Consultant maintains a team of 200+ ICC Certified Building, CASp, OSHPD/DSA, Fire, and Construction Inspectors committed to project durations throughout California. They ensure immediate scalability by leveraging one of the largest databases of qualified personnel, including full-time, idle, and pre-qualified staff. 4LEAF provides all inspectors with necessary tools, equipment, current code books, and necessary supplemental training to facilitate seamless municipal integration. 4LEAF can provide interim or full-time inspectors same-day or within one business day— simply call, email, or text Consultant’s assigned Project Manager for an immediate response.
Consultant’s on-call database is utilized for all Consultant’s clients for as-needed requests.
Service Availability
• Periodic Inspection Services Available Next Day
• Immediate fulfillment for as-needed municipal requests. • Part-Time Inspection Services Available Next Day
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• Flexible staffing for any duration; schedules coordinated by Consultant’s PM. • Full-Time Inspection Services Available Two Days or Less • Reliable coverage across all major state regions and valleys. • Project Specific Inspection Services Available Two Days or Less • Dedicated services for large-scale, developer-funded projects (e.g., Palo Alto, Cupertino).
Inspection Technology
4LEAF utilizes industry-leading reporting technologies, including GoFormz and Consultant’s proprietary elas.™ platform.
Advanced Documentation & elas™
Consultant’s innovative technology ensures all project data is securely stored in the cloud and accessible via a 24/7 Client Portal. Key features include:
• Real-Time Reporting: Inspectors use iPads to provide detailed notes, mobile signatures, and instantaneous photo attachments.
• Seamless Integration: elas.™ syncs with City platforms to share inspection logs, plan review comments, and CBO certifications.
• Transparency: Designated City personnel gain real-time updates, ensuring the full project team works from a unified, up-to-date data set.
Code Enforcement Services
Consultant’s Code Enforcement personnel are certified through the International Code Council, CACEO, and various training programs offered through accredited institutions. In addition, most of consultant’s personnel hold a PC832, ICC Property Maintenance and Housing Inspector, and/or CACEO.
Services Offered
• Blight Enforcement: Identifying and enforcing laws related to the maintenance of private property, addressing conditions like overgrown weeds, trash, debris, and graffiti. • Community Outreach: Reviewing and enhancing current outreach initiatives, including community events, pamphlets, social media engagement, and municipal code enforcement web pages.
• Hearing Officers: Providing seasoned officers to handle violations, make knowledgeable determinations, and issue fines or compliance extensions. • Inspections: Performing lawful inspections respecting residents' privacy and security, ensuring compliance with applicable codes and standards. • Lead Abatement: Ensuring proper lead-safe practices in the removal of lead-based paint, protecting citizens from exposure.
• Massage Parlor Enforcement: Conducting routine compliance inspections and assisting undercover stings with partnering agencies to identify and mitigate illegal activities in massage parlors.
• Parking Enforcement: Conducting routine patrol of the City to ensure compliance with local and state parking regulations.
• Policy Review: Reviewing and defining current policies and procedures to set clear expectations for the Code Enforcement Program.
• Program Analysis: Conducting investigative inspections, reviewing citations, and providing guidance for resolving high caseloads along commercial corridors. 242 of 605
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• Program Development: Collaborating with clients to enhance the Code Enforcement Program, including policy creation, training manuals, and public education materials. • Project-Specific Assignments: Consulting on long-standing cases, providing expert analysis, and developing step-by-step strategies for compliance.
• Stormwater Enforcement: Inspecting stormwater management infrastructure and addressing violations related to erosion control and illegal dumping. • Tobacco Enforcement: Ensuring retailers comply with licensing and notification requirements, including workplace smoking and vaping prohibitions. • Training: Offering field training, including ride-alongs, to enhance communication, technical skills, and enforcement of municipal codes.
• Vendor Enforcement: Enforcing state and local laws regarding unpermitted vending, issuing citations, and providing strategic planning for large-scale vending activities. • Zoning: Verifying that development and construction align with approved zoning plans, addressing issues such as illegal operations and pollution control.
Code Enforcement Services
Consultant’s Code Enforcement personnel are certified through the International Code Council, CACEO, and various training programs offered through accredited institutions. In addition, most of consultant’s personnel hold a PC832, ICC Property Maintenance and Housing Inspector, and/or CACEO.
Services Offered
• Blight Enforcement: Identifying and enforcing laws related to the maintenance of private property, addressing conditions like overgrown weeds, trash, debris, and graffiti. • Community Outreach: Reviewing and enhancing current outreach initiatives, including community events, pamphlets, social media engagement, and municipal code enforcement web pages.
• Hearing Officers: Providing seasoned officers to handle violations, make knowledgeable determinations, and issue fines or compliance extensions. • Inspections: Performing lawful inspections respecting residents' privacy and security, ensuring compliance with applicable codes and standards. • Lead Abatement: Ensuring proper lead-safe practices in the removal of lead-based paint, protecting citizens from exposure.
• Massage Parlor Enforcement: Conducting routine compliance inspections and assisting undercover stings with partnering agencies to identify and mitigate illegal activities in massage parlors.
• Parking Enforcement: Conducting routine patrol of the City to ensure compliance with local and state parking regulations.
• Policy Review: Reviewing and defining current policies and procedures to set clear expectations for the Code Enforcement Program.
• Program Analysis: Conducting investigative inspections, reviewing citations, and providing guidance for resolving high caseloads along commercial corridors. • Program Development: Collaborating with clients to enhance the Code Enforcement Program, including policy creation, training manuals, and public education materials. • Project-Specific Assignments: Consulting on long-standing cases, providing expert analysis, and developing step-by-step strategies for compliance.
• Stormwater Enforcement: Inspecting stormwater management infrastructure and addressing violations related to erosion control and illegal dumping. 243 of 605
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• Tobacco Enforcement: Ensuring retailers comply with licensing and notification requirements, including workplace smoking and vaping prohibitions. • Training: Offering field training, including ride-alongs, to enhance communication, technical skills, and enforcement of municipal codes.
• Vendor Enforcement: Enforcing state and local laws regarding unpermitted vending, issuing citations, and providing strategic planning for large-scale vending activities. • Zoning: Verifying that development and construction align with approved zoning plans, addressing issues such as illegal operations and pollution control.
Planning Services
Consultant acknowledges that the City requires high-quality professional planners who can step in on an as-needed basis to handle current planning, long-range planning, and environmental review responsibilities.
Technical Expertise and Communication
Consultant’s Planners possess strong technical writing and report-preparation skills, conveying detailed analyses in an easy-to-understand manner. We translate policies, codes, and regulations into clear recommendations consistent with the City’s vision. Consultant’s team uses established application checklists to streamline project reviews, ensuring that all findings and conditions of approval are firmly rooted in adopted plans and regulations. Any recommendations or conditions of approval we propose are supported by careful, policy-based rationales that help decision-makers, applicants, and the community understand the basis for each action.
Collaborative, Solution-Oriented Delivery
Consultant’s staff are well-versed in project management and work seamlessly with other City departments and outside agencies (e.g. Caltrans, water districts, or regional boards) to ensure thorough interagency review and prompt feedback.
Staff Augmentation and Focused Support
Consultant’s Planning Division provides on-site and remote staff augmentation to fill vacancies, address staff shortages, or expedite time-sensitive projects. Consultant’s personnel are skilled at current planning tasks such as:
• Counter Intake and Public Inquiry Response: Consultant’s Planners serve as the first point of contact, providing professional and empathetic guidance on regulatory requirements, permit applications, and zoning policies.
• Project Application Processing: We handle everything from intake and project file creation to noticing requirements and completeness reviews under the Permit Streamlining Act.
Consultant’s team will quickly become familiar with City regulations, enabling applicants to receive accurate information and timely responses.
• Project Management and Case Assignment: Senior-level staff and supervisors coordinate case assignments based on complexity, ensuring each project receives the right expertise.
We are adept at updating forms and procedures where necessary to keep pace with changes to Planning and Housing regulations, providing clear, up-to-date documentation for both City staff and applicants.
Thorough Planning Review Process
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Consultant’s Planners have processed a wide range of applications including commercial, residential, industrial, and mixed-use developments and are well-versed in discretionary review, design review, permit approvals, and conditions of approval. We conduct application completeness checks, facilitate environmental review (CEQA exemptions, Initial Studies, NDs, MNDs, and EIRs), and assist with public hearings. We also coordinate peer review of technical studies (e.g., Phase I/II hazardous materials, air quality, noise) to ensure consistency with local and state requirements. Throughout the process, we communicate updates to property owners, developers, and community members—offering professional, clear guidance that fosters transparency and understanding. 245 of 605
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EXHIBIT B
FEE RATES
FY2026-2027 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF SAN MATEO
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65%
Hourly Plan Review: $170 Structural Review
$150 Non-Structural Review
Fee includes:
• Initial review and two (2) rechecks.
Hourly charges apply after three (3) or
more rechecks.
• Shipping, courier, and electronic
service.
Building & Fire
Permit
Manager......................................................................................................................................$130/hour Senior Permit Technician ..................................................................... . . . . ..............................$110/hour Permit Technician .......................................................................................................................$100/hour Clerk/Administrator ......................................................................................................................$90/hour Chief Building Official..................................................................................................................$180/hour Senior Combination Building Inspector (Building Inspector III) ..................................................$145/hour Commercial Building Inspector (Building Inspector II) ...............................................................$130/hour Residential Building Inspector (Building Inspector I) ..................................................................$120/hour Civil Plan Review (Grading, Improvement Plans) .......................................................................$180/hour Structural Plan Review Engineer.................................................................................................$170/hour Non-Structural Plans Examiner...................................................................................................$150/hour Fire Prevention Officer ...............................................................................................................$165/hour Fire Protection Engineer (FPE) ...................................................................................................$225/hour Fire Plans Examiner.....................................................................................................................$175/hour Fire Inspector II ...........................................................................................................................$145/hour Fire Inspector I ............................................................................................................................$130/hour Inspector of Record ....................................................................................................................$170/hour Public Works Inspector ...............................................................................................................$165/hour DSA Class 1 / OSHPD A Inspector................................................................................................$165/hour DSA Class 2 / OSHPD B Inspector.................................................................................................$135/hour DSA Class 3 / OSHPD C Inspector.................................................................................................$120/hour Certified Access Specialist (CASp) ...............................................................................................$180/hour elas Software ..................................................................................................................$50/user monthly Hourly overtime charge per inspector ..............................................................................1.5 x hourly rate Mileage (for inspections performed within the City) ..........................................................IRS Rate + 20% Code Enforcement
Project Manager .......................................................................................................................$190/hour Director of Code Enforcement..................................................................................................$180/hour Senior Code Enforcement Officer.............................................................................................$145/hour 246 of 605
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Code Enforcement Officer ........................................................................................................$120/hour Administrative Support...............................................................................................................$90/hour Planning
Planning Director ......................................................................................................................$250/hour Regional/Policy Director ............................................................................................................$205/hour Principal/Planning Manager ......................................................................................................$185/hour Senior Planner ..........................................................................................................................$170/hour Historic Preservation Planner ...................................................................................................$170/hour Environmental Planner ..............................................................................................................$170/hour Landscape Plan Review ..............................................................................................................$170/hour GIS Specialist...............................................................................................................................$170/hour Associate Planner .......................................................................................................................$155/hour Assistant Planner .......................................................................................................................$125/hour Planning Technician ...................................................................................................................$110/hour Project Management
Project Manager ........................................................................................................................$195/hour Principal-in-charge.. ................................................................................................................$285/hour
BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. • Approved expenses such as flights/ferry/hotels/etc. as well as subconsultants will be charged at cost plus 20%.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for rechecks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $320.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply.
• Large complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services are billed on a percentage basis and includes the initial review and two (2) rechecks.
• Plan reviews will be billed on an hourly basis only after the initial review and two (2) rechecks unless otherwise agreed upon on a case-by-case basis. • Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• 4LEAF assumes that these rates reflect the FY2026-2027 contract period. There will be a 3% escalation for each subsequent Fiscal Year until at least FY2030-2031. (i.e. FY2027-2028, FY2028-2029, and so forth).
• Overtime and Premium time will be charged as follows:
• Regular time (work begun after 5AM or before 4PM) 1 x hourly rate • Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate 247 of 605
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• Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate • Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate • Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• Client agrees that 4LEAF’s liability will be limited to the value of services provided. 248 of 605
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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. 249 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 250 of 605
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AGREEMENT WITH CSG CONSULTANTS, INC
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL BUILDING SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CSG CONSULTANTS, INC., a California Corporation (“CONSULTANT”), whose address is 550 Pilgrim Drive, Foster City, CA 94404.
RECITALS:
A. CITY desires certain on-call building support service services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call building support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 251 of 605
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2031.
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 $1,000,000, 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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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. 253 of 605
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 254 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: CSG Consulting, Inc.
Attn: Cyrus Kianpour, President
550 Pilgrim Drive
Foster City, CA 94404
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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SECTION 23 - 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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IN WITNESS WHEREOF, CITY OF SAN MATEO and CSG CONSULTANTS, INC have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Zachary Dahl
Community Development Director
Date Cyrus Kianpour, P.E., P.L.S.
President
CSG Consultants, Inc
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
BUILDING PLAN REVIEW SERVICES
CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed.
Compliance Standards
Our engineers and plan reviewers carefully review all plans and documents for compliance with building codes, fire codes, energy conservation standards, and accessibility regulations adopted by the State of California, and all local policies and ordinances including but not limited to:
• California Building Code, Volumes 1 and 2
• California Residential Code
• California Electrical Code
• California Plumbing Code
• California Mechanical Code
• California Fire Code
• California Energy Code
• California Green Building Standards Code (CALGreen)
• California Existing Building Code
• California Health and Safety Code
• National Fire Protection Association (NFPA) Standards as adopted and referenced by the State of California (California Code of Regulations, Title-19) • State Historical Building Code
• NPDES/WQMP/SWPPP Compliance
• Local adopted ordinances and amendments relative to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, and regulating agencies
CASp Review Services
We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified team members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. When requested and in accordance with current regulations, CSG can provide CASp certified professionals to review plans for accessibility and to facilitate compliance with regulations.
OSHPD 3 Reviews
Our professional engineers and certified plans examiners are well-versed in the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies.
Third-Party Plan Review Services
Subject to the Building Official’s approval, CSG can offer comprehensive, cost-effective third-party plan review services to our public agency clients on projects for which applicants may be seeking plan review turnaround times that cannot be readily accommodated by building department staff. Under 258 of 605
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such third-party agreements, and the agency’s approval, CSG negotiates plan review fees and review schedules directly with the permit applicant, with CSG’s fees paid by the applicant.
BUILDING INSPECTION SERVICES
We provide experienced, ICC certified inspectors who work with a team approach to ensure compliance with applicable codes and requirements and provide solutions to mitigate potential risks and safety hazards. Using well-honed customer service and communication skills our inspectors excel at educating stakeholders to keep projects moving forward. Our inspectors also utilize current technologies and equipment to view plans and documents, research related code requirements, document field conditions and progress, and share that information with stakeholders while in the field.
Key services include but are not limited to the following:
• Providing inspection services to ensure project compliance with State adopted codes and local amendments including building, electrical, mechanical and plumbing codes, • Offering code interpretation and education,
• Seamlessly integrating into client organizations and consistently enforcing policies and procedures,
• Addressing and resolving inquiries,
• Maintaining records and files,
• Providing all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties—at no additional cost to the City.
CASp Inspection Services
To facilitate the City’s compliance with current rules and regulations, CSG will provide a CASp certified professional for technical questions and interpretations and to perform accessibility compliance inspections upon request.
OSHPD 3 Inspection Services
CSG offers inspectors who can conduct thorough inspections of OSHPD 3 facilities.
Customer Service & Availability
CSG inspectors can be ready to provide services upon request to CSG’s designated project manager.
We are flexible and can alter our hours to meet the City’s needs. Evening and weekend inspections for special construction needs can be accommodated with sufficient notice. CSG staff can typically respond to the City for all questions or requests generated during field inspections on the same day, but no later than the following day a request is received.
PERMIT TECHNICIAN SERVICES
CSG handpicks exceptionally qualified personnel who can function as seamless extensions of the agency’s team, understand the importance of exemplary customer service, and have knowledge of the inner workings of building departments and thorough familiarity with the building application and permit process.
CSG's permit processing staff are trained in customer service and helping to facilitate and expedite the permit process. Our staff members can perform quick assessments of each customer’s needs and ensure that they are served appropriately. They are familiar with State Contractors License Law and ensure that permits are issued to properly licensed contractors. CSG’s permit technicians are also familiar with multiple permit software systems including DigEplan, Accela, Central Square, Energov, MaintStar, and Clariti, and will quickly gain proficiency with the software that has been customized for the City. Our staff are knowledgeable and experienced with permit processing functions including:
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• Providing the public with appropriate forms and handouts. • Processing permit applications and issuing permits using the City’s software. • Accepting plans, documents, structural calculations and energy reports for permit processing. • Routing plans to building and other departments and agencies. • Performing document control, ensuring permit file integrity, and maintaining status of plans and documents during the permit process.
• Preparing plan check letters to be sent to applicants. • Assisting the public with completing applications and other required forms. • Preparing documents and reports; providing permit record materials requested from the public; researching and compiling documents for compliance with Public Records Act (PRA) requests.
CODE ENFORCEMENT SERVICES
CSG provides tailored Code Enforcement services to a wide variety of jurisdictions throughout California. Our work includes - development, implementation, and staffing for general and specialized code enforcement programs based on each community’s specific needs. We also offer program review and code enforcement management services. Our officers maintain accurate records, follow up with stakeholders, and provide effective enforcement to ensure public health and safety. General code enforcement activities include but are not limited to inspections, investigative work, responding to calls for service, preparing and processing all required notifications, and providing appropriate documentation. Our skilled and experienced staff interpret and enforce provisions of the Building, Zoning, Fire, Housing, Nuisance and Property Maintenance, and state and local codes. We also address special issues related to short term rentals, illicit massage, and other identified concerns within the community.
GENERAL CODE ENFORCEMENT SERVICES
Code Enforcement Officers work to identify violations, engage stakeholders and responsible parties to correct code violations. Examples of violations we address and enforce include:
• Building codes
• State health & safety codes
• Zoning provisions
• Public nuisances
• Fire codes
• Housing codes
• Property Maintenance concerns
• Other applicable codes
ARBORIST SERVICES (HORTSCIENCE|BARTLETT CONSULTING)
HortScience | Bartlett Consulting Divisions of The F.A. Bartlett Tree Expert Company (H|BC) provides consulting services in horticulture, arboriculture and urban forestry. HortScience, Inc. was founded in 1983. In 2018, H|BC was acquired by the F.A. Bartlett Tree Expert Co. Over the years, they have helped public agencies and private owners throughout California and beyond design, plant, and manage landscapes in a scientifically sound, environmentally responsible, and socially responsive manner.
HortScience | Bartlett Consulting’s expertise ranges from single trees to urban forests, from an individual property to the broader community. They specialize in tree assessment, preservation and management, tree preservation during development, tree risk assessment and management, soil analysis, landscape plant selection, and problem diagnosis. HortScience | Bartlett Consulting help their clients preserve desirable trees and reduce the risk associated with tree failure, provide written and electronic documentation of findings, and participate in the public meeting process. It is HortScience | Bartlett Consulting’s commitment to excellence that enables new landscape projects to get a good start.
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PLANNING SERVICES
At CSG we believe that changing environmental conditions, increased need for housing, diminishing raw land inventory, complex mobility issues, urban infill opportunities, and economic feasibility are all becoming pivotal factors driving projects and the future of development. Our team fuses thoughtful creativity with function, practicality with aesthetics, and connecting places with people. Our staff planners perform planning activities, such as:
• Analyzing a project’s compliance with the City’s plans, policies, and regulations • Processing of Site Plan Reviews, Design Reviews, Historic Reviews, Tentative Maps, General Development Permits, Coastal Development Permits, Conditional Use Permits, General Plan and Zoning amendments, and other various planning permits
• Reviewing and processing both ministerial and discretionary applications • Researching, compiling, and analyzing social, economic, environmental, and associated data • Preparing the necessary long-range planning documents and amendments • Meeting with developers, their consultants and other project proponents, such as property owners and other interested groups. We recognize that these are important groups and individuals to any project
• Providing public counter services, including but not limited to, answering general questions and processing Zoning Clearances, Accessory Dwelling Unit Zone Clearances, Temporary Use Permits, Home Occupation Permits, and/or Short-Term Rentals permits CSG staff also has knowledge and experience in providing affordable housing support and housing services to address State Housing Mandates, preparing and administering grants, preparing parking studies, performing fiscal and economic analyses, as well as providing Geographic Information System (GIS) assistance.
ENVIRONMENTAL PLANNING SERVICES
CSG planners are environmental stewards for our natural and built environments. CSG’s approach to any environmental documentation is to understand and analyze each project based on the environmental issues that are pertinent to a project.
Developing Project Descriptions and Context
We understand the importance of confirming the Project Description as early in the process as possible to ensure consistency between technical documents and avoid the need to redo analyses. CSG can assist City staff in determining the information required to proceed with the environmental review.
Conducting Preliminary Environmental Compliance Review
As part of scoping, we complete a comprehensive review of a project to determine whether it is exempt from environmental review or a candidate for streamlined review. We can prepare the required documentation to demonstrate why such activities would be exempt from CEQA in the form of a memoranda which explains why no possible exceptions exist which could preclude the use of a Categorical Exemption for a project.
Preparing Initial Studies
If it is determined that a project requires additional environmental review, CSG could then proceed with the preparation of an Initial Study pursuant to Appendix G of the CEQA Guidelines. The Initial Study provides a screening and threshold review for each topical area to confirm the appropriate CEQA clearance.
Preparing EIRs
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When there is substantial evidence that a proposed project or action may result in potentially significant impacts on the environment, CSG possesses the technical capabilities and expertise to assist our agency clients in preparing an EIR.
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EXHIBIT B
FEE RATES
Schedule of Charges
CSG Consultants’ fee schedule for proposed services is provided below. CSG will honor any existing service rates through the duration of the contract. Final fees are open to negotiation between the City and CSG.
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Building Plan Review by Percentage
Full Building Plan Review by Percentage 65% of Agency’s Building Plan Check Fees
Structural Only Plan Review by Percentage 50% of Agency’s Building Plan Check Fees
Expedited Plan Review by Percentage 90% of Agency’s Building Plan Check Fees
Minimum Plan Review Fee Per Project (See
Exclusions)
$250
Building Plan Review Hourly Rates (Minimum 1 Hour Per Submittal) Building Plan Review $150
Building Grading Review $150
CASp Plan Review/Consultation $150
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Building Department Services
Permit Technician $110
Senior Permit Technician $115
Building Inspector $130
Combination Building Inspector $140
CASp Inspection $150
Building Department Special Projects $150
Administration/Plan Processing $80
Code Enforcement Services
Code Enforcement Officer I $115
Code Enforcement Officer II $140
Senior Code Enforcement Officer $170
Code Enforcement Supervisor $180
Code Enforcement Manager $215
Administrative Hearing Officer $190
Overtime Rate (in excess of 8 hours per day) 1.5 x Hourly Rate Arborist Services (HortScience/Bartlett Consulting)
Managing Consultants $250
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Consultants $240
Arborist $200
Administrative Staff $80
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Planning Services
Planning Technician $129
Assistant Planner $149
Associate Planner $171
Senior Planner $187
Planning Manager $230
Principal Planner $203
Planning Director $246
Principal-in-Charge $251
Assistant Environmental Planner $156
Associate Environmental Planner $149
Senior Environmental Planner $193
Environmental Planning Director $230
Geographical Information Systems (GIS) Technician $137
Geographical Information Systems (GIS) Analyst $149
Geographical Information Systems (GIS) Manager $198
Sustainability Programs Analyst $161
Sustainability Programs Manager $214
FEE SCHEDULE TERMS & CONDITIONS
Plan reviews based on a percentage of the agency’s plan check fees include the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate.
The minimum plan review fee per project for percentage-based reviews excludes solar, energy storage system (ESS), and electric vehicle charging station (EVCS) reviews. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency.
Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the agency and CSG. All hourly rates include overhead costs including but not limited to salaries, benefits, workers’ compensation insurance, local travel, and miscellaneous office expenses. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the agency prior to proceeding.
Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate;
Services provided on weekends/holidays will be billed at 2x the applicable hourly rate Hourly rates for publicly funded projects will be based on current prevailing wage rates. 264 of 605
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On July 1st or the anniversary of the contract start date, CSG will initiate an hourly rate increase based on change in CPI for the applicable region.
CSG will mail/email an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice. This fee proposal is valid for a period of 90 days from date of submittal. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service.
For hourly projects only, performance of plan review services utilizing the agency’s adopted plan review software to, for example, markup plans with corrections and redlines and/or coordinate with other internal agencies, may involve additional time being added to the plan review time at the associated plan review rate.
Administration/Plan Processing fees are incurred for specific additional services requested by the agency beyond the normally provided CSG administrative services which typically include coordinating the pick-up and return of plans; performing scanning, collating, and tracking; and providing plan review status updates to the agency. Cost for additional services will be negotiated based on the type of request with a minimum fee based on 0.5 hours of service per project. Building Department Special Projects may include developing and establishing the following: building department workflows and relationships with other internal agency departments, building permit code requirements, inspector and permit technician responsibilities, criteria for over-the-counter plan review and out-to-plan check projects, transmittals and routing processes, Building Department handouts for different project types; and may include other duties as assigned by the agency. 265 of 605
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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. 266 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 267 of 605
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AGREEMENT WITH INTERWEST CONSULTING GROUP, INC
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL BUILDING SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and INTERWEST CONSULTING GROUP, INC., a wholly owned subsidiary of SAFEbuilt, LLC (“CONSULTANT”), whose address 444 N Cleveland Ave, Loveland, CO 80537.
RECITALS:
A. CITY desires certain on-call building support service services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call building support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 268 of 605
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2031.
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 $1,000,000, 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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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. 270 of 605
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 271 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: Eric Pendley
Vice President of Operations
Interwest Consulting Group, INC.
444 N. Cleveland Ave.
Loveland, CO. 80537
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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SECTION 23 - 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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IN WITNESS WHEREOF, CITY OF SAN MATEO and INTERWEST CONSULTING GROUP, INC have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Zachary Dahl
Community Development Director
Date Erice Pendley
Vice President of Operations
Interwest Consulting Group, a
SAFEbuilt Company
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Building Plan Review Services
Interwest will provide comprehensive technical review of submitted construction documents to ensure compliance with the latest adopted California Building Standards Code and local municipal code requirements.
− Review of architectural, structural, mechanical, electrical, plumbing, energy calculations, and accessibility regulations for compliance with adopted codes. − Acceptance and performance of plan reviews in both traditional paper format and through electronic submittal platforms.
− Performance of reviews using certified and/or licensed professionals and customized technical checklists to ensure consistency.
− Address substantial issues by providing detailed correction notices and comments in writing to the design professional(s).
− Review of all revisions, deferred submittals, and specialty services, remaining available for consultation after the review is completed.
− Return of a finalized set of "Approved" plans and all supporting documentation to the Municipality.
− Adherence to strict turnaround times: 10 business days for single-family/small commercial and 20 business days for large commercial projects.
Fire Code Plan Review Services
Interwest will provide specialized fire and life-safety reviews to ensure protection of the built environment and compliance with the latest adopted California Fire Code and local municipal code requirements.
− Provide technical review for fire suppression systems, including automatic sprinklers, standpipes, and fire pumps.
− Evaluation of fire alarm and detection systems, fire access requirements, and hazardous materials (HazMat) storage.
− Review plans for compliance with adopted fire codes, applicable local fire amendments, and municipal fire ordinances.
− Coordinate all plan review activities with applicable municipal departments, including local fire districts and authorities.
− Participation in pre-submittal meetings to assist developers and applicants with complex firecode compliance strategies. − Meet or exceed all agreed-upon fire plan review performance metrics and turnaround times. 275 of 605
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Building Inspection Services
Interwest will provide field inspection services to verify that construction matches the approved plans and meets all life-safety and structural requirements to ensure compliance with the latest adopted California Building Standards Code and local municipal code requirements. − Performance of all required code compliance inspections (foundation, plumbing, electrical, mechanical, framing, path of travel, etc.) to determine that construction complies with approved plans.
− Utilization of an "educational, informative approach" to improve the customer’s experience and assist contractors in achieving voluntary compliance.
− Response to all inspection requests received from the Municipality prior to 2:00 pm by the next business day.
− Provision of on-site inspection consultations to citizens and contractors to resolve field issues in real-time.
− Promptly returning calls and emails from permit holders regarding specific code and inspection concerns.
− Identification and formal documentation of any areas of non-compliance, leaving a physical or electronic copy of results with site personnel.
− Implementation of Remote Virtual Inspections (RVI) to increase departmental efficiency for minor or specialty inspections.
Fire Inspection Services
Interwest will conduct specialized fire-safety inspections for new construction and tenant improvements to ensure active and passive fire systems are operational to ensure compliance with the latest adopted California Fire Code and local municipal code requirements. − Witnessing and documenting hydrostatic pressure tests on fire sprinkler systems and functional testing of fire alarm notification devices.
− Verification of fire-rated assemblies, including fire walls, smoke barriers, and fire-caulking of all penetrations.
− Inspection of emergency egress paths, including exit lighting, signage, and the proper placement of fire extinguishers.
− Coordination with local fire districts to ensure a unified "Fire Final" sign-off before the issuance of a Certificate of Occupancy.
− Conduct final "life-safety" walk-throughs to verify that all fire protection features, such as fire doors and dampers, function as designed.
Permit Technician Services
Interwest will provide the administrative "front counter" support necessary to manage the lifecycle of a permit application and ensure data integrity.
− Managing the intake of applications and plans, performing "completeness checks" to ensure submittals are ready for technical review.
− Calculation of permit and plan check fees in accordance with the Municipality’s Master Fee Schedule.
− Coordination of the internal routing process between Building, Planning, Fire, and Public Works departments to eliminate "workflow gaps".
− Serving as the primary point of contact for the public, providing communication regarding the status of pending applications.
− Maintenance of the City’s permit tracking software and administrative records to ensure a defensible and transparent audit trail.
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− Remote Permit Technician support is available as needed.
Building and Construction Code Enforcement Services
Interwest will provide proactive and reactive code enforcement services to protect public health, safety, and welfare by ensuring compliance with the latest adopted California Building Standards Code and local municipal code requirements.
− Investigation of reported violations related to unpermitted construction, substandard housing, and dangerous buildings.
− Utilization of a "compliance-first" philosophy to encourage property owners to resolve violations through education and clear communication.
− Conducting site inspections to document existing conditions and issuing Notices of Violation or Stop Work Orders when necessary.
− Coordination with Building, Planning, and Fire departments to ensure that corrective actions meet all technical and safety standards.
− Preparation of detailed case files and evidence for administrative hearings or legal proceedings to ensure a defensible and transparent enforcement process. − Monitoring of open cases through final resolution, including the verification of required permits and successful completion of follow-up inspections. − Provision of regular status reports to the Municipality to track enforcement trends and ensure timely closure of active cases.
Arborist
− Perform tree-protection in place inspections on private properties. − Perform inspections on private properties with regards to approved tree plantings and landscape layouts.
− Perform inspections related to heritage tree removal applications (Dead or Dangerous). − Interact with applicants, as needed.
− Tree protection plan reviews, as needed.
− Provide 3rd party Arboriculture opinions, upon request. − Other duties assigned by City management.
Panning and Environmental Services
− Review entitlement application materials for completeness. − Perform CEQA review and determine if the project is categorically exempt. − Process various types of land use entitlement applications as needed through the City’s review process and prepare recommendations for action by City staff, Planning Commission and / or City Council.
− Coordinate interdepartmental discretionary review of entitlement applications. − Review applications and proposed projects and prepare documents as needed for compliance with the California Environmental Quality Act (CEQA).
− Attend meetings of the City Council, Planning Commission, City staff, public officials, community leaders, developers, contractors and the general public as directed. − Complete Planning reviews of building permits and tract maps, if requested. − Conduct inspections for approved planning projects and monitor and evaluate implementation of conditions of approval, as needed.
− Other planning-related duties as assigned by the Planning Director, or their designee. 277 of 605
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Time of Performance
− Consultant will perform Services during normal business hours excluding Municipal holidays. − Services will be performed on an as-requested basis during mutually agreed upon hours. − Inspectors will be dispatched on an as-requested basis. − Inspectors will be dispatched daily or as-requested.
− Consultant representative(s) will be on-site when requested by City. − Consultant representative(s) will be available by phone and email. − Consultant representative(s) will meet with the public by appointment.
Deliverables
INSPECTION SERVICES − RVI inspections can be scheduled for the following business day when requests are received before 12:00 pm the day prior.
− For in-person field inspections, we require 72-hour notice, and a 4- hour minimum.
PLAN REVIEW
TURNAROUND TIMES
Provide comments within the following timeframes:
Day 1 = first full business day after receipt of plans and all supporting documents
Project Type:
− Single-family within
− Multi-family within
− Small commercial
within (under $2M
in valuation)
− Large commercial
within
First Comments
10 business days
10 business days
10 business days
20 business days
Second Comments
5 business days or less
5 business days or less
5 business days or less
5 business days or less
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EXHIBIT B
FEE RATES
Building Plan Review Services
Hourly Reviews
For the building department plan review services as identified in this proposal, Interwest proposes plan review services on an hourly basis (per submittal) using the rates in the Schedule of Hourly Billing Rates outlined on the following page.
The minimum Plan Review fee for any proposed project shall be 1.5 hours.
Restamp reviews of a project will be provided for a $150 fee. Restamp includes review of project documents due to corrections from other city departments after Building has already been approved/completed review.
Code Consultation
Interwest Consulting Group will, at the Client’s request, assist with code interpretations, alternate materials, design and construction methods, equipment reviews, flood hazard determinations, code modifications, research reports, peer reviews, and related services for any project with a current plan review or permit number, working collaboratively with city staff on unique or specific code items.
These services will be provided at no additional cost under full-service contracts that include a building official; otherwise, they will be billed at the preferred hourly rate of the assigned staff.
For projects or services without a current plan review or permit number including, but not limited to, reinspection’s after final, code enforcement support, plan change code review, and preliminary or discretionary reviews, etc., charges will apply at the standard hourly rate of the Interwest staff performing the service. These services will be provided at no additional cost under full-service contracts that include a building official.
Hourly Rate Schedule
Classification Hourly Billing Rate
Building Safety Services
Certified Building Official………………………………………………………………………………… 170 Deputy Building Official………………………………………………………………………………… 160 Senior Plans Examiner………………………………………………………………………………… 150 ICC Building Plans Examiner………………………………………………………………………………… 130 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect 165 Supervising Structural Engineer………………………………………………………………………………… 210 Senior Structural Engineer………………………………………………………………………………… 195 Structural Engineer…………………………………………………………………………………165
Inspector of Record (IOR) ………………………………………………………………………………… 160 CASp………………………………………………………………………………… 145
Senior Inspector……………………………………………………………………………..140
Inspector III (includes RVI) ………………………………………………………………………………… 130 Inspector II (includes RVI) ………………………………………………………………………………… 120 Inspector I (includes RVI) ………………………………………………………………………………… 105 Permit Technician III………………………………………………………………………………… 100 Permit Technician II………………………………………………………………………………… 95
Permit Technician I………………………………………………………………………………… 85
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Trainee (Inspector) ………………………………………………………………………………… 85
Trainee (Admin, Tech) ………………………………………………………………………………… 75 Arborist………………………………………………………………………………… 175
Planning Services
Community Development Director………………………………………………………………………………… 245 Project Manager ………………………………………………………………………………… 220
Planning Manager ………………………………………………………………………………… 220
Principal Planner........................................................................................... 200 Senior Planner..............................................................................................185 Associate Planner................................................................................................155 Assistant Planner………………………………………………………………………………… 130
Planning Technician………………………………………………………………………………… 105
Environmental Services
CEQA/NEPA Project Manager ………………………………………………………………………………… 235 CEQA/NEPA Principal Planner ………………………………………………………………………………… 225 CEQA/NEPA Senior Planner………………………………………………………………………………… 200 CEQA/NEPA Associate Planner………………………………………………………………………………… 170 CEQA/NEPA Assistant Planner………………………………………………………………………………… 145 CEQA/NEPA Planning Tech………………………………………………………………………………… 120 Additional Items
Expedited plan reviews – Expedited reviews will be provided at a rate of 150% of the fees stated and will be completed in one-half the timeframes proposed for non-expedited plan reviews. Expedited plan reviews should be requested prior to the initial submittal and will apply to each review cycle up to completion. Any agreed upon turnaround time less than the timeframes stated below for any project will be considered expedited and will be billed at 150% of the stated fee for such project.
Work Outside Standard Hours - Services provided in excess of 8 hours per day, outside regular business hours, nights, weekends and holidays will be invoiced at 150% of the above standard rates.
CPI Increase - Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such increase shall never exceed 4%. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
Other Charges – Other project-specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc., will be charged at cost plus 15%. Meals, lodging, and travel expenses, when preapproved by the city, will be charged at cost or at standard per diem rates, as applicable. 280 of 605
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Sub Consultants – If subconsultants are needed to produce work for CEQA, NEPA or other planning work a 10% management fee will be added to the subconsultants invoice.
Client will be responsible for any applicable taxes in addition to the fees due for Services. 281 of 605
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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. 282 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 283 of 605
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AGREEMENT WITH TRUE NORTH COMPLIANCE SERVICES, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL BUILDING SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and TRUE NORTH COMPLIANCE SERVICES, INC., a California Corporation (“CONSULTANT”), whose address is 3939 Atlantic Ave., #224, Long Beach, CA 90807.
RECITALS:
A. CITY desires certain on-call building support service services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call building support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 284 of 605
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2031.
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 of $1,000,000, 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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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. 286 of 605
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 287 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: True North Compliance Services, Inc
Attn: Isam Hasenin
3355 E. Spring Street, # 302
Long Beach, CA 90806
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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SECTION 23 - 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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IN WITNESS WHEREOF, CITY OF SAN MATEO and TRUE NORTH COMPLIANCE SERVICES, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Zachary Dahl
Community Development Director
Date Isam Hasenin
Its Authorized Agent
President,
TRUE NORTH COMPLIANCE SERVICES,
INC
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Scope of Services
Consultant offers the full range of development review & inspection services for Building, Planning, Fire and Engineering departments ranging from plan review to inspection and permit technician services and other related services. We have the depth and breadth of resources to perform any and all of the following services:
a. Building Plan Review Services: Consultant will provide plan review in compliance with the City of San Mateo’s Municipal Code, all applicable federal and state laws and regulations and the City’s Building Safety Division plan review standards and policies. Our plan review covers the following:
i. California Building Code
ii. California Residential Code
iii. Structural Engineering Plan Review will be performed by licensed or graduate Civil or Structural Engineers
iv. Title 24 Energy
v. California Mechanical Code
vi. California Plumbing Code
vii. California Electrical Code
viii. Disabled Access- CASp plan review and/or site surveys, inspections and reports. ix. Green Building and Energy Conservation
x. OSHPD-3 reviews and certification
xi. California Fire Code
xii. California Title 25
xiii. Preliminary review of discretionary applications (Conditional-Use Permits and conditions of Approval) for significant code compliance issues that may impact the overall design and planning approval of the project. xiv. Review of Floodplain provisions where required.
xv. Review of soils conditions and other geotechnical hazards such as fault zones, liquefactions, etc.
xvi. Civil Engineering (grading, drainage, National Pollutant Discharge Elimination System (NPDES), MWELO, and Low Impact Development (Hydromodification); Sustainable Use Standard Mitigation Program (SUSMP), permit requirements related to the Management Stormwater System (MS4 permit). xvii. Review/recommendations for Alternate Materials and Methods Requests (AMMR).
xviii. Code adoption, Local Amendments and Ordinances.
b. Inspection Services: Consultant has the capabilities to provide inspection and reinspection for compliance with all applicable codes, standards and regulations including: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks, 291 of 605
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as locally adopted and amended. Our inspection staff is certified by the International Code Council or other appropriate entities in accordance with AB717 and possess many years of building code inspection experience with a municipality or a private municipal consultant. Our inspectors have extensive construction and trade experience in addition to their Code knowledge, allowing for a practical approach to applying Code provisions during the inspection process.
c. Building Official Services: When requested, Consultant will provide a qualified certified and experienced Building Official. The individual will report to the San Mateo Community Development Director and provide supervision and direction to the Building & Safety Division staff, code administration and interpretations, develop policies and ordinances, interface with customers, City staff and elected officials, and perform related administrative functions as assigned.
d. Counter & Administrative Services: Consultant will provide technical support and application of City policies, methods and practices to support professional engineering, plan review, planning, and building and safety staff Consultant has knowledge of construction terms and operations, development and building codes required to process plans and permits along with government functions and processes. Review permit application for completeness, perform fee calculations, route plans, verify approvals and conditions and issue permits. Use the City’s permitting system to file permit applications, calculate fees, research zoning and planning requirements, enter approvals and route plans to appropriate divisions and departments. Maintain communications with applicants, interested parties, property owners, homeowner associations, various governmental agencies, and other City departments. Respond to inquiries about projects from residents and applicants.
e. Code Enforcement Services: Consultant has the capabilities to provide Code Enforcement and Housing services and assist the City of San Mateo in the enforcement of applicable Zoning codes, Building codes, Housing codes, public nuisance codes and State health & safety codes.
Our Code Enforcement Officers have extensive experience and capabilities in the following areas: Code enforcement program review and analysis; Code enforcement inspections; Preparing administrative remedies including administrative citations; Conducting administrative hearings; Preparing program documentation and staff reports as well as committee or Council presentations; Testifying on behalf of clients in criminal court; License and permit application review and processing; Coordination of activities with multiple departments including Building, Planning, Community Development, Police and City Attorney; Providing information on municipal regulations to property owners, residents, businesses, the general public, as well as to other departments and divisions.
f. CASp Services: Consultant will provide a certified CASp professional to review plans, perform site visits and meet with the public and City staff to discuss projects related to State and Federal Accessibility compliance.
g. Fire Plan Review & Inspection Services: Consultant has the capabilities to provide plan review and/or inspection for the State regulated occupancies such as private schools and clinics (OSHPD 3), to determine compliance with City and State codes and regulations including but 292 of 605
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not limited to locally adopted fire related ordinances and amendments of the local Municipal Code; California Fire Code; California Building Code; California Residential Code; California Title 19, California Wild Land Urban Interface regulations, review for fire apparatus access, water supply requirements, fire flow requirements, etc. Typically, fire review will include review of building plans for code compliance, as well as review of fire plans (fire sprinkler systems, fire alarm systems, NFPA standards, etc.)
h. City Engineering Services: Consultant has the capabilities to provide plan review and inspection of Civil/public improvements projects from one small lot to large subdivisions. Our experts bring an extensive history of review of a broad range of projects in all engineering/civil disciplines such as review of grading, subdivision and topographic maps; examining existing and proposed contour lines, spot elevations, pad and finish floor elevations; review of hydrology reports and maps; review of low impact development measures to comply with the requirements of NPDES; review of erosion and sediment control plans for proposed BMPs. Our licensed land surveyors have extensive experience in reviewing tentative and final maps, lot line mergers, lot line adjustments, certificate of compliance, dedications, vacations, and easements. i. Planning Services: Consultant has the capabilities to provide Planning, Zoning and Environmental services. Our staff serve as an extension of City staff and function as the project manager on assigned planning projects while protecting the interests of the City and its residents throughout the life of each assigned development project. This could include managing projects from the planning entitlement phase through construction; Perform technical review and evaluation of a wide variety of land development, subdivision, building permit and use permit applications; Process development applications in accordance with local policies and ordinances, make recommendations, and enforce mitigation monitoring and compliance with City ordinances; Prepare written project analyses and reports including identifying appropriate land use policy, design, fiscal issues and environmental requirements; Conduct site inspections to determine if projects are in compliance with laws, regulations, conditions of approval, ordinances, and make recommendations regarding changes; Prepare and update various planning documents such as the City’s General Plan, Specific Plans, ordinances, resolutions, codes, and related planning studies and reports; Provide technical advice and make clear, well organized presentations
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EXHIBIT B
FEE RATES
PLAN REVIEW SERVICES
Consultant will charge a percentage of the Plan Review Fees collected by the City as follows. Our fee covers the initial review, and all rechecks. as well as all shipping and delivery of plans to/from City Hall.
Expedited Plan Services: 1.4 x the plan check fees below.
Revisions/Deferred Submittals/RFIs: Hourly per the Table below.
Plan Review Fees
Construction Valuation Fee (Compensation as a percentage of City collected plan Review Fee
$1.00-$1,000,000 65%
$1,000,001- $5,000,000 62%
$5,000,0001- $10,000,000 57%
Over $10,000,001 52%
Additional Services: The following hourly rate table applies to on-site staffing services and/or additional services included in our Scope of Services that may be required by the City of San Mateo.
Our hourly rates are all-inclusive and include salaries, overhead, benefits, PTO, etc.
Hourly Rates for Additional Services
Position Hourly Rate
Interim Certified Building Official $165.00
Plan Review Engineer $135.00
Senior Plan Review Engineer $150.00
Structural Engineer I $140.00
Structural Engineer II $155.00
Licensed Fire Protection Engineer $150.00
Certified Plans Examiner I $110.00
Certified Plans Examiner II $125.00
Building/Housing Inspector I $110.00
Building/Housing Inspector II $120.00
Senior Building/Housing Inspector $135.00
Code Enforcement Officer $105.00
Senior Code Enforcement Officer $130.00
CASp Plan Reviewer/Inspector $135.00
Fire Plan Reviewer/Inspector I $125.00
Fire Plan Reviewer/Inspector II $140.00
Grading/Public Improvements Plan Review Engineer I $135.00 Grading/Public Improvements Plan Review Engineer II $155.00 Arborist Reviewer I $145.00
Arborist Reviewer II $165.00
Planner $145.00
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Senior Planner $165.00
Principal Planner $180.00
Permit Technician I $80.00
Permit Technician II $95.00
Administrative Assistant $70.00
- Overtime for on-site staffing will be charged at 140% of the rates above. - Mileage for tasks related to requested scope such as inspections or site visits will be charged at the current IRS mileage rate measured from City Hall.
- Inspections outside of the City’s business hours will be charged at 140% of rates above with a 3- hour minimum.
- Incidental expenses will be charged at cost.
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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. 296 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 297 of 605
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AGREEMENT WITH URBAN37, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
ON-CALL BUILDING SUPPORT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and URBAN37, INC., a California Corporation (“CONSULTANT”), whose address is 20212 Redwood Road, #103C, Castro Valley, CA 94546.
RECITALS:
A. CITY desires certain on-call building support service services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these on-call building support services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 298 of 605
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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2031.
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 of $1,000,000, 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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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. 300 of 605
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 301 of 605
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: Urban37, Inc
Attn: Raylee Glasser
President
20212 Redwood Road., #103c
Castro Valley, CA 94546
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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SECTION 23 - 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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IN WITNESS WHEREOF, CITY OF SAN MATEO and URBAN37, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Zachary Dahl
Community Development Director
Date Raylee Glasser
President,
Urban37, INC
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Urban37, Inc.
Urban37, Inc. will provide on call Building and Safety consulting services to support the City of San Mateo’s Community Development operations. Services may include plan review, building inspection, permitting support, code enforcement assistance, Certified Access Specialist services, and related technical consulting. Urban37 staff will integrate with City operations and provide services either remotely or on site as directed by City staff.
Plan Review Services
Urban37 will provide building plan review services for residential, commercial, and public projects.
Reviews may include architectural, structural, mechanical, electrical, plumbing, accessibility, energy, and green building compliance. Reviews will ensure conformance with the California Building Standards Code, applicable local ordinances, and adopted regulations.
Building Inspection Services
Urban37 inspectors may perform field inspections for residential and commercial construction projects to verify compliance with approved plans, applicable codes, and City requirements.
Inspection services may include structural, electrical, mechanical, plumbing, and life safety inspections as assigned by the City.
Planning Services
Urban37 may provide planning support services including project intake, planning application review, zoning and land use analysis, staff report preparation, development review coordination, and assistance with discretionary and ministerial planning applications. Services may also include general plan and zoning code interpretation, public counter assistance, and coordination with building, engineering, and other City departments.
Permit Technician and Counter Services
Urban37 may provide permit technician and counter support services including permit intake, application processing, fee calculations, permit issuance, customer assistance, and coordination with multiple City departments through the City’s permitting systems.
Code Enforcement Services
Urban37 may provide code enforcement support including complaint investigation, field inspections, documentation of violations, preparation of notices, and coordination with City departments to ensure compliance with municipal codes and applicable regulations.
Certified Access Specialist (CASp) Services
Urban37 may provide accessibility plan review, site inspections, and technical consultation to ensure compliance with state and federal accessibility requirements, including ADA and California accessibility regulations.
Staff Augmentation
Urban37 will provide qualified municipal professionals including plans examiners, inspectors, permit technicians, and administrative staff on an as needed basis. Staff may be assigned for short term coverage, long term assignments, special projects, or workload fluctuations. 305 of 605
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EXHIBIT B
FEE RATES
FY2026-2027 Fee Schedule
Plan Review
The amounts below include 1 initial review and 2 rechecks. Revisions and deferred submittals will be invoiced hourly.
● 60% - Full Review (excludes Fire and Civil)
● 40% - Structural Only
● 35% - Non-Structural Review
HOURLY RATES BY DIVISION/SPECIALTY
All hourly rates listed below are fully negotiable based on scope, duration, and level of engagement.
Our goal is to remain flexible and work collaboratively with the City to find a structure that fits both operational needs and budget.
Building Services
Position Hourly Rate
Building Official/CBO $ 190
Assistant Building Official $175
Building Inspector I $ 110
Building Inspector II $130
Building Inspector III $ 140
Inspector of Record $ 155
Plans Examiner (Structural) $160
Plans Examiner (Non-Structural) $ 149
Certified Access Specialist (CASp) $ 175
Permit Center Manager $ 132
Senior Permit Technician $ 110
Permit Technician $ 99
Code Enforcement Services
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Position Hourly Rate
Code Enforcement Director $ 180
Code Enforcement Manager $ 169
Senior Code Enforcement Officer $ 155
Code Enforcement Officer $ 140
Housing Inspector $ 130
Planning/Housing Services
Position Hourly Rate
Planning Director $190
Housing Specialist $140
Senior Planner $170
Associate Planner $145
Assistant Planner $135
Planning Support $105
Additional Services
Position Hourly Rate
Project Manager $ 200
Administrative Support $ 85
Analyst $ 135
Director $ 200
Additional Information
● Customization: All services can be customized based on the specific needs and requirements of each municipality. Rates may vary accordingly.
● Travel and Expenses: Any travel or additional expenses incurred during the provision of services will be billed separately with prior client approval.
● All plan review services will be subject to a $300.00 minimum fee if percentage-based fee or ● two (2) hour minimum charge if hourly rates apply.
● For any work performed onsite for the jurisdiction, Urban37, Inc. will be reimbursed for mileage. The reimbursement rate will be calculated based on the current government mileage 307 of 605
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rate plus an additional 20%. The government mileage rate will be determined according to the applicable rate published by the IRS at the time the travel expenses are incurred. ● Staff Augmentation work is subject to a 4-hour minimum. ● The fee schedule for Urban37 is effective from July 1, 2026, through June 30, 2027. Please note that the fee schedule is subject to an annual adjustment based on the cost of living increase plus 1%. The adjustment will be applied each year to ensure our services remain competitive and reflective of current economic conditions.
● Expedited reviews are invoiced at 1.5 times the plan review fee. Extended timelines may be requested for larger projects.
Invoicing:
● Invoicing for services will occur on a monthly basis. Our company will issue invoices at the end of each month, detailing the hours worked, including any approved overtime amount per California state law, and the corresponding charges. Payment terms and methods will be outlined in the invoice.
• Overtime will only be billed with prior authorization of the Director or other responsible designated City personnel.
● Clients are responsible for timely payment of invoices. In the event that any balance remains outstanding, the client will be responsible for any legal fees and costs associated with the collection of the outstanding balance.
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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. 309 of 605
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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 310 of 605
CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: PUBLIC HEARING Account Number: 25-3112 File ID: 26-11068 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: April 20, 2026
SUBJECT:
Glazenwood Historic District Designation — Adoption
RECOMMENDATION:
Adopt a Resolution designating the Glazenwood neighborhood as a historic district at the local level and find that the action is exempt under California Environmental Quality Act Guidelines Sections 15061(b)(3) (Common Sense Exemption) and 15308 (Actions by Regulatory Agencies for Protection of the Environment).
BACKGROUND:
Prior to enactment of the modern Subdivision Map Act in 1929, the City of San Mateo approved the “Map of Glazenwood” on September 6, 1921. The subdivision is bounded by 9th Avenue to the north, 10th Avenue to the South, B Street to west, and Palm Avenue to the east, and includes 43 parcels and four lots adjacent to B Street (Lot A through D). The subdivision was subsequently developed for single-family homes.
In 1989, the City conducted a city-wide historic survey of buildings over 50 years old at that time, an examination of important historical themes and events in the City, and measurement of the buildings’ historical and architectural worth against established evaluation standards. This document listed and mapped all inventoried structures with photos and description of contributing architectural features, and has served as the primary reference for the City’s historic preservation efforts, including review of modifications to buildings with potential historic significance. The survey included recommendations that the City designate the core of the Central Business District and the Glazenwood neighborhood as historic districts, and conduct future studies of the San Mateo Park and Baywood neighborhoods for historic preservation purposes.
As part of the City’s General Plan 2005, adopted in 1990, the Conservation and Open Space Element included Policy 8.2, which required the City to consider protecting concentrations of buildings that convey the flavor of local historic periods.
The narrative discussion of this policy emphasized the particular importance of the City’s Downtown area for historic preservation and stated that the Glazenwood neighborhood also warranted future consideration as a historic district.
Subsequently, in 1993, the City Council adopted a resolution (Resolution No. 124 (1993)) establishing the Downtown Historic District and amending the Zoning Code to establish Chapter 27.66 regarding Downtown Historic Preservation. While the Glazenwood neighborhood was discussed as part of this effort, it was not designated by the City Council as a historic district.
In 2009 and 2010, when the City adopted General Plan 2030 and the Housing Element, the Glazenwood Neighborhood was referenced as a historic district in the text, but no formal designation was taken during this time period. Based on the references in these two adopted plans, General Plan 2040, which was adopted in 2024, identified both the Downtown district and Glazenwood neighborhood as historic districts. However, the certified Environmental Impact Report (EIR) for General Plan 2040 differentiated the two by identifying Glazenwood as an eligible historic district and Downtown as a registered one. 311 of 605
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After General Plan 2040 was adopted, community members expressed interest in understanding whether the neighborhood was officially designated as a historic district. Staff conducted research and could not identify any records indicating that the City Council had formally designated the Glazenwood neighborhood as a historic district. This led staff to draft a resolution updating the General Plan 2040 Historic Resources map (Figure CD-1) to show Glazenwood as an eligible historic district, consistent with the certified EIR, as explained below.
In February 2025, the City started the Historic Policy Update Effort, which includes updating San Mateo Municipal Code Chapter 27.66 (Historic Preservation) and creating the first citywide Historic Context Statement. Throughout the process staff responded to multiple inquiries related to the status of Glazenwood as a designated historic district. Community interest continued to grow, and at their January 26, 2026 study session, Council directed staff to meet with the Glazenwood residents at their recurring neighborhood meeting and to return to Council with a proposal and the necessary research to officially designate Glazenwood as a historic district. City staff, the City’s historic preservation consultant (Rincon Consultants), and two Councilmembers attended the February 9, 2026, Glazenwood neighborhood meeting to answer questions about the historic status of the neighborhood and share information about and receive feedback about the Draft Historic Preservation Ordinance. Since that time, Staff and Rincon Consultants have conducted the background research necessary to support designation of the Glazenwood neighborhood as an historic district. The Draft Resolution to designate Glazenwood as a historic district is included as Attachment 1 and the historic resource evaluation (HRE), with information to support the designation included as Exhibit A to the Proposed Resolution.
DISCUSSION:
Historic District Designation
Historic districts may be designated at the federal, state, and local levels, each serving a distinct purpose and carrying different legal and regulatory implications. Understanding these distinctions is important for consideration of a local-level historic district designation.
At the federal level, historic districts are listed on the National Register of Historic Places, which recognizes resources significant to American history, architecture, archaeology, engineering, or culture. The National Historic Preservation Act of 1966 (NHPA) established the eligibility criteria for federal historic district designation and authorized the National Register of Historic Places (NRHP) to administer the designation.
At the state level, historic districts are listed on the California Register of Historical Resources, which identifies resources significant to California’s history and development. The California Register is administered by the California Office of Historic Preservation (OHP). The CRHR utilizes four evaluation criteria that closely parallel the National Register criteria, although the threshold for significance is based on importance to California history rather than national history.
At the local level, historic districts are designated pursuant to resolutions or municipal ordinances adopted by the City Council. Many jurisdictions establish eligibility criteria, nomination and designation procedures, and preservation requirements for historic districts or historic resources within their municipal code. However, the City of San Mateo Municipal Code does not currently contain provisions specifying local eligibility criteria. Rather, it relies on National Register of Historic Places and California Register of Historical Resources criteria for determining eligibility at the local level.
In this report, staff references the federal and California state criteria for historic district designations, as outlined in National Register Bulletin (Attachment 3). It is worth noting that the California criteria is modeled on federal standards, but with significance thresholds that are lower than the federal level. Generally, a historic district is defined as a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A historic district may be eligible for listing if it meets one or more of the following criteria.
• Criterion A (Events)
Associated with events that have made a significant contribution to the broad patterns of our history. • Criterion B (Persons)
Associated with the lives of persons significant in our past. 312 of 605
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• Criterion C (Design / Construction)
Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.
• Criterion D (Information Potential)
Has yielded, or may be likely to yield, information important in prehistory or history.
The historic resources and districts must also retain sufficient historic integrity to convey their significance. Integrity is evaluated through seven aspects: location, design, setting, materials, workmanship, feeling, and association. Alterations are acceptable if they do not substantially impair the district’s overall ability to convey its historic character.
National Register guidance further provides that a district must be a definable geographic area that can be distinguished from surrounding properties by characteristics such as density, scale, building type, age, architectural style, or patterns of historical development. It is usually a single geographic area of contiguous historic properties. The use of a discontinuous district format is generally discouraged for isolated or loosely related resources.
Although individual distinctions are not necessary for historic district eligibility, the district must contain a majority of contributing resources that collectively support the district’s historical or architectural significance as a whole. Individual properties within the district are classified as either contributing or non-contributing. Non-contributing resources do not preclude designation, provided the district as a whole clearly conveys its significance.
Glazenwood Neighborhood Historic Significance
The 1989 San Mateo Historic Survey identified the Central Commercial District and the Glazenwood neighborhood as eligible for listing in the NRHP as historic districts. Located in Hayward Park, the Glazenwood neighborhood occupies the previous land of Alvinza Hayward’s estate and mansion. The house was later expanded and converted into a luxury hotel. In 1920, the hotel burned down and the land was subdivided as a restricted residential park in 1921.
The Glazenwood neighborhood includes a u-shaped design with two curved streets of Laurel Avenue and Rosewood Drive, which was a popular plan inspired by country lanes of England. Development of the neighborhood occurred primarily between 1922 and 1925, with the first residents occupying homes by 1928. Early residents reflected the professional and managerial class of the era, including managers, architects, brokers, manufacturers, accountants, attorneys, and business owners. Predating Euclidean zoning, the tract was a residence park, restricted to the construction of residences. To ensure relative uniformity of development, including scale and design, all plans were required to be submitted to the San Mateo Improvement Company before the sale of a lot would be approved.
Subdivided by the San Mateo Improvement Company and largely designed and developed by the firm S.A. Born Building Company, one of the unifying visual features of this neighborhood is the use of the Spanish Colonial Revival style for many of the houses, along with other examples of popular revival styles from the period. Spanish Colonial Revival style architecture, along with its Mediterranean-influenced variations, became especially popular in coastal California during the 1920s. In San Mateo, many buildings constructed during that decade reflect this prevailing architectural trend. Glazenwood represents a notable and cohesive concentration of Spanish Colonial Revival architecture, reinforcing its visual identity and contributing to its significance as an intact example of early twentieth-century residential design. Although none of the homes in the Glazenwood neighborhood were identified as individually eligible historic resources in the 1989 survey, the prospective historic district contains a cohesive concentration of buildings, structures, and sites that are linked by history, development pattern, and architectural character. The majority of the buildings contribute to the district’s overall significance.
As identified in 1989 survey and confirmed by an HRE conducted by Rincon Consultants in February/March 2026 (Exhibit A), the boundary of the prospective historic district includes a majority of homes in the original Glazenwood Subdivision, generally encompassing the west side of Rosewood Drive, Laurel Avenue, the 100 block of Hayward Avenue and the east side of Palm Avenue between 9th and Hayward. The District Map (Exhibit B) identifies a contiguous geographic boundary that encompasses 36 contributors and three non-contributors. These boundaries are based primarily on the visual coherence 313 of 605
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and age of the houses, but also on the historic boundaries originally drawn for the subdivision. Entrances to Glazenwood at Rosewood, Laurel and Hayward are marked by gateposts which harmonize with the Spanish Colonial Revival style architecture of the homes.
Since the 1989 survey, as confirmed in February 2026, relatively few exterior modifications have been processed within the neighborhood. As a result, the Glazenwood neighborhood continues to retain a high degree of architectural integrity. The district remains eligible for listing in the National Register of Historic Places and California Register of Historical Resources under Criteria A/1 as a discrete residential development. Undertaken by the San Mateo Improvement Company and largely executed by the S.A. Born Building Company to take advantage of the central location and natural setting of the former Alvinza Hayward estate, then known as the Peninsula Hotel that was destroyed by fire in 1920. The Glazenwood Historic District is significant at the local level for its associations with urban planning and development as a residence park. Designed before Euclidean zoning was common, its construction as a planned residential park reflected the emerging trend toward suburbanization in San Mateo during this period.
The Glazenwood Historic District is also significant under Criteria C/3 as a remarkably cohesive grouping of mostly one-story residences designed in revival styles, mostly Spanish Colonial Revival. Though common during the period in which it was developed, the execution of the revival styles in the Glazenwood Historic District illustrates an important period of residential development in San Mateo, from 1921 through 1936. Buildings within the historic district embody the style, including stucco exteriors, red clay tile roofs, arched openings, decorative wrought iron elements, and ornamental tilework. Many residences feature asymmetrical massing, recessed entries, arcades, and interior courtyards, reflecting revival styles adapted for modern living. Additionally, the district is significant as a good example of the work of the S.A. Born Building Company’s execution of the plan for Glazenwood with cohesive design elements that extend beyond individual buildings, like the gateposts, lamp posts, and the horseshoe street design.
Regulatory Effect after the Designation
The U.S. Department of Interior issued the Secretary of the Interior’s Standards for Treatment of Historic Properties (Standards) pursuant to National Historic Preservation Act of 1966. The Standards establish a consistent framework for evaluating the appropriate treatment of historic properties and are widely used by federal, state, and local agencies.
Although the Standards are not independently codified as mandatory under state law, they are widely used as a professional benchmark in evaluating whether a project would cause a “significant impact” to a historic resource. They are also referenced in CEQA, including the Class 31 Categorical Exemption – Public Resource Code 15331, which applies to projects involving the rehabilitation of historic resources consistent with the Secretary Standards. Local jurisdictions may incorporate them into the municipal code, making them enforceable criteria for reviewing exterior alterations and additions. The City’s current Historic Preservation Ordinance (SMMC Chapter 27.66) has incorporated the Standards by reference and requires that all exterior modifications of individually eligible and contributor buildings conform to the Standards. Accordingly, the City evaluates the potential impact of any proposed alteration to historic resources under CEQA, using the Secretary Standards.
The City is currently undertaking an update to the Historic Preservation Ordinance. The draft Ordinance includes the establishment of local eligibility criteria, nomination and designation procedures, and preservation requirements for historic districts and historic resources. The draft local framework is currently modeled after the federal eligibility criteria and the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The draft Ordinance also includes owner consent requirements, with a 60 percent consent threshold for proposed historic districts. Once adopted, these local regulations would carry a stronger regulatory effect, enforceable preservation requirements, design review procedures, and demolition controls.
Historic District Designation
The Draft Resolution (Attachment 1) includes findings and a Historic District HRE (Exhibit A) that provides current documentation and evidence to support the designation of Glazenwood as a historic district. A map of the proposed historic district is included as Exhibit B. Pursuant to the current Historic Preservation Ordinance (Section 27.66.020(b)), “The City Council by resolution may add any building which it finds meets the criteria of contributing to the historic importance of 314 of 605
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downtown and the City. Such an action shall be based on National Register of Historic Places and California Register of Historical Resources criteria and documented in a form consistent with the City of San Mateo Historic Building Survey.” This provision provides the basis for the City Council to take action to designate Glazenwood as a historic district. However, it should be noted that the updated Historic Preservation Ordinance, once adopted and in effect, will be applicable to the Glazenwood historic district.
BUDGET IMPACT:
The cost to analyze whether the Glazenwood neighborhood qualified for historic district designation was approximately $15,000. This includes staff and consultant time to prepare an updated and legally defensible historic district evaluation, mapping and ownership research, public notification, and report preparation. These costs are covered by the budget contingency for the Historic Policy Update Project, funded by the Advanced Planning Fund (Fund 225) and do not have an impact on the City’s General Fund.
ENVIRONMENTAL DETERMINATION:
This historic district designation is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). CEQA applies only to activities that may cause a direct or reasonably foreseeable indirect physical change in the environment.
Identification of Glazenwood as a City of San Mateo historic district is to prevent significant environmental impacts to historical resources identified as part of the historic district. Without regulation of construction activities in the Glazenwood Historic District, the historic integrity of the neighborhood could be lost through incompatible alterations and new construction and the demolition of irreplaceable historic structures. Therefore, the project meets CEQA Guidelines Section 15061(b)(3) and Section 15308, and pursuant to these exemptions, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and is exempt from CEQA review.
NOTICE PROVIDED AND PUBLIC COMMENTS:
In accordance with Government Code Section 65090, notice of this public hearing was published in the San Mateo Daily Journal newspaper ten days in advance of this meeting. In accordance with Government Code Section 65091 and the City’s Municipal Code noticing requirements, notice of this public hearing was provided to the following parties more than ten days in advance of this meeting:
• Property owners and residential tenants within the proposed historic district boundary; • The City’s Planning “Notify Me” email list; and
• The interested parties email list, which includes interested individuals who contacted the City and requested to be added to the Project notification list.
Since City Council directed staff to proceed with preparing a resolution to consider designation of Glazenwood as a historic district beginning of February 2026, staff has received 10 written public comments. The comments, which primarily express support for designating the neighborhood as historic and ask questions about the historic status of the district, are included as Attachment 2. Any public comments received after the publication of this report will be forwarded to the City Council for and posted to this item on the City’s Agendas & Minutes Public Meeting Portal as “Post Packet Public Comments.”
ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Glazenwood Historic District Evaluation
Exhibit B – Proposed Historic District Map
Att 2 – Public Comments
Att 3 – National Register Bulletin
STAFF CONTACTS
CITY OF SAN MATEO
Zachary Dahl, Community Development Director
[email protected]
(650) 522-7207
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CITY OF SAN MATEO
Joanna Winter, Planning Manager
[email protected]
(650) 522-7211
RINCON CONSULTANTS
JulieAnn Murphy, Senior Architectural Historian
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RESOLUTION NO. ____ (2026)
A RESOLUTION TO DESIGNATE THE GLAZENWOOD NEIGHBORHOOD AS A HISTORIC DISTRICT AT THE LOCAL
LEVEL AND DETERMINE THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, in 1921 the City of San Mateo approved the “Map of Glazenwood” subdivision that created a neighborhood bounded by 9th Avenue to the north, 10th Avenue to the south, B Street to the west, and Palm Avenue to the east; and
WHEREAS, Glazenwood was initially developed beginning in 1921 following the subdivision of the former Alvinza Howard estate (later Peninsula Hotel site), which was destroyed by fire in 1920, and was planned as a residential park with coordinated design, infrastructure, and development controls; and WHEREAS, Glazenwood was primarily developed between 1921 and 1936 and is characterized by a cohesive collection of one- and two-story residences designed in Spanish Colonial Revival and related revival styles, along with associated features such as decorative gateposts, original lamp posts, and a distinctive horseshoe-shaped street; and
WHEREAS, the City’s 1989 Historic Building Survey identified the Glazenwood neighborhood as eligible for the National Register of Historic Places (NRHP); and
WHEREAS, General Plan 2005, General Plan 2030, and General Plan 2040 each identified the Glazenwood neighborhood as warranting consideration as a historic district; and WHEREAS, a Historic Resource Evaluation (HRE) prepared by a qualified architectural historian from Rincon Consultants, Inc. in March 2026 evaluated the Glazenwood neighborhood for listing in the NRHP and California Register of Historical Resources (CRHR) as a historic district; and WHEREAS, the HRE finds that the Glazenwood Historic District is significant under Criterion A/1 of the NRHP/CRHR for its association with early 20th century suburban development patterns in San Mateo as a planned “residence park,” and under Criterion C/3 of the NRHP/CRHR as a cohesive and well-preserved example of revivalstyle residential architecture, particularly Spanish Colonial Revival; and WHEREAS, the HRE establishes a period of significance from 1921 to 1936, representing the initial subdivision and primary period of architectural development within the district; and WHEREAS, the historic district includes a total of 39 resources, with 36 contributing resources, including site features such as gateposts and lamp posts, and three non-contributing resources; and WHEREAS, City Council received many testimonials and comments at the January 26, 2026 study session and the subsequent Glazenwood Neighborhood meeting on February 9, 2026 from residents of the Glazenwood neighborhood as to their preference for Glazenwood to be formally considered a historic district; and WHEREAS, on April 20, 2026, the City Council conducted a duly noticed public hearing to receive public comment and consider this Resolution to designation the Glazenwood neighborhood as a historic district based on the findings and evidence in the record.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS AND RESOLVES that:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. The Glazenwood Historic District designation is exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). CEQA applies only to activities that may cause a direct or reasonably foreseeable indirect physical change in the environment. Identification of Glazenwood as a City of San Mateo historic district is to prevent significant environmental impacts to historical resources identified as part of the historic district. Without regulation of construction activities in the Glazenwood Historic District, the historic integrity of the neighborhood could be lost through incompatible alterations and new construction and the demolition of irreplaceable historic structures.
Therefore, the project meets CEQA Guidelines Section 15061(b)(3) and Section 15308, and pursuant to these exemptions, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and is exempt from CEQA review.
3. The Glazenwood Historic District designation is consistent with all applicable goals and policies in General Plan 2040, including Goal CD-5 in the Community Design and Historic Resources Element to “preserve historic and culturally important resources to maintain San Mateo’s special identity and continuity with the past.”
4. The foregoing recitals and attached exhibits, including the Glazenwood Historic Resource Evaluation (Exhibit A) and Glazenwood District Map (Exhibit B), are true and correct and are incorporated by reference into this action.
5. Pursuant to San Mateo Municipal Code Section 27.66.020(b), the designation of the Glazenwood neighborhood as a historic district at the local level, based on the Glazenwood Historic Resource Evaluation (Exhibit A) and as shown on the Glazenwood District Map (Exhibit B), both attached hereto and incorporated herein by reference, is approved. This action is based on National Register of Historic Places and California Register of Historical Resources criteria, and documented in a form consistent with the City of San Mateo Historic Building Survey (Glazenwood HRE). 318 of 605
Rincon Consultants, Inc.
66 Franklin Street, Suite 300
Oakland, California 94607
510-834-4455
1 March 20, 2026
Project No: 24-16651
Zachary Dahl
City of San Mateo
330 West 20th Avenue
San Mateo, California 94403
Via email: [email protected]
Subject: Glazenwood Historic District Evaluation
Dear Mr. Dahl:
The City of San Mateo retained Rincon Consultants, Inc. (Rincon) to evaluate the Glazenwood neighborhood for listing in the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR). The Glazenwood Historic District was first identified as a potential historic district in 1989 and was recommended eligible for listing in the NRHP. A nomination for the NRHP was not prepared and the historic district was not listed at the federal or local level.
This letter report presents the findings of a historical resources evaluation (HRE) of the Glazenwood neighborhood. The current evaluation was prepared in response to direction from City Council received on February 2, 2026 to formally designate Glazenwood as a local historic district by resolution. The following information is provided to support the resolution.
Regulatory Framework
National Register of Historic Places
The NRHP was authorized by Section 101 of the National Historic Preservation Act and is the nation’s official list of cultural resources worthy of preservation. The NRHP recognizes the quality of significance in American, state, and local history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures, and objects. Per 36 CFR Part 60.4, a property is eligible for listing in the NRHP if it meets one or more of the following criteria:
Criterion A: Is associated with events that have made a significant contribution to the broad patterns of our history
Criterion B: Is associated with the lives of persons significant in our past Criterion C: Embodies the distinctive characteristics of a type, period, or method of installation, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction Criterion D: Has yielded, or may be likely to yield, information important in prehistory or history In addition to meeting at least one of the above designation criteria, resources must also retain integrity.
The National Park Service recognizes seven aspects or qualities that, considered together, define historic integrity. To retain integrity, a property must possess several, if not all, of these seven qualities, defined as follows:
Location: The place where the historic property was constructed or the place where the historic event occurred
Design: The combination of elements that create the form, plan, space, structure, and style of a property
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2 Setting: The physical environment of a historic property Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory
Feeling: A property’s expression of the aesthetic or historic sense of a particular period of time Association: The direct link between an important historic event or person and a historic property Certain properties are generally considered ineligible for listing in the NRHP, including cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions, relocated structures, or commemorative properties. Additionally, a property must be at least 50 years of age to be eligible for listing in the NRHP. The National Park Service states that 50 years is the general estimate of the time needed to develop the necessary historical perspective to evaluate significance (National Park Service 1997:41). Properties which are less than 50 years must be determined to have “exceptional importance” to be considered eligible for NRHP listing.
California Register of Historical Resources
The CRHR was established in 1992 and codified by PRC Sections 5024.1 and Title 14 Section 4852. The CRHR is an authoritative listing and guide to be used by state and local agencies, private groups, and citizens in identifying the existing historical resources of the state and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change (Public Resources Code, 5024.1(a)). The criteria for eligibility for the CRHR are consistent with the NRHP criteria but have been modified for state use in order to include a range of historical resources that better reflect the history of California (Public Resources Code, 5024.1(b)). Unlike the NRHP however, the CRHR does not have a defined age threshold for eligibility; rather, a resource may be eligible for the CRHR if it can be demonstrated sufficient time has passed to understand its historical or architectural significance (California Office of Historic Preservation 2011). Furthermore, resources may still be eligible for listing in the CRHR even if they do not retain sufficient integrity for NRHP eligibility (California Office of Historic Preservation 2011). Generally, the California Office of Historic Preservation recommends resources over 45 years of age to be recorded and evaluated for historical resources eligibility (California Office of Historic Preservation 1995:2).
A property is eligible for listing in the CRHR if it meets one of more of the following criteria:
Criterion 1: Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage
Criterion 2: Is associated with the lives of persons important to our past Criterion 3: Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values
Criterion 4: Has yielded, or may be likely to yield, information important in prehistory or history City of San Mateo Historic Resources Inventory
The City of San Mateo is currently drafting an updated Historic Preservation Ordinance update that outlines criteria for local designation. It has not yet been adopted. 320 of 605
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3 Methods
This section describes the methods of field survey and research used to evaluate the Glazenwood neighborhood as a historic district.
Survey
Rincon Architectural Historian JulieAnn Murphy conducted a built environment survey of the Glazenwood neighborhood on February 27, 2026. Overall condition and integrity of these resources were documented and assessed. Site characteristics and conditions were documented using notes and digital photographs.
Archival Research
Rincon completed background and archival research in support of this study in February and March 2026.
A variety of primary and secondary source materials were consulted. Sources included, but were not limited to, historical maps, aerial photographs, and written histories of the area. The following sources were utilized to develop an understanding of the project site and its context:
• San Mateo County Assessor’s Office
• Historical aerial photographs accessed via NETR Online • Historical aerial photographs accessed via University of California, Santa Barbara Library FrameFinder • Sanborn Fire Insurance Company Maps accessed through the San Francsico Public Library • Historical newspaper clippings obtained from Newspapers.com and the California Digital Newspaper Collection
• Collections at the San Mateo County Historical Association • 1989 Historic Resources Inventory forms prepared by San Mateo County Historical Association Findings
This section provides description, inventory, historic context, evaluation, integrity, and boundary justifications for the Glazenwood Historic District.
Narrative Description
Glazenwood Historic District is in central San Mateo’s Hayward Park neighborhood. It is a residential subdivision comprised of approximately one square block bounded by 9 th Avenue to the north, Rosewood
Drive to the east, Palm Avenue to the west, and 10th Avenue to the south. The neighborhood is characterized by a horseshoe-shaped street, Rosewood Drive and Laurel Avenue, that provides access to the neighborhood from 9th Avenue at two points, where decorative gateposts mark the entrance to the neighborhood. A short portion of Rosewood Drive also provides access to the neighborhood via 10th Avenue. A second street, Hayward Avenue, provides access to the neighborhood from Palm Avenue, and also features decorative gateposts.
The Glazenwood Historic District is located on land that was part of the Peninsula Hotel, the former residence of early San Matean Alvinza Hayward. Constructed in 1880, it was updated for use as a hotel 321 of 605
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4 following Hayward’s death in 1904.1 The Glazenwood Historic District was subdivided and planned in 1921, following the destruction of the Peninsula Hotel by fire in June 1920.2 The Historic District consists of primarily Spanish Colonial Revival single-family houses, with examples of Tudor Revival, Mission Revival, and Mediterranean Revival architectural influences. Houses are generally one-to-two stories and are on lots that are commonly 70 feet by 120 feet. Streets include planned sidewalk strips, many of which are planted with mature trees. Mature trees also line streets, fronting private residences. The Historic District also includes four lampposts that date to the original subdivision.
Inventory
Table 1 below outlines all the properties within the Glazenwood Historic District. A narrative description and photograph of each property is included in Attachment 1.
Table 1 Properties in Glazenwood Historic District
Address APN Build Date Status
Palm Avenue
1 901 Palm Avenue 034274100 1927 Contributor
2 913–915 Palm Avenue 034274090 1922 Contributor
2 919 Palm Avenue 034274080 1922 Contributor
4 925 Palm Avenue 034274130 1925 Contributor
Hayward Avenue
5 104 Hayward Avenue 034276180 1923 Contributor
6 105 Hayward Avenue 034274110 1923 Contributor
7 110 Hayward Avenue 034276010 1921 Contributor
Laurel Avenue
8 900 Laurel Avenue 034274010 1924 Contributor
9 901 Laurel Avenue 034273220 1925 Contributor
10 911 Laurel Avenue 034273210 1925 Contributor
11 914 Laurel Avenue 034274020 1922 Contributor
12 915 Laurel Avenue 034273200 1921 Contributor
13 920 Laurel Avenue 034274030 1922 Contributor
14 925 Laurel Avenue 034273190 1922 Contributor
15 926 Laurel Avenue 034274040 1922 Contributor
16 929 Laurel Avenue 034273180 1922 Non-Contributor
17 932 Laurel Avenue 034274050 1922 Contributor
18 937 Laurel Avenue 034273170 1923 Contributor
19 941 Laurel Avenue 034273160 1921 Contributor
20 947–949 Laurel Avenue 034273150 1923 Contributor
21 952 Laurel Avenue 034276020 1923 Contributor
1 “Hayward Residence,” San Mateo Public Library, San Mateo Public History Collection, accessed February 24, 2026, https://calisphere.org/item/ark:/13030/kt2p30233x/.
2 “Peninsula Hotel Afire,” San Mateo Public Library, San Mateo Public History Collection, accessed February 24, 2026, https://calisphere.org/item/ark:/13030/kt1r29q7f8/.
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5 Address APN Build Date Status
22 953 Laurel Avenue 034273140 1923 Contributor
23 958 Laurel Avenue 034276030 1923 Contributor
24 961 Laurel Avenue 034273130 1949 Non-Contributor
25 962 Laurel Avenue 034276040 1923 Contributor
26 970 Laurel Avenue 034276050 1923 Contributor
27 976 Laurel Avenue 034276060 1924 Contributor
Rosewood Drive
28 910 Rosewood Drive 034273030 1936 Contributor
29 914 Rosewood Drive 034273040 1929 Contributor
30 930 Rosewood Drive 034273050 1928 Contributor
31 932 Rosewood Drive 034273060 1949 Non-Contributor
32 934 Rosewood Drive 034273070 1923 Contributor
33 940 Rosewood Drive 034273080 1924 Contributor
34 960 Rosewood Drive 034273090 1924 Contributor
35 964 Rosewood Drive 034273100 1925 Contributor
36 966 Rosewood Drive 034273110 1923 Contributor
37 980 Rosewood Drive 034273120 1925 Contributor
38 Gateposts (3) Contributor
39 Lampposts (4) Contributor
Totals
All 39
Contributors 36
Non-Contributors 3
Historic Context
Development History
Glazenwood Historic District is a harmonious, well-designed residential neighborhood comprised of mostly Spanish Colonial Revival houses. The foundation of the neighborhood’s development followed the destruction of Alvinza Hayward’s estate, then serving as the Peninsula Hotel, by fire.3 The former Hayward estate was purchased by a syndicate of wealthy individuals formed in 1905 that was made up of a group of local entrepreneurs and developers, including Henry Rosenfeld, John Howell, W.H. Talbot, Antone Borel, and John Barenson. The group was incorporated as the San Mateo Improvement Company.4 They transformed the former residence into the Peninsula Hotel. In 1920, after the fire, the San Mateo Improvement Company instructed the real estate firm Baldwin & Howell, who were responsible for many important residential developments in the Bay Area, to subdivide the former 3 “400,000 Loss in Resort Fire at San Mateo,” The San Francisco Examiner, June 26, 1920, https://www.newspapers.com/image/457919047/?match=1&terms=%22san%20mateo%20improvement%20company%22. 4 “Big Syndicate Incorporates,” The San Francisco Call Bulletin, November 2, 1905, https://www.newspapers.com/image/77895506/?match=1&terms=%22san%20mateo%20improvement%20company%22. 323 of 605
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6 Peninsula Hotel land for bungalow sites.5 The S.A. Born Building Company were first to be named as interested in the site, which was tentatively named Baywood Court.6 The design would be a residence park, or a development that uses deed restrictions for use, design, and ownership. Speaking of the plans for development that would restrict use and capitalize of the existing natural setting of the former hotel S.A. Born said, “It is my expectation that the subdivision will be subdivided in a way as not to destroy, if possible, a single tree.”7In May 1921, the San Franisco Improvement Company subdivided the property as Glazenwood, and established Laurel Avenue, Rosewood Drive, and Hayward Avenue as public streets (Figure 1).
8 Glazenwood was chosen for the development name because of “the profusion of roses of the Beauty of Glazenwood type, which cover the old clubhouse.”9 Though the subdivision map was prepared in May 1921, it was not adopted until September 1921 and the planned construction of houses was halted in the interim. Between May and September 1921, the San Mateo Improvement Company completed the street work. The work was advertised as having been done using the most up-to-date standard for road construction explaining that, “it is not necessary to sacrifice utility in the interests of artistic effect, for the asphaltic-concrete type of construction supplies the maximum strength and durability in a roadway which harmonizes completely even with the strict artistic standards of one of California’s most beautiful residential district.”10 An image from June 1921 published in Standard Oil Bulletin depicts what the subdivision looked like before construction on the single-family houses began (Figure 2). 5 Online Archive of California, “Baldwin & Howell Records,” San Francisco Public Library, accessed March 13, 2026, https://oac.cdlib.org/findaid/ark:/13030/kt7t1nd5xt.
6 “Peninsula Hotel Property to be Villa Site,” The San Francisco Call Bulletin, October 2, 1920, https://www.newspapers.com/image/1229130295/?match=1&terms=%22san%20mateo%20improvement%20company%22. 7 “Peninsula Hotel Property to be Villa Site,” The San Francisco Call Bulletin, October 2, 1920, https://www.newspapers.com/image/1229130295/?match=1&terms=%22san%20mateo%20improvement%20company%22. 8 William B. Hoag, Map of Glazenwood San Mateo, California , (San Mateo: City of San Mateo, 1921). 9 “Five Bungalows Will be Erected at ‘Glazenwood’,” The San Francisco Examiner, October 8, 1921, https://www.newspapers.com/image/457725193/?match=1&terms=%22san%20mateo%20improvement%20company%22. 10 “Asphaltic-Concrete Highways Beautify Glazenwood Tract,” Standard Oil Bulletin, April 1922,16, Bulletin - Standard Oil Company of California - Google Books.
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7 Figure 1 Glazenwood Subdivision Map
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8 Figure 2 June 1921 Image of Glazenwood
Source: Standard Oil Bulletin
By January 1922, five bungalows, or one-story residences, were under construction by S.A. Born Building Company. Baldwin & Howell, who were acting as the developers on behalf of the San Mateo Improvement Company, were interested in the quick and relatively uniform development of the residential tract. They did now allow for the sale of lots without plans for immediate construction. Predating the popular practice of Euclidean zoning11, the tract was a residence park, restricted to the construction of residences. To ensure relative uniformity of development, including scale and design, all plans were required to be submitted to San Mateo Improvement Company before the sale of a lot would be approved. Baldwin & Howell were clear that “the aim of the company is to have bungalows exclusively in the tract, although an exception may be made here and there if a two-story house is required.”12 In 1922, Baldwin & Howell released a pamphlet advertising the new tract described as “San Mateo’s Picturesque Restricted Residence Park.” The advertisement, in addition to touting the neighborhood’s natural beauty also highlighted the modern conveniences noting, “Asphalt streets, concrete curbs and sidewalks; sewers and side sewers to all lots; water main are now in. Gas, electricity and telephone services will follow as homes are built.”13 The first speculative houses were purchased before completion 11 Euclidean zoning is the most common form of land use regulation in the United States that separates incompatible land uses. 12 “Glazenwood is Name of New Home Tract,” The San Francisco Call Bulletin, January 21, 1922. 13 Baldwin & Howell, “Glazenwood,” Advertisement. San Mateo County Historical Association, 2023.044.001. 326 of 605
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9 by Herber Jones and Walter A. Nelson in January 1922.14 By June 1922, seven houses in the development were complete (Figure 3).
15 Figure 3 941 Laurel Avenue Under Construction, February 1922 The tract’s early development was undertaken by S.A. Born Building Company, headed by Stephen A.
Born. S.A. Born was born in Decatur, Illinois and arrived in San Francisco in 1879. He first worked for George Doring followed by Martin & McGuire before going into business for himself in 1890. He trademarked his building and development business as “Born Built” and completed many developments in San Francisco and the Peninsula.16 He is responsible for the development and construction of West Clay Park, Sea Cliff, Ashbury Terrace, and Lincoln Manor in San Francisco.17 He also developed several tracts in San Mateo and Hillsborough. Described as master builders in period publications, S.A. Born Building Company are responsible for many of the architectural designs in Glazenwood. Most available records do not reference a tract architect, though early articles mention that Born’s architect was D.J.
Patterson.18 However, Born was known to employ many architects for his developments, though their designs appear to have many times been credited to the company rather than the individual. Stephen’s son, George Born was the company’s vice president when Glazenwood was built. He was an architect, suggesting he could be responsible for some of the designs.19 14 “Suburban Tract Building Active,” San Francsico Chronicle, January 28, 1922, https://www.newspapers.com/image/1235198032/?match=1&terms=%22glazenwood%22. 15 “San Mateo Homes Sold by Born Co,” San Francisco Journal, July 1, 1922, https://www.newspapers.com/image/997385513/?match=1&terms=%22glazenwood%22; “With the Realtors,” The Bulletin (San Francisco), February 18, 1922, https://www.newspapers.com/image/996136032/?match=1&terms=%22glazenwood%22. 16 Roy Walter Cloud, History of San Mateo County California, Vol II (S.J. Clarke Publishing Company, 1928), 558. 17 Richard Brandi and Denise Bradley, “Gardens in the City: San Francisco Residence Parks, 1906-1940 – Historic Context Statement,” Western Neighborhoods Project, October 2016, 72. 18 “Peninsula Hotel Property to be Villa Site,” San Francisco Call Bulletin, October 2, 1920, https://www.newspapers.com/image/1229130295/.
19 Richard Brandi and Denise Bradley, “Gardens in the City: San Francisco Residence Parks, 1906-1940 – Historic Context Statement,” Western Neighborhoods Project, October 2016, 72. 327 of 605
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10 The tract’s early development was successful, and S.A. Born proceeded to purchase 17 additional tracts for speculative development in August 1923.20 An October 1923 edition of The Building Review included a 16-page spread of residences built by S.A. Born Building Company. Of those, several examples from Glazenwood were included. Photographs of 925, 932, and 941 Laurel Avenue and 110 Hayward Avenue were included, a comparison to the buildings today reveals that they are remarkably unchanged and continue to convey their original design (Figure 4).21
The publication also included what were described as “model residences” designed by San Francsicobased architect William H. Toepeke for S.A. Born Building Company. The three hand-drawn renderings included in the set share similar massing and application of the Spanish Colonial Revival Design. One of the sketches is clearly the design that was eventually implemented for 104 Hayward Avenue. 22 William H.
Toepke (1870-1949) worked with S.A. Born Building Company and is responsible for several of the designs in Glazenwood. He was born in San Francisco in 1870 and worked in the office of architect William Mooser in 1886. He was hired by architect Charles Havens in 1890, becoming partners by 1897.
The two worked together until 1915 after which Toepke began his own practice.23 Toepke had many ties to San Mateo. He designed the residence at 914 Laurel Avenue, which he lived in for several years as his own residence. He died in 1949.24
Figure 4 S.A. Born Building Company Designed Houses
1923 Photographs Current Photographs
925 Laurel Avenue
20 “Glazenwood to Have Many New Modern Homes,” The Bulletin, August 4, 1923, https://www.newspapers.com/image/996126491/?match=1&terms=%22glazenwood%22%20%22clubhouse%22. 21 “Residences Built by S.A. Born Building Co. Near San Francisco,” The Building Review, Vol. XXIV, No. 4 (1923), 41-56, https://archive.org/details/buildingreview2319232sanf/page/n461/mode/2up. 22 “Residences Built by S.A. Born Building Co. Near San Francisco,” The Building Review, Vol. XXIV, No. 4 (1923), 52, https://archive.org/details/buildingreview2319232sanf/page/n461/mode/2up. 23 “Havens & Toepke (1874-1916),” NoeHill, https://noehill.com/architects/havens_and_toepke.aspx, accessed February 28, 2026. 24 “William H. Toepke Architect, Dies,” Redwood City Tribune, July 29, 1949, https://www.newspapers.com/image/842232330/?match=1&terms=william%20toepke%20%22san%20mateo%22. 328 of 605
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11 1923 Photographs Current Photographs
932 Laurel Avenue
941 Laurel Avenue
110 Hayward Avenue
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12 Figure 5 S.A. Born Building Company Designed by William Toepke 1923 Sketch Current Photograph
104 Hayward Avenue
In the early 1920s, Glazenwood was repeatedly described as a restricted residential tract. S.A. Born described that “there is no other tract on the peninsula which is protected to the same extent with restrictions that Glazenwood is.”25 The neighborhood’s status as a restricted residential tract was a selling point, and meant to signal a planned, exclusive, and economically harmonious neighborhood. Such neighborhoods often included racial covenants that explicitly excluded people from specified racial and religious groups by deed restriction. A review of early deeds for Glazenwood confirm that the standard declarations adopted by the San Mateo Improvement Company included a racial restriction that stated “no portion of said property, and no interest in any of said property, shall be conveyed, transferred, leased or demised to or held by any person unless he be of the Caucasion [sic] or white race.”26 The subdivision was not, apparently, restricted by religion and there are several examples of early advertisements for Glazenwood in the local Jewish publication, Emanu -El. 27 According to available census records, the early residents were from the professional class and included investment bankers, lawyers, salesmen, and engineers and many households included live-in service staff.28 After the initial rush of development following S.A. Born Building Company’s purchase and development of several lots, development slowed. The Peninsula clubhouse on the east side of Rosewood Drive, from which the Glazenwood name was named, was first planned to continue to be a community amenity for the development. By 1928, however, there were abandoned plans for it to be redeveloped into a school.29 Likely signaling the impending Great Depression, the San Mateo Improvement Company dissolved in 1929.30 Though a substantial number of the original subdivision lots were developed by this time, several lots on the east side of Rosewood Drive and Palm Avenue were still undeveloped. Later development occurred in the following decades (Figure 6). A Sanborn map from 1950 depicts that most of the original 1921subdivision lots were developed by that time, including the area of the former clubhouse which was demolished by this time. The later development, mostly occurring following the end of World War II, is more typical of that period of architecture and includes mostly post-war Ranch-style residences. 25 “Suburban Tract Building Active,” San Francisco Chronicle, January 28, 1922, https://www.newspapers.com/image/1235198032/?match=1&terms=%22suburban%20tract%20building%20active%22. 26 Declaration of Easements, Restrictions, Conditions, Covenants and Agreements, etc. affecting Glazenwood, San Mateo Improvement Company, October 3, 1921, County of San Mateo Official Records, Vol. 22, Pages 204-208, https://www.familysearch.org/ark:/61903/3:1:9392-L18R-5?wc=MDJ1- GWP%3A174973701%2C183193701%26cc%3D1878749&cc=1878749&lang=en. 27 “A Builder of Fine Houses,” Emanu -El, April 14, 1922, Emanu-El (San Francisco, Calif. : 1895) 14 April 1922 — J. Archives; The Jewish News of Northern California.
28 United States Census Bureau, Fifteenth Census of the United States: 1930, California, San Mateo Precinct 24/25. 29 “Applications for Private Kindergarten Blocked Here,” The Times (San Mateo), October 2, 1928, https://www.newspapers.com/image/38886023/?match=1&terms=%22glazenwood%22. 30 “Notice of Application to Dissolve the San Mateo Improvement Company,” The Recorder, June 11, 1929, https://www.newspapers.com/image/610568375/?match=1&terms=%22san%20mateo%20improvement%20company%22. 330 of 605
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13 Figure 6 1950 Sanborn Map of Glazenwood
Revival Style Architecture
Beginning in the 1890s and continuing through the 1940s, revival style architecture was popular throughout the United States and was considered moder in comparison to the elaborate decorative styles from the popular Victorian styles in the years prior. Earlier revival styles, like Tudor Revival, drew on domestic English architecture and were often implemented to demonstrate wealth and status in emerging cities in the United States. By the 1920s, revival style architecture was a staple of American domestic architecture. At the same time, newer revival styles began to emerge that were based on the historic architecture of Spain, Italy, and the Native American Southwest. Adoption of revival styles, particularly those inspired by Spain and native architecture, shaped California’s architectural landscape during the period. The fundamental elements of these later revival styles are unified by plaster walls, the use of the arch, and enclosed patios. Mission Revival was the earliest style. Beginning in the mid-1890s and lasting up to the First World War it applied exterior features of the California missions onto thencurrent building types. Following it, from the mid-1910s through the 1940s, was the Spanish Colonial Revival. This style went beyond reproducing surface features and incorporated massing, layout, and relationships to the landscape which were typical of both the California missions and their antecedents found in the Andalusia region of southern Spain. Of all the revivals, the Mission Revival and the Spanish Colonial Revival were the most prolific in California. The Mediterranean Revival began to emerge in the 1920s and was commonly used for residential designs. It shares basic elements with the Spanish 331 of 605
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14 Colonial Revival, such as stucco walls and tiled roofs, but is generally less exuberant and more formal in its massing.
31 Tudor Revival Character-Defining Features
• One- to three-story height
• Varied plans, steeply-pitched cross-gabled roofs
• Half-timbering at the exterior, often on the face of projecting bays or gabled ends • Brick or stucco primary cladding with brick or stone accents • Large, elaborate chimneys often crowned by decorative chimney pots • Entrances with arched openings
• Hand-hewn detailing on wood beams framing porches or entrances • One or more groupings of wood or metal casement windows usually in groups of three or more • May have rectangular or diamond-shaped panes32
Mission Revival Character-Defining Features
• Espada ña: a curved or scalloped gable end or parapet extension that functions as an extension of the gabled end wall above the roof line, with openings for bells • Corner towers
• Stucco exterior
• Clay/terracotta tile roofs
• Wide, overhanging eaves
• Rounded arches and arcades
• Verandas, patios, and courtyards
• General lack of ornamentation, often limited to applied tiles or cast plaster motifs • Star-shaped, or quatrefoil (four-leaf) window openings, or openings with such shape in parapets33 Spanish Colonial Revival Character-Defining Features
• Stucco exteriors, usually smooth, but sometimes with moderate texture • Low-pitched gable and/or hip roofs with little to no eave overhang • Clay roof tiles
• Arched windows and openings
• Occasional tower used as a vertical accent
• Enclosed outdoor spaces
• Wrought iron railings for balconies and window grilles (rejas) • Picturesque massing, comping rectangular and cylindrical masses 31 Daniel Prosser, “Mediterranean and Indigenous Revival Architecture, 1893–1948, SurveyLA Citywide Historic Context Statement” (Los Angeles: City of Los Angeles Department of City Planning, Office of Historic Resources, 2018), accessed March 14, 2026, https://planning.lacity.gov/odocument/097f6db5-feee-43f5-a448- fd140763de90/MediterraneanandIndigenousRevivalArchitecture_1893-1948.pdf. 32 Virginia Savage McAlester, A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture , rev. and expanded ed. (New York: Alfred A. Knopf, 2013), 448-466. 33 Virginia Savage McAlester, A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture , rev. and expanded ed. (New York: Alfred A. Knopf, 2013), 510-518. 332 of 605
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15 • Asymmetrical façades
• Mix of large focal windows and smaller rectangular windows • Attic vents consisting of small-diameter red clay pipes, or set behind patterned screens (cut into façade) • Distinctly shaped and capped chimneys34
Mediterranean Revival Character-Defining Features
• Implementing Spanish, Mexican, Italian and Moorish influences • Stucco exterior
• Arched windows and openings
• Horizontal massing
• Clay tile roofs
• An eclectic use of design elements from the Mediterranean region35 Use of each of the revival styles described above are seen in the Glazenwood Historic District. As is common though the application of architectural styles, especially when implemented by one designer or developer as was the case with the S.A. Born Building Company, there are interpretations that blend elements from several styles. In order to achieve cohesion, while avoiding repetition, designs were tweaked to include elements from more than one style. As a result, the neighborhood presents a variety of interesting examples of popular architecture from the period.
Evaluation
The Glazenwood Historic District is significant under Criteria A/1 as a discrete residential development, or residential park. It was undertaken by the San Mateo Improvement Company and largely executed by the S.A. Born Building Company to take advantage of the central location and natural setting of the former Alvinza Hayward estate, then known as the Peninsula Hotel that was destroyed by fire in 1920. The Glazenwood Historic District is significant at the local level for its associations with urban planning and development as a residence park. Designed before Euclidean zoning was common, its construction as a planned residential park reflected the emerging trend toward suburbanization in San Mateo during this period.
Though the Glazenwood Historic District was home to many San Mateo residents who were members of the City’s professional class when constructed, including many lawyers, business owners, salesmen, engineers, and architects, there is no information to suggest that their residences were significant or illustrate important or notable achievements of their owners or residents. The Glazenwood Historic District is not, therefore, recommended eligible under Criteria B/2.
The Glazenwood Historic District is also significant under Criteria C/3 as a remarkably cohesive grouping of mostly one-story residences, designed in revival styles, mostly Spanish Colonial Revival. Though common during the period in which it was developed, the execution of the revival styles in the Glazenwood Historic District illustrates an important period of residential development in San Mateo, from 1921 through 1936. Buildings within the historic district embody the style, including stucco exteriors, red clay tile roofs, arched openings, decorative wrought iron elements, and ornamental tilework. Many residences feature asymmetrical massing, recessed entries, arcades, and interior courtyards, reflecting revival styles adapted for modern living. Additionally, the district is significant as a good example of the work of the S.A. Born Building Company’s execution of the plan for Glazenwood with cohesive design 34 McAlester, A Field Guide to American Houses, 520-534. 35 Prosser, “Mediterranean and Indigenous Revival Architecture, 1893–1948, SurveyLA Citywide Historic Context Statement,” 49. 333 of 605
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16 elements that extend beyond individual buildings, like the gateposts, lampposts, and the horseshoe street design.
No available information uncovered as a part of this study suggests that it is eligible for its potential to yield information important to history or prehistory. The Glazenwood Historic District is not recommended eligible under Criteria D/4.
Integrity
The Glazenwood Historic District retains all seven aspects of integrity. The district remains in its historic location adjacent to Downtown San Mateo, as first developed in 1922. Though the surrounding area has seen some changes from increased development, Glazenwood’s setting has remained largely unchanged as evidenced in its retained street design and maintained mature vegetation. Though some individual houses have been updated over time, changes have been made in a compatible manner and have retained integrity of design, materials, and workmanship . Finally, those things when considered in concert have helped the Glazenwood Historic District retain integrity of feeling and association as an early 20th century suburban development.
Period of Significance
The Glazenwood Historic District’s period of significance spans from 1921 when it was first planned and laid out until 1936 when the last residence constructed in a revival style was completed.
Boundary Justification
The boundaries of Glazenwood Historic District reflect the initial subdivision of the former Alvinza Hayward estate as the site of a 1920s residential suburb neighborhood. The historic district encompasses all those parcels that were developed as originally envisioned by the San Mateo Improvement Company, composed of mostly single-family residences. Though plotted as part of the original subdivision, parcels south of Hayward Avenue on Palm Avenue and on the east side of Rosewood Drive were excluded because they were developed many decades later and their designs do not reflect the popular revival styles that characterize the neighborhood’s early development. A map depicting the historic districts boundaries and the status of each property within is attached in Appendix B.
Sincerely,
Rincon Consultants, Inc.
JulieAnn Murphy Margo Nayyar
Senior Architectural Historian Principal
Attachments
Attachment 1 Table of Properties in Glazenwood Historic District Attachment 2 Map of Glazenwood Historic District
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17 References
Baldwin & Howell. “Glazenwood.” Advertisement. San Mateo County Historical Association. 2023.044.001.
Brandi, Richard, and Denise Bradley. Gardens in the City: San Francisco Residence Parks, 1906 – 1940 – Historic Context Statement. Western Neighborhoods Project, October 2016.
Cloud, Roy Walter. History of San Mateo County California. Vol. 2. Chicago: S. J. Clarke Publishing Company, 1928.
Declaration of Easements, Restrictions, Conditions, Covenants and Agreements, etc. Affecting Glazenwood. San Mateo Improvement Company, October 3, 1921. County of San Mateo Official Records, Vol. 22, pp. 204–208. https://www.familysearch.org/ark:/61903/3:1:9392-L18R5?wc=MDJ1-GWP%3A174973701%2C183193701%26cc%3D1878749&cc=1878749&lang=en.
Emanu -El. “A Builder of Fine Houses.” April 14, 1922.
Hoag, William B. Map of Glazenwood, San Mateo, California. San Mateo: City of San Mateo, 1921.
McAlester, Virginia Savage. A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture. Rev. and expanded ed. New York: Alfred A. Knopf, 2013.
NoeHill. “Havens & Toepke (1874–1916).” Accessed February 28, 2026. https://noehill.com/architects/havens_and_toepke.aspx.
Online Archive of California. “Baldwin & Howell Records.” San Francisco Public Library. Accessed March 13, 2026. https://oac.cdlib.org/findaid/ark:/13030/kt7t1nd5xt.
Prosser, Daniel. Mediterranean and Indigenous Revival Architecture, 1893 – 1948: SurveyLA Citywide Historic Context Statement. Los Angeles: City of Los Angeles Department of City Planning, Office of Historic Resources, 2018. https://planning.lacity.gov/odocument/097f6db5-feee-43f5-a448- fd140763de90/MediterraneanandIndigenousRevivalArchitecture_1893-1948.pdf.
Redwood City Tribune. “William H. Toepke Architect, Dies.” July 29, 1949. https://www.newspapers.com/image/842232330/?match=1&terms=william%20toepke%20%22s an%20mateo%22.
Sanborn Map Company. San Mateo, California. New York: Sanborn Map Company, 1920, Revised to February 1950. Library of Congress.
San Mateo County Historical Association. Historic Resources Inventory – Glazenwood. April 1989.
San Mateo Public Library. “Hayward Residence.” San Mateo Public History Collection. Accessed February 24, 2026. https://calisphere.org/item/ark:/13030/kt2p30233x/. ________.“Peninsula Hotel Afire.” San Mateo Public History Collection. Accessed February 24, 2026. https://calisphere.org/item/ark:/13030/kt1r29q7f8/.
San Francisco Call Bulletin. “Big Syndicate Incorporates.” November 2, 1905. https://www.newspapers.com/image/77895506/?match=1&terms=%22san%20mateo%20impro vement%20company%22.
________.“Peninsula Hotel Property to Be Villa Site.” October 2, 1920. https://www.newspapers.com/image/1229130295/.
________.“Glazenwood Is Name of New Home Tract.” January 21, 1922. 335 of 605
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18 San Francisco Chronicle. “Suburban Tract Building Active.” January 28, 1922. https://www.newspapers.com/image/1235198032/?match=1&terms=%22suburban%20tract%20 building%20active%22.
San Francisco Examiner. “400,000 Loss in Resort Fire at San Mateo.” June 26, 1920. https://www.newspapers.com/image/457919047/?match=1&terms=%22san%20mateo%20impr ovement%20company%22.
________.“Five Bungalows Will Be Erected at ‘Glazenwood.’” October 8, 1921. https://www.newspapers.com/image/457725193/?match=1&terms=%22san%20mateo%20impr ovement%20company%22.
San Francisco Journal. “San Mateo Homes Sold by Born Co.” July 1, 1922. https://www.newspapers.com/image/997385513/?match=1&terms=%22glazenwood%22.
Standard Oil Bulletin. “Asphaltic-Concrete Highways Beautify Glazenwood Tract.” April 1922.
The Building Review. “Residences Built by S. A. Born Building Co. Near San Francisco.” 24, no. 4 (1923):
41–56. https://archive.org/details/buildingreview2319232sanf/page/n461/mode/2up.
The Bulletin (San Francisco). “Glazenwood to Have Many New Modern Homes.” August 4, 1923. https://www.newspapers.com/image/996126491/?match=1&terms=%22glazenwood%22%20%2 2clubhouse%22.
________“With the Realtors.” February 18, 1922.
https://www.newspapers.com/image/996136032/?match=1&terms=%22glazenwood%22.
The Recorder. “Notice of Application to Dissolve the San Mateo Improvement Company.” June 11, 1929. https://www.newspapers.com/image/610568375/?match=1&terms=%22san%20mateo%20impr ovement%20company%22.
The Times (San Mateo). “Applications for Private Kindergarten Blocked Here.” October 2, 1928. https://www.newspapers.com/image/38886023/?match=1&terms=%22glazenwood%22.
United States Census Bureau. Fifteenth Census of the United States: 1930. California, San Mateo Precincts 24/25.
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Attachment 1
Table of Properties in Glazenwood Historic District
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1-1
901 Palm Avenue 034274100 Contributor 1927
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company
901 Palm Avenue, located at the corner of Palm Avenue and 9th Avenue is a twostory Spanish Colonial Revival residence. It features an L-shaped footprint, lowpitched red tile roof, and textured stucco exterior. It includes a distinctive tower, where the residence’s two wings meet, which houses the primary entrance – an arched wood door. Windows are wood casement. The second-story window in the tower features a decorative iron window grille. Other ironwork includes two balconettes – one at the second-story window at the Palm Avenue elevation and one at the second-story window at the 9th Avenue elevation. The front yard is enclosed by a short stucco wall and wooden gate.
Character-defining features:
• L-shaped footprint with distinctive tower
• Smooth stucco exterior
• Red clay roof tile
• Casement windows
• Decorative window grilles and iron balconets
913-915 Palm Avenue 034274090 Contributor 1922
Architect: Mitchell Jackson and
Company
Builder: Mitchell
Jackson and
Company
Original Owner: Mary Inwood
913-915 Palm Avenue is a one-story Colonial Revival duplex with a recent two-story rear addition. The residence features a clipped gable roof at the original portion of the building, while the addition features a side gable roof. The residence features a stucco exterior and an asphalt shingle roof. The primary, street-facing elevation is symmetrical with a central chimney and features two prominent pediment entries with pergolas.
Character-defining features:
• Clipped gable roof
• Smooth stucco exterior
• Central chimney
• Two prominent pediment entries with pergolas
• Multilite windows
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1-2
919 Palm Avenue 034274080 Contributor 1922
Architect: S.A. Born
Building Company
Builder: SA Born Building
Company
Original Owner: Frederick J. Smith
919 Palm Avenue is a Spanish Colonial Revival residence with Mission Revival elements that features a red clay tile roof, smooth stucco exterior, and decorative details. The residence features an L-shaped ground plan with an asymmetrical primary elevation comprised of three planes. The residence’s projecting elevation features a central bay window topped with a mission-shaped parapet with smooth coping. A second mission-shaped parapet with smooth coping is repeated above the main entry, which is slightly recessed, accessed via a staircase and covered by an overhang with red tiles. The most recessed plane is comprised of an attached garage with a paired window above, also covered by an overhang with red clay tiles with inlaid decorative ceramic tile detail in the gable.
Character-defining features:
• L-shaped footprint
• Smooth stucco exterior
• Red clay roof tile
• Mission shaped parapet with stucco coping
• Multilite windows
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1-3
925 Palm Avenue 034274130 Contributor 1925
Architect: SA Born
Building Company
Builder: SA Born Building
Company
Original Owner: L.D. Gandon
925 Palm Avenue is a one-story Spanish Colonial Revival residence. It features a rectangular footprint, smooth stucco exterior, and varied roof forms clad with red clay tiles. It has asymmetrical massing that continues for four bays. The main entry is located at the second bay and features a small, enclosed porch with an arched opening, accessed via a short stair with stepped, stucco cheek walls. The area north of the main entry is comprised of a one-story portion with a pair of central multi-lite French doors fronted by a balconet. A second story rises above the bay with a tile roof and two punched multi-pane casement windows. The third bay is symmetrical with a central mission-shaped parapet above three multi-pane casement windows, with decorative vent details above. The residence’s fourth bay is an attached garage that features a pair of inset stucco arch details above the garage door.
Character-defining features:
• Varied roof forms with red clay tiles
• Smooth stucco exterior with arch details
• Stepped, stucco cheek walls
• Iron balconet
• Multilite casement windows
• Chimney with decorative top
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1-4
104 Hayward Avenue 034276180 Contributor 1923
Architect: William Toepke Builder: SA Born Building
Company
Original Owner: S.A. Born Building Company
104 Hayward Avenue is a two-story house with one-story wing that features a rectangular footprint, irregular roof with red clay tiles, and smooth stucco exterior.
The building is designed in the Spanish Colonial Revival style with Mission Revival elements. Typical of the Spanish Colonial Revival style, the primary, north, elevation’s primary entry features decorative iron sconces and an arched opening adorned with decorative tile along its perimeter. The primary elevation also features three arched windows on the first story. The building’s two-story portion includes tripartite sixover-one windows, separated with turned column detailing. The gable roofline features a decorative, carved detail on the frieze. More typical of the California Mission style, this portion of the building features exposed, decorative rafters.
The house features a detached garage with a red clay tile overhang above the garage door. The overhang features large stucco supports, which appear to be recent additions. The garage partially conceals a recent second-story addition.
Character-defining features:
• Rectangular footprint
• Smooth stucco exterior
• Red clay tile roof
• Arched openings
• Multipane casement and double-hung windows
• Exposed, decorative rafters
• Decorative tile details
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1-5
105 Hayward Avenue 034274110 Contributor 1923
Architect: William Toepke Builder: SA Born Building
Company
Original Owner: S.A. Born Building Company
105 Hayward Avenue is a two-story house with a one-story wing. Designed in the Spanish Colonial Revival style, it has a rectangular footprint, varied roof form with red clay tiles, and a smooth stucco exterior. The primary, south, entry appears to have been altered from its original design and features a flat roof with a rectangular entry and scored stucco surround with decorative ornaments at the corners. The central portion of the elevation projects and features three arched, double-sash doors, each separated by spiraled column details and fronted by an iron balconet.
The arched doors are flanked by rectangular punched openings with metal window grille details. The area west of the primary entry has been altered over time but includes a period-appropriate simulated multipane casement window.
The elevation continues to the two-story portion, which included punched openings at the first floor, each with six-over-one windows. A small window east of the larger windows, features a stucco arched detail above the opening. The second story includes a central paired double-sash door separated by a spiraled column detail and fronted by an iron balconet. The roofline at this portion of the building includes two medallions, shield details at each corner. The east side of the elevation has a porch, facing the driveway below. The building features two chimneys, each with a tapered copper top.
The area east of the main house includes a detached, two-story garage with a rectangular footprint, flat roof, and smooth stucco exterior. The ground level includes a single garage door opening topped with a red clay tile overhang. The second story features three evenly spaced windows, each three-over-one. There is simple tile detailing at the roofline.
Character-defining features:
• Rectangular footprint
• Smooth stucco exterior
• Red clay tile roof
• Arched openings
• Spiral column details
• Iron balconets
• Metal grilles
• Multipane casement and double sash windows
• Detached garage
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1-6
110 Hayward Avenue 034276010 Contributor 1921
Architect: S.A. Born
Building Co.
Builder: S. A. Born
Building Co.
Original Owner: R. Bonner
110 Hayward Avenue is a one-story Spanish Colonial Revival-style residence.
Located on a corner lot, it features an L-shaped floor plan, smooth stucco exterior and a combined roof with red clay tiles. The primary, north, entry is recessed with a tripartite window adjacent to the entry. The west side of the primary elevation features a projecting section, comprised of a short, polygonal tower with decorative stucco vents at its roofline at the street-facing and walkway-facing elevations. The west side of the elevation continues and features a bay window, topped with a red clay tile roof, which appears to be the result of an early alteration.
The east side of the primary elevation includes two punched rectangular openings with multilite windows. A decorative chimney stands between the windows, topped with an elaborate chimney top with a small, tiled roof. The building’s east elevation fronts Laurel Avenue and features large, arched window openings with tripartite multilite windows.
Character-defining features:
• L-shaped floorplan
• Smooth stucco exterior
• Polygonal tower with decorative stucco vents
• Decorative chimney with elaborate chimney top
• Large, arched window opening
• Multilite windows
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1-7
900 Laurel Avenue 034274010 Contributor 1924
Architect: William Toepke Builder: S.A. Born Building
Company
Original Owner: R.W. Kern
900 Laurel Avenue is a one-and-a half story Tudor Revival-style residence. It features a rectangular footprint, cross-gable roof, and stucco and half-timber exterior. The building’s front-facing elevation includes an asymmetrical, nested gable that projects from the rest of the residence. The nested gable features the primary entrance which is recessed behind a Tudor arch opening. The Tudor arch opening’s tabbed cast surround extends into the surrounding brickwork that continues around the nested gable’s south corner. The remainder of the front-facing gable elevation includes tripartite windows to the north, and half-timber details in the gables. The larger, front facing gable has a central tripartite casement window.
The building’s two planes meet at a corner chimney which features elaborate patterned brickwork. The elevation continues to a central, four-part casement window. Half-timbering details are repeated on the building’s north, south, and east (rear) gables. The building’s north elevation includes a longer eave at the gable roof, over a secondary entry. An additional, secondary entry is available via exterior stairs that appear to be a later alteration.
Character-defining features:
• Cross gable roof with longer eave at north elevation
• Half timbering
• Nestled gable entry with Tudor arch opening
• Brick detail at entry
• Patternwork brick at chimney
• Multilite casement windows
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1-8
901 Laurel Avenue 034273220 Contributor 1925
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company
901 Laurel Avenue is an asymmetrical two-story Spanish Colonial residence. It features a rectangular plan, gable and flat roof with red clay tiles, and a smooth stucco exterior. The primary, west, elevation is comprised of three bays. The central projection includes the primary entry that includes a solid wood plank door with a metal window grille at the door’s central window. It is flanked by two multilite casement windows. The main entry is beneath the second story’s triple arched windows, fronted by an iron balconet. Windows are fully glazed, which appears to be a later alteration. The roofline includes a circular stucco detail above the windows.
The primary elevation’s north bay has an extended eave that continues from the central gable. The first floor includes a pair of rectangular windows topped with a stucco arch detail and fronted by an iron balconet. The second floor includes one multipane awning window. The primary elevations south bay features a flat roof, with a red clay tile overhang above two rectangular multilite French doors, each fronted with an iron balconet. The second floor includes three sash windows.
Character-defining features:
• Gable and flat roof with red clay tile
• Smooth stucco exterior with stucco detailing
• Arched window openings
• Mix of multilite casement and double sash windows
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911 Laurel Avenue 034273210 Contributor 1925
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company.
911 Laurel Avenue is a one-and-a half story residence. It has an L-shaped footprint, smooth stucco exterior, and cross gable roof. The two portions of the plan meet at the corner, and the primary entry is located on the north-facing portion of the projecting portion of the elevation. It is comprised of an arched wood panel door.
The street-facing portion of the projecting elevation features a clipped gable roof.
The first floor includes a central pair of double-hung six-over-one windows, with shutters on each side. There is a rectangular multilite window at the roofline, also with shutters on each side.
The one-story portion of the residence features tripartite multilite, full-height windows, with a stucco arch detail above that front the primary elevation patio. The roof includes a shed dormer. There is a chimney at the north elevation, that includes decorative brick detail. Though the building retains its basic form and some elements of the Tudor Revival style, it has been recently updated. Non-historic changes include the rustic stone patio wall, shed dormer, and non-historic awning above the front door.
Character-defining features:
• L-shaped footprint
• Smooth stucco exterior
• Cross gable roof with clipped gable
• Chimney with decorative brick detail
• Multilite windows
• Recessed garage
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Glazenwood Historic District
1-10
914 Laurel Avenue 034274020 Contributor 1922
Architect: William Toepke Builder: S.A. Born Building
Company
Original Owner: William Toepke
914 Laurel Avenue is a one-story Spanish Colonial Revival style residence. It has a rectangular footprint, smooth stucco exterior, and features a side-gable roof with projecting front gable, with red clay tiles. The primary entry has a solid wood paneled door with a decorative surround with carved details and flanked by decorative iron sconces. The elevation includes three, small, rectangular windows with distinctive slanted stucco sills and a chimney with an inset detail and topped with a small tile roof. There is a multilite French door adjacent to the chimney, fronted by an iron balconet. The elevation’s projecting bay has a central multilite French door, also fronted by an iron balconet and topped with a stucco arch detail. The roof’s front gable is flanked by square parapets, with visible drains. The house has a detached garage set back from the adjacent driveway.
Character-defining features:
• Rectangular footprint
• Red tile roof
• Smooth stucco exterior with arch detail
• Small, rectangular windows
• Arched openings
• Decorative surround at entry
• Iron balconet
• Multilite windows
• Recessed garage
347 of 605
City of San Mateo
Glazenwood Historic District
1-11
915 Laurel Avenue 034273200 Contributor 1921
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 915 Laurel Avenue is a one-story residence. Built in the Spanish Colonial Revival style, it features a flat roof, rectangular footprint, and smooth stucco exterior. The primary elevation features three planes. The southernmost bay projects from the front of the building and features a paired multiplane casement window, fronted by an iron balconet. The elevation features a second multilite window beneath a short red clay tile overhang.
The primary entry is accessed via a short stair, adorned with decorative clay tiles, and flaked by stucco cheek walls. It fronts an entry patio. The roof above the entry features a gable roof detail with red clay tile. The door is a wood panel door with decorative, turned details. There are two paired French doors fronting the patio, presumably providing access. More typical of the Pueblo Revival style, the building also features projecting wood roof beams (vigas) at the primary elevation and the south elevation.
Character-defining features:
• Rectangular footprint
• Red tile roof
• Smooth stucco exterior
• Decorative tiles
• Entry patio
• Multilite windows
• Vigas
• Recessed garage
348 of 605
City of San Mateo
Glazenwood Historic District
1-12
920 Laurel Avenue 034274030 Contributor 1922
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 920 Laurel Avenue is a side-gable Spanish Colonial Revival residence. It is one-story, and features a slightly textured stucco exterior, and a red clay tile roof. The primary entry features a small front gable with decorative tiles arranged in an arch below.
The entry is slightly recessed and topped with a decorative cartouche and flanked by two twisted columns. The door is a solid wood door with carved decorative details.
The north side of the elevation has two punched openings with multilite windows, each with decorative shutters. The south side of the elevation includes another front gable with three multilite French doors, fronted by an iron balconet. The roofline includes a decorative vent above the windows. There is a wide stucco chimney on the south side of the building.
Character-defining features:
• Rectangular footprint
• Stucco exterior
• Red clay tile roof
• Small gable entry with arch
• Multilite windows
• Iron balconet
• Stucco chimney
• Recessed garage
349 of 605
City of San Mateo
Glazenwood Historic District
1-13
925 Laurel Avenue 034273190 Contributor 1922
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: Unknown
925 Laurel Avenue is a one-and-a-half story residence with Tudor Revival elements. It has a rectangular footprint and features a cross-gable roof and a smooth stucco exterior. The primary elevation’s projecting section includes a clipped gable. The roofline continues to an arched wing wall, with a curved edge above the main entry.
The main entry features an arched opening to a recessed porch. The primary elevation features a multilite French door with sidelites, fronted by an iron balconet.
The second story window, below the clipped eave is multilite and features shutters.
The one-story portion of the elevation includes tripartite multilite windows with wood shutters.
Character-defining features:
• Rectangular footprint
• Smooth stucco exterior
• Cross gable with clipped gable
• Arched wing wall entry
• Multilite windows
• Recessed garage
350 of 605
City of San Mateo
Glazenwood Historic District
1-14
926 Laurel Avenue 034274040 Contributor 1922
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 926 Laurel Avenue is a one-story Spanish Colonial Revival residence. It features varied roof forms with red clay tiles, a rectangular footprint, and a smooth stucco exterior. The primary elevation includes a recessed entry, accessed via a scalloped opening. The primary elevation features a central chimney with geometric stucco design details at the bases and top. The simple stucco design is repeated beneath windows on the primary elevation. Windows are paired casements with decorative wood frame detailing with finial tops. Windows visible on the building’s north elevation are simpler in design, and are tripartite multilite casements, topped with an arched stucco detail. The north and south elevations include wood roof beams (vigas), more typical of the Pueblo Revival style. The area south of the main entry includes a stucco garden wall with an arched opening/fence.
Character-defining features:
• Rectangular footprint
• Smooth stucco exterior
• Red clay tile roof
• Central chimney with stucco detailing
• Vigas
• Recessed garage
929 Laurel Avenue 034273180 Non-Contributor 1922
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 929 Laurel Avenue is a two-story house. It features a rectangular plan, front clippedgable roof, and a smooth stucco exterior. The residence has been altered with a substantial second-story addition. Original elements that have been retained include is entry porch with three multilite French doors, its triangular window at is entry porch wall, and its tripartite windows at its primary elevation. The recent addition has obscured the building’s original form and massing, and it is not a contributor to the district.
351 of 605
City of San Mateo
Glazenwood Historic District
1-15
932 Laurel Avenue 034274050 Contributor 1922
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: J.A. Bernhardt
932 Laurel Avenue is a one-story Spanish Colonial Revival-style residence. Located on a corner lot, its primary elevation fronts Laurel Avenue. It has a side gable roof with an intersecting front gable and a smooth stucco exterior. The main entry is accessed via an arched ogee shaped opening and has a red clay tile roof overhang with rectangular vent details below.
The front gable portion of the building includes tripartite multilite windows separated by turned spindle details and topped with a stepped, stucco arch detail. The roofline includes a trio of rectangular vent openings. The northern portion of the elevation repeats the same tripartite window configuration and details but does not include any decorative detailing above. The elevation continues to an integrated sidewall with an arched gate, presumably providing patio access. A short wall topped with red clay tiles connects the main house to the standalone garage, which features two, arched garage door openings, a pyramidal red tile roof, and a smooth stucco exterior. The building’s south end includes a steep gable chimney with a red clay tile roof and rectangular decorative vents.
Character-defining features:
• Rectangular footprint
• Smooth stucco exterior
• Red tile roof
• Arched ogee shaped entry opening
• Rectangular vent details
• Integrated wall attached to garage
• Multilite casement windows
352 of 605
City of San Mateo
Glazenwood Historic District
1-16
937 Laurel Avenue 034273170 Contributor 1923
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 937 Laurel Avenue is a one-story Spanish Colonial Revival-style residence. It has a Lshaped footprint, flat roof with red clay tiles, and smooth stucco exterior. The main entry has an arched opening to a small, recessed porch, topped with a red clay tile overhang. The entry porch walls have been painted with a faux, non-historic brick appearance. The building’s projecting elevation features three openings with stucco arch details above. Windows are non-historic replacements and the stucco details have been recently scored to appear stonelike. The area north of the main entry has a tripartite window, also with a non-historic replacement window, topped with a red clay tile overhang. The building’s north elevation features an addition with a shed roof. The front patio is enclosed in a non-historic stucco wall and includes a nonhistoric pergola structure. Though the house has received several non-historic alterations, it retains its overall form and massing and continues to convey its Spanish Colonial Revival architecture.
Character-defining features:
• L-shaped footprint
• Flat roof
• Smooth stucco exterior
• Red tile roof
• Entry patio
353 of 605
City of San Mateo
Glazenwood Historic District
1-17
941 Laurel Avenue 034273160 Contributor 1921
Architect: S.A. Born Building
Company
Builder: S.A. Born
Building Company
Original Owner: William Rapp
941 Laurel Avenue is a one-story Spanish Colonial Revival-style residence. It features a varied gable roof, a rectangular footprint, and a smooth stucco exterior. The primary elevation includes a projecting front a gable that continues to a shed roof entry. The entry has a tulip edge arch opening to a small porch. The front gable portion of the elevation features three arched multilite focal windows separated by engaged columns. Windows are topped with a decorative woven vent detail.
The area south of the entry includes a stucco garden wall with openings with decorative turned wood in the openings. The garden wall continues to a wing wall over the driveway. Like the roof, it has red clay tiles. A cross gable portion of the house is visible behind the main entry and features a multilite door with sidelites. It is fronted by an iron balconet.
Character-defining features:
• Rectangular footprint
• Varied gable roof with red tile roof
• Arched window openings with decorative columns
• Arched opening with small entry porch
• Front garden wall to wing wall
• Multilite windows
• Recessed garage
354 of 605
City of San Mateo
Glazenwood Historic District
1-18
947-949 Laurel Avenue 034273150 Contributor 1923
Architect: George A. Born Builder: S.A. Born
Building Company
Original Owner: S.A. Born Building Company
947-949 Laurel Avenue is a one-story Spanish Colonial Revival-style duplex. The building features a flat roof with red clay tiles, a rectangular plan, and a smooth stucco exterior. The entry for 949 Laurel Avenue faces the street, while the entry for 947 Laurel Avenue is on the building’s north elevation, adjacent to the driveway.
The primary elevation features a front gable that rises above the roofline. It has an arched opening to a small porch that includes the entrance for 949 Laurel Avenue.
The walls on each side of the arch openings have long rectangular stucco detailing.
The area below the tile roofline includes a decorative tile vent. The area south of the entry has a single, non-historic vinyl simulated multilite window. Scars in the stucco suggest the window opening once had arch detailing, since removed.
The area north of the arched opening includes a bay window topped with a clay tile roof and circular vent details below. The elevation continues to a window with the same characteristics and configuration at the other opening described on this elevation. The area beneath the roofline also includes wood roof beams (vigas), which are more typical of the Pueblo Revival style. Vigas above the primary elevation are more elaborate than others.
The entry for 947 Laurel Avenue is on the north elevation. It is recessed in an arched opening with a Mission-style design and a flat parapet detail above. It also includes the same decorative vent detail described on the primary elevation. There is a bay window west of the entry with a smooth stucco roof and curved support.
Character-defining features:
• Smooth stucco exterior with vigas
• Stucco detailing
• Flat roof with red clay tiles and decorative vents
• Bay windows with red clay tiles
• Arched entry openings
355 of 605
City of San Mateo
Glazenwood Historic District
1-19
952 Laurel Avenue 034276020 Contributor 1923
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 952 Laurel Avenue is a one-story residence. Designed in the Spanish Colonial Revival with Mediterranean Revival elements, it has a flat roof with red clay tiles, an irregular footprint, and a smooth stucco exterior. The primary elevation is encompassed by a large, barrel front bay window that has five paired multilite casement windows. Each bay has a stucco arch detail above the window openings and a turned spindle detail and bracket below. The barrel bay extends above the roofline at alternating intervals, creating a battlement. The alternating spaces have red roof tile roof overhangs. The barrel bay is flanked by flat sections, each with inset rectangular stucco detailing and turned wood vent openings with sills above.
The roofline continues to a shed roof at the north side. An arched opening leads to a small porch and the main entry. The south side of the primary elevation includes a chimney. The garage is attached, recessed from the main elevation and has a small rectangular window opening above, with a stucco arch detail. The primary elevation above the garage and the south elevation include wood roof beams (vigas), which are more typical of the Pueblo Revival style.
Character-defining features:
• Irregular footprint
• Smooth stucco exterior with stucco detailing
• Flat roof with red clay tiles and decorative vent details • Barrel front bay window
• Spindle details
• Arched entry opening
• Multilite windows
• Recessed garage
356 of 605
City of San Mateo
Glazenwood Historic District
1-20
953 Laurel Avenue 034273140 Contributor 1923
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company
953 Laurel Avenue is a Spanish Colonial Revival-style house with a varied roof with red clay tiles and a smooth stucco exterior. The primary elevation features a frontgable with a short projecting gable with decorative curved edges and a tripartite picture window. There are Spanish style tiles inlaid above the window.
The main entry is accessed via a short staircase with decorative ceramic tiles facing the steps and curved stucco cheek walls. The entry is an arched wood plank door with decorative tile along the arched opening. Decorative tile is also inlaid above the opening in a rectangular and triangular motif. The roofline above the entry is flat, and extends above the front gable.
The building’s south elevation has small openings flanking a decorative chimney with a geometric stucco inset design. The openings are topped with a decorative stucco ogee design. The elevation features a bay window, with stucco arch details above each opening. The garage faces the street and has a paired window above, also with an arch stucco detail above. Windows appear to be appropriate replacements.
Character-defining features:
• Varied roof forms
• Smooth stucco exterior
• Projecting gable window
• Decorative tiles
• Multilite windows
• Recessed garage
357 of 605
City of San Mateo
Glazenwood Historic District
1-21
958 Laurel Avenue 034276030 Contributor 1923
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company
958 Laurel Avenue is a one-story Spanish Colonial Revival-style residence. It has a flat roof with red clay tiles, rectangular plan, and smooth stucco exterior. The primary elevation features a three-bay window with stucco arch details above. The main entry is within a small pyramidal red tile roof tower with a woven vent detail below and a curved wall detail that continues to grade. The entry is accessed via a short stair with decorative tile steps. The entry door is an arched wood plank door. There is a chimney at the building’s south end and an attached garage.
The building’s north elevation features a short tower with a bay window with the same arch details described on the primary elevation. The remainder of the elevation is a flat roof portion of the building, with red clay tiles and regular window openings with stucco arch details.
The position of the entry door has been moved to the former porch opening. Current entry stairs are non-original. Windows are all modern replacements.
Character-defining features:
• Flat roof with red clay tiles
• Smooth stucco exterior with arch details
• Three-bay window at primary elevation
• Arched entry
• Pyramidal tower with woven vent detail
• Recessed garage
358 of 605
City of San Mateo
Glazenwood Historic District
1-22
961 Laurel Avenue 034273130 Non- Contributor 1949
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 961 Laurel Avneue was constructed in 1949, several years after Glazenwood was subdivided. It is a Ranch style house with a cross-gable roof, rectangular plan, and smooth stucco exterior.
962 Laurel Avenue 034276040 Contributor 1923
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company
962 Laurel Avenue is a Spanish Colonial Revival-style residence. It has a flat roof with red clay tiles and a smooth stucco exterior. The primary elevation features a bay window with a red roof tile and arch stucco details above each opening. Windows have multilite transoms with single panes below. The main entry is accessed via an arched opening that leads to a small porch. The primary elevation features inlaid terra cotta tiles and a distinctive parapet with stucco coping details, more typical of the Mission Revival style. The garage is attached and recessed from the main portion of the building. There are a pair of rectangular windows above the garage.
According to available documentation, this building appears to have undergone an extensive rehabilitation to return it to its original Spanish Colonial design from a previous Streamline Moderne design.
Character-defining features:
• Flat roof with red clay tiles
• Bay window
• Multilite windows
• Arched opening entry
• Inlaid terra cotta tiles
• Distinctive parapet with stucco coping details
• Recessed garage
359 of 605
City of San Mateo
Glazenwood Historic District
1-23
970 Laurel Avenue 034276050 Contributor 1923
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company
970 Laurel Avenue is a Spanish Colonial Revival-style residence. It has a varied roof form with red tiles and a smooth stucco exterior. The primary elevation includes a front gable with a bay window with a shallow red tile roof. Windows are multilite casements. The central window has a paired configuration. Each opening is topped with a rectangular stucco detail. The area above the shallow roof includes a decorative wood quatrefoil.
The primary entry is topped with a shed roof that extends from the main portion of the house. The main entry has a heavy bracketed, deep stucco arch detail and a decorative wood panel arched door. The south elevation has a mix of casement windows, all with the same geometric stucco detail above. The garage is attached and recessed from the primary elevation. It is topped with a paired casement window. The roofline includes two alternating portions that rise above the roofline, creating battlements that flank the red tile roof in between.
Character-defining features:
• Varied roof form with red clay tiles
• Smooth stucco exterior with detailing
• Bay window
• Arched entry with heavy bracket arch detail
• Multilite windows
• Recessed garage
360 of 605
City of San Mateo
Glazenwood Historic District
1-24
976 Laurel Avenue 034276060 Contributor 1924
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: R.W. Kern
976 Laurel Avenue is a two-story Tudor Revival residence, with a flat dormer addition at its second floor. Located on a corner lot, its primary (east) elevation fronts Laurel Avenue. It has a rectangular plan, steep side gable roof, and smooth stucco exterior.
The primary elevation includes two one-story bay turrets. The southern bay has three windows, while the northern bay has five, each with multilite windows. The main entry is slightly offset and is simple in design with a slight eyebrow detail above the opening, which features a smooth stucco surround.
There are tripartite multipane windows south of the main entry. The window is topped at its second story with a four-sided flat bay window that appears to be a later addition. The building has chimneys on each end, both with brick detail at the top. The south elevation has a slight projecting bay with small, rectangular windows on each side. The first floor has two, small rectangular windows and four multilite windows below the gable edge. The north elevation has two large rectangular windows flanking a tapered chimney, each with a stucco arch detail above.
Character-defining features:
• Steep gable roof
• Smooth stucco exterior
• Bay turrets
• Multilite windows
• Smooth stucco surround at entry
• Chimneys at each end
361 of 605
City of San Mateo
Glazenwood Historic District
1-25
910 Rosewood Drive 034273030 Contributor 1936
Architect: Unknown Builder: Prosper Bore Original Owner: Arthur Bone 910 Rosewood Drive is a Spanish Colonial Revival-style residence with Mission Revival elements. It features a rectangular footprint, varied roof forms with red clay tiles, and a tooled stucco exterior. The primary elevation features a front gable, projecting bay with a flared end with a curved detail at its north end. It has a central, 15-pane window, with a trio of round vent details above. The gable continues to a shed roof above the main entry, which is accessed via a short staircase with decorative tile steps. The entry door is solid wood plank. The main entry’s shed roof is supported on its south end by heavy timber posts with a decorative iron gate.
The roof above the shed roof entry is flat with a curve detail and continues to a shallow red tile roof above the second story. This portion of the elevation includes a ground floor single garage with a wood plank door and a 12-pane window with an iron balconet. The southern edge of the house includes a curved detail that continues to a wing wall with two arched opening, including one with an iron gate reading “Las Campanas” that leads to the yard.
Character-defining features:
• Varied roof forms with red clay tiles
• Tooled stucco exterior
• Window vents
• Heavy timber post/iron gate at entry
• Iron balconet
• Wing wall with arched openings
362 of 605
City of San Mateo
Glazenwood Historic District
1-26
914 Rosewood Drive 034273040 Contributor 1929
Architect: Unidentified Builder: W.J. Price Original Owner: W.J. Price 914 Rosewood Drive is a one-story residence. Constructed in the Tudor Revival style, it features a generally rectangular plan, gable roof, and smooth stucco exterior. The primary elevation is characterized by two steeply pitched gable roofs, each with clipped ends. The north gable is smaller, and features a pair of leaded glass windows with a leaded glass transom, inset with a stained-glass coat of arms detail.
The area above the window includes a slatted vent. The south gable is double volume, extends to an overhang to the south end, and has a large central tripartite window with a central pane with leaded glass casements. Similar to the north gable, the transom is leaded glass and inset with a stained-glass coat of arms detail. The window is topped with a course of decorative cast stone that continues for a short distance aside the window.
The main entry is recessed between the two gables. The main entry opening is arched and has a perimeter of cast stone decorative work, including turned columns on each side and a flourished arch above. The entry door is wood plank and has two multilite sidelites. There is a chimney at the building’s south elevation with brick detailing on its sloping edges. The building’s north and south elevations, as visible from the right-of-way show that the varied roof form includes clipped gables on those elevations as well.
Character-defining features:
• Gable roof with clipped ends
• Smooth stucco exterior
• Arched entry opening
• Slatted vent details
• Leaded glass windows with stained glass details
• Turned column flourishes
• Cast stone decorative work
363 of 605
City of San Mateo
Glazenwood Historic District
1-27
930 Rosewood Drive 034273050 Contributor 1928
Architect: Unidentified Builder: W.J. Price Original Owner: Uknown 930 Rosewood Drive is a one-story Spanish Colonial Revival-style residence. It has a rectangular plan, flat roof, and smooth stucco exterior. The primary elevation’s main entry is beneath a curved arch opening flanked by Ionic columns. The area above the main entry has a sloped shallow roof with red clay tiles. The entry is accessed via a short side stair with terra cotta steps and fronted by a curved, smooth stucco cheek wall. The remainder of the elevation is more typical of a Mediterranean Revival design and is characterized by a five-bay barrel window. Windows are casement and arched with multilites. The windows have a simple cast sill and surround. Above each window is a square stucco square with bas relief scroll details. The roofline includes a curved detail at the center above the bay.
Character-defining features:
• Flat roof with red clay tiles
• Smooth stucco exterior with stucco detailing
• Arched bay window
• Curved stucco wall at stair
• Curved arched opening
• Recessed garage
364 of 605
City of San Mateo
Glazenwood Historic District
1-28
932 Rosewood Drive 034273060 Non- Contributor 1949
Architect: Unidentified Builder: Unknown Original Owner: Unknown 932 Rosewood Drive was constructed in 1949, many years after Glazenwood was subdivided. It is a split-level Ranch-style house with a one-story entry portion and a two-story portion behind.
365 of 605
City of San Mateo
Glazenwood Historic District
1-29
934 Rosewood 034273070 Contributor 1923
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: Unknown
934 Rosewood Drive is a one-story residence. Designed in the Spanish Colonial Revival with Mediterranean Revival elements, it has a varied roof form with red clay tiles, an irregular footprint, and a smooth stucco exterior. The primary elevation is encompassed by a large, barrel front bay window that has five paired multilite casement windows and is topped by a shallow red clay tile roof. Each bay has a turned spindle detail below with star vent details beneath. The barrel bay extends above the roofline at alternating intervals, creating a battlement. The alternating spaces have red roof tile roof overhangs. The barrel bay is flanked by flat sections, each with inset rectangular stucco detailing.
The primary entry is recessed, accessed via a short terra cotta tile stair with decorative ceramic tiles inset. The roofline above the primary entry is a small, peaked gable. The small entry porch includes one multilite window along its north side. The house includes an attached, one-bay garage recessed at the end of the driveway. It includes a slightly projecting bay at the second story. The projecting bay includes two six-over-one windows, topped by a rectangular stucco detail and beneath a shallow roof overhang.
Character-defining features:
• Flat roof with red clay tiles
• Smooth stucco exterior with stucco detailing
• Arched bay window
• Multilite windows
• Spindle work details
• Curved arched opening
• Recessed garage
366 of 605
City of San Mateo
Glazenwood Historic District
1-30
940 Rosewood Drive 034273080 Contributor 1924
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: H.O. Jenkins
940 Rosewood Drive is a one-story Spanish Colonial Revival-style building with Mission Revival elements. It has a rectangular footprint, flat roof, and smooth stucco exterior. The primary elevation has a central chimney. The area south of the chimney has a gable parapet that rises above the flat roof and has red clay tile coping. This portion of the elevation has a tripartite, multipane casement window with a stucco arch detail above. The area above the arch includes decorative tiles inset in the stucco. The area north of the chimney includes a single opening, with a modern nonhistoric replacement window. The house’s entry is at the north end of the building, accessed via short terra cotta steps. The entry is within a shed roof portion of the building, which extends for its north elevation.
Character-defining features:
• Flat roof with red clay tiles
• Smooth stucco exterior with stucco details
• Central chimney
• Multilite windows
• Recessed garage
367 of 605
City of San Mateo
Glazenwood Historic District
1-31
960 Rosewood 034273090 Contributor 1924
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: H.O. Jenkins
960 Rosewood drive is a one-story, flat roof residence. Designed in the Spanish Colonial Revival style, it includes a rectangular footprint and a smooth stucco exterior and a flat roof with red clay tile coping. The primary elevation is three planes. The furthest projecting bay includes tripartite windows topped with a shed roof with red clay tiles and supported by heavy timber brackets with a wood fascia.
The central bay houses the main entry, accessed via a short stair with curved stucco cheek walls. The entry has a shallow shed roof with red clay tiles. The door is wood with four lites and decorative carved panels. It opens to a small vestibule and has a small, arched window on its north elevation. The final bay includes a single window opening, topped with a curved stucco inset detail. The window is a non-historic replacement. There are small, square vents above each window.
Character-defining features:
• Flat roof with red tile coping
• Smooth stucco exterior with stucco detailing
• Multilite windows
• Curved cheek walls at entry stairs
• Shed roof with heavy brackets and red clay tiles
• Vents
368 of 605
City of San Mateo
Glazenwood Historic District
1-32
964 Rosewood 034273100 Contributor 1925
Architect: Unidentified Builder: Unidentified Original Owner: Unknown 964 Rosewood Drive is a one-story Spanish Colonial Revival-style house with a flat roof. It has a rectangular footprint and smooth stucco exterior. The primary elevation is characterized by a central chimney, which features a flared base inset with an arched curved stucco detail. It has a decorative top with a square vent and red clay tile top and is inset with ceramic tile details. It is flanked by two punched window openings, each with a 10-over-one double-hung window. Each window has two circular vents above.
The primary entry is to the south, is slightly recessed, and is accessed via a short staircase with a smooth curved stucco wall. The area north of the primary entry includes a third 10-over-one window. The entry door is a multilite wood door with a circular detail at the top, center pane.
Character-defining features:
• Flat roof
• Smooth stucco exterior with stucco details
• Decorative tile details
• Central chimney with red tile top
• Multilite windows
• Vents
• Recessed garage
369 of 605
City of San Mateo
Glazenwood Historic District
1-33
966 Rosewood Drive 034273110 Contributor 1923
Architect: S.A. Born
Building Company
Builder: S.A. Born Building
Company
Original Owner: S.A. Born Building Company
966 Rosewood Drive is a Spanish Colonial Revival-style residence. It has a flat roof, rectangular footprint, and smooth stucco exterior. The primary elevation is three planes. The farthest projecting plane has a shallow overhang roof with red clay tiles with an extending parapet at the south end and a chimney top at the north end. The chimney features a decorative top with a stepped design. At its center, is a paired multilite casement window with sidelites on each end. It is topped with a very shallow red clay tile overhang and fronted by a wood spindle balconet, supported by heavy brackets. The basement level includes two small rectangular windows with wood sills.
The primary entry is slightly recessed and below a sloping shed roof that continues from the adjacent bay. It is accessed via an angled stairway with stucco walls topped with a decorative wood spindle handrail. The entry door is arched and has a central quatrefoil window and vertical spindle details. The door is topped with a decorative ceramic tile.
The primary elevation’s third bay is recessed and contains a single garage door with tripartite windows above. Windows are one-over-one and have a continuous sill.
There are two decorative ceramic tiles above the windows, at each corner. The roofline above the garage repeats the same general configuration as the projecting bay and has a shallow red clay tile overhang between two rising ends.
Character-defining features:
• Flat roof
• Red clay tiles
• Smooth stucco exterior
• Arched opening at entry
• Decorative tile details
• Chimney with decorative top
• Multilite windows
• Recessed garage
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City of San Mateo
Glazenwood Historic District
1-34
980 Rosewood Drive 034273120 Contributor 1925
Architect: Unidentified Builder: Miester C. Maack Original Owner: Miester C. Maack 980 Rosewood Drive is a one- and-a half story residence. Designed in the Spanish Colonial Revival style, it features a side gable roof with two projecting front gables at each end, all with red clay tile roofs. The central portion features three, paired multilite arched windows. The arched windows front a front patio, finished with terra cotta tiles.
The west gable projects slightly more than the east gable and contains the primary entry, which is accessed via a short stair with decorative tiles to the front patio. The entry opening is arched with a simple cast surround, and the entry door is slightly recessed. The gable front includes a trio of multilite windows with an iron balconet.
The roofline includes a narrow louver vent and the area adjacent to the entry includes a small rectangular opening with turned spindle details.
The east gable is simpler, projects less and has a single centered window opening, with paired six-over-one windows and a single sill. The roofline features the same louvered vent detail as described on the west gable.
The rear of the house is two stories with a flat roof, and visible from the adjacent driveway. All secondary elevations appear to have six-over-one windows.
Character-defining features:
• Side gable roof
• Two projecting gables
• Red clay tiles
• Smooth stucco exterior
• Arched openings at entry patio
• Cast details
• Iron balconets
• Multilite windows
• Recessed garage
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City of San Mateo
Glazenwood Historic District
1-35
Gateposts ca. 1921
The entry points to the Glazenwood subdivision are marked by square, stucco towers with tiled gable roofs. The entry gates feature pairs – one tall tower and one short tower. The towers are decorated with elaborately turned posts set four in a row on each of the four sides. Above these tall posts are false arches inset with wooden turned posts which mimic grill work. The corners have molded rope-like corners which extend approximately two-thirds of the height of the towers. Next to the taller towers are shorter stucco square posts, also with gable, tile roofs. They have a simple arch decorated with two, turned wooden posts. These entry posts are at Ninth and Rosewood, Ninth and Laurel, and Hayward and Palm.
Character-defining features:
• Stucco exterior
• Paired placement
• Elaborately turned posts
• Brick plinth
• Arched details with wooden turn posts
• Gable tops with red roof tiles
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City of San Mateo
Glazenwood Historic District
1-36
Lampposts ca. 1921
The Glazenwood Historic District includes four original lampposts. They have a fluted aggregate concrete post with an octagonal base. The post tapers slightly at top with a decorative lamp base and rounded globes with a finial top. Historic plans indicate 10 were originally planned for the development. Lampposts are located on the west side of Rosewood Drive; at the intersection of Rosewood Drive and Laurel Avenue; the intersection of Laurel and Hayward Avenues; and the west side of Laurel Avenue.
Character-defining features:
• Fluted aggregate concrete post
• Octagonal base
• Decorative lamp base and rounded globes with finial tops 373 of 605
®
City of San Mateo
Proposed Glazenwood
Historic District
Prepared by
Planning Division
9TH AVE
10TH AVE
LAUREL AVE
HAYWARD AVE
PALM AVE
S B ST
ROSEWOOD DR
901 910
911 914
915 930
900 932
925
914 934
901 929
940
920
937
915 913
960
926
941 964
919
932
966
947
925
953 980
105
961
110
952
104
958
962 976
970
Glazenwood Historic
District Boundary
Historic Ranking
Non-contributor
Contributor
Streets
Hayward Ave.
Laurel Ave.
Rosewood Dr.
Palm Ave.
0 50 100 200
US Feet
Default Folder: Q:\CDD\Planning\GIS\MAPPING PROJECTS\Glazenwood\Glazenwood Proposed Historic District Map 374 of 605
1 From: Chris Eckert
Sent: Friday, January 30, 2026 11:51 AM
To: City Council (San Mateo) <[email protected]>; Alex Khojikian <[email protected]>; Zachary Dahl <[email protected]>
Cc: Adam Loraine <[email protected]>; Nicole Fernandez <[email protected]>; Lisa Diaz Nash <[email protected]>; Rob Newsom <[email protected]>; Danielle Cwirko-Godycki <[email protected]>; Clerk <[email protected]>; Doug D'Anna Subject: Clarification of Glazenwood Historic District Boundaries and Addresses Mayor, Council and Staff,
In several meetings and conversations recently, there was a question as to the boundaries and number of homes located within the Glazenwood Historic District.
Please reference the attached January 1995 Administrative Report pages 19 and 20 which shows 35 contributors and 2 non-contributors within the district, along with their addresses.
Thank You for considering this.
Chris
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P.O. Box 146 San Mateo, CA 94402
www.smheritage.org
RATIONALE FOR USING THE 1989 HISTORIC BUILDING INVENTORY
SUMMARY
The Draft Historic Preservation Ordinance should include the historic properties identified 1989 Historic Building Survey Report in the City's official Historic Resources Inventory. The 1989 survey— conducted professionally with California Office of Historic Preservation guidance and approval— identified ~200 historic buildings and contributors to 2 historic districts (e.g., Downtown and Glazenwood). About 37 properties were identified as eligible for the National Register of Historic Places (NRHP), with more potentially eligible with more research. The 1989 report has served as the de facto inventory for decades, informing CEQA reviews, project evaluations, and General Plan policies.
New Housing Laws Threaten Unlisted Resources
Recent housing laws, such as AB 130 (2025) and SB 79 (2025, effective July 1, 2026), have streamlined approvals for qualifying infill housing projects by exempting them from full review under the California Environmental Quality Act (CEQA)—the primary mechanism that would otherwise require the city to identify and evaluate potential impacts on historic resources.
Unlisted resources face higher risk because:
California's historic preservation relies heavily on CEQA to catch "eligible" (but unlisted) resources via surveys/evaluations.
Without a robust city inventory (e.g., without the historic resources identified in the 1989 survey), potentially significant buildings are not flagged early and may not be protected. Streamlining housing permitting prioritizes speed and production; if a resource is not on a register/inventory pre-application, the resource may not be appropriately addressed. Result: Increased vulnerability to loss before the resources can be formally re-evaluated and nominated for inclusion in the inventory.
Maintaining and updating a robust local inventory through San Mateo's draft ordinance) is key to preserving protections amid these changes.
Key Reasons to Include the Historic Resources Identified in the 1989 Survey in the San Mateo Historic Resources Inventory
The Memorandum of Agreement between the 1988 Office of Historic Preservation and the City of San Mateo (adopted by resolution) requires the results be used as the city inventory. The MOA states:
3. ·The City of San Mateo plans to undertake a survey of historic resources within the area of the city designated on the attached map in order to compile an ·inventory of such resources. [emphasis added].
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3.7.26 2
2. The City shall:
f. compile and [sic] inventory of historic resources that are of importance to the community;
The 1989 Historic Building Survey Final Report has long been identified in General Plans and other documents as providing a record of San Mateo’s historic resources. The 1989 report provides an immediate, vetted baseline of eligible resources (National Register of Historic Places/California Register of Historic Resources -- NRHP/CRHR-level), enabling consistent designation, review, and protection under the updated ordinance. Aligns with the Rincon Consultants May 2025 report, which recommends updating the ordinance for better framework, designation procedures, and alignment with state/federal standards—while recognizing the 1989 survey's ongoing role. Supports efficiency: Streamlines permitting, access to incentives (e.g., Mills Act), and public awareness without starting from zero.
Flaws in Excluding these Resources
Leaves known significant buildings unprotected, risking further losses (some post-1989 demolitions already occurred).
Inconsistent with General Plans; the 2040 General Plan states: “This history is represented in the almost 200 historic resources and two historic districts as identified in the 1989 Historic Building Survey. Approximately 37 of these structures are individually eligible for the National Register of Historic Places.” (General Plan 2040).
Inconsistent with the 2040 General Plan Policy CD 5.3:
“CD 5.3Historic Resources Definition. Define historic resources as buildings, structures, sites, and districts that are listed in or determined to be eligible for listing in the National Register of Historic Places and/or California Register of Historical Resources, designated resources in the 1989 Historic Building Survey Report, and resources found to be eligible through documentation in a historic resources report.“
Creates regulatory gaps and inconsistencies with existing practices, CEQA obligations, and new housing laws.
Why Using the 1989 Survey Data is Appropriate
Historical significance endures: The survey's methodology remains valid as a baseline per state OHP guidelines and common practice in California cities. Better than no inventory: Delaying for a full resurvey (costly, potentially $60,000+) risks irreversible harm and stalls ordinance implementation.
Saves Time and Money: The draft ordinance can include flexible mechanisms—e.g., nomination processes, project-triggered updates, or periodic reviews—to refine it incrementally as funds allow, without invalidating the core data.
Designating the 1989 survey as the inventory is pragmatic, legally sound, and fiscally responsible— honoring San Mateo's heritage while advancing the ordinance's goals. 397 of 605
3.7.26 3
DETAILED DISCUSSION
Argument for Including the Historic Resources Identified in the 1989 Historic Building Survey Results as the San Mateo Historic Resources Inventory The Draft Historic Preservation Ordinance for the City of San Mateo represents a critical opportunity to strengthen the protection of the city's cultural heritage by formally designating the historic resources identified in the 1989 Historic Building Survey Final Report as the foundational Historic Resources Inventory. This survey, adopted as part of the city's General Plan update, identified approximately 200 significant buildings and structures, including contributors to two historic districts (such as the Downtown Historic District). In addition, about 37 properties were identified as eligible or potentially eligible for the National Register of Historic Places (NRHP). By explicitly incorporating these properties into the ordinance as the initial inventory, the city can ensure continuity with established preservation policies, provide immediate safeguards for known resources, and create a practical framework for future updates—all while addressing budget constraints. Below, is an of outline the rationale for this inclusion, highlights of the flaws in excluding these identified resources, and an explanation why relying on this older data is not only acceptable but prudent when funding for comprehensive updates is unavailable.