HomeMy WebLinkAboutAgenda Packet - CC - 2023.06.20•
City of Burlingame BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME
F,
BURLINGAME, CA 94010
Meeting Agenda - Final
City Council
Tuesday, June 20, 2023
7:00 PM Council Chambers/Zoom
Consistent with Government Code Section 54953, this City Council Meeting will be held via
Zoom in addition to in person.
To maximize public safety while still maintaining transparency and public access, members of
the public can observe the meeting from home or attend the meeting in person. Below is
information on how the public may observe and participate in the meeting.
To Attend the Meeting in Person:
Location: 501 Primrose Road, Burlingame, California 94010
To Observe the Meeting via Zoom:
To access the meeting by computer.
Go to www.zoom.us/join
Meeting ID: 849 0364 9322
Passcode:138293
To access the meeting by phone:
Dial 1-669-900-6833
Meeting ID: 849 0364 9322
Passcode: 138293
To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a "Request to Speak" card
located on the table by the door and then hand it to staff. The provision of a name, address, or
other identifying information is optional. Speakers are limited to three minutes each, however,
the Mayor may adjust the time limit in light of the number of anticipate speakers.
To Provide Public Comment via Zoom:
During the meeting, public comment may be made by members of the public joining the
meeting via Zoom. Zoom access information is provided above. Use the "Raise Hand" feature
(for those joining by phone, press "9" to "Raise Hand) during the public comment period for
the agenda item you wish to address. The Zoom Host will call on people to speak by name
provided or the last four digits of the phone number for dial -in attendees. Speakers are limited
to three minutes each, however, the Mayor may adjust the time limit in light of the number of
anticipated speakers.
City of Burlingame Page 1 Printed on 611512023
City Council Meeting Agenda - Final June 20, 2023
To Provide Public Comment via Email:
Members of the public may provide written comments by email to
publiccomment@burlingame.org. Emailed comments should include the specific agenda item
on which you are commenting. Note that your comment concerns an item that is not on the
agenda. The length of the comment should be commensurate with the three minutes
customarily allowed for verbal comments which is approximately 250 to 300 words. To ensure
that your comment is received and read to the City Council for the appropriate agenda item,
please submit your email no later than 5:00 p.m. on Monday, June 5, 2023. The City will make
every effort to read emails received after that time but cannot guarantee such emails will be
read into the record. Any emails received after the 5:00 p.m. deadline which are not read into
the record will be provided to the City Council after the meeting.
1. CALL TO ORDER - 7:00 p.m. - Council Chambers/Online
To access the meeting by computer:
Go to www.zoom.us/join
Meeting ID: 849 0364 9322
Passcode:138293
To access the meeting via phone:
Dial 1-669-900-6833
Meeting ID: 849 0364 9322
Passcode:138293
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REQUEST FOR AB 2449 REMOTE PARTICIPATION
Announcements/consideration and approval of requests by Councilmembers to participate remotely
pursuant to AB 2449 (Government Code Section 54943(f))
5. REPORT OUT FROM CLOSED SESSION
6. UPCOMING EVENTS
7. DISCLOSURE OF SB 1439 CONFLICTS (Government Code Section 84308)
8. PRESENTATIONS
a. Proclamation Recognizing Juneteenth
b. Presentation on Bay Delta Plan from Peter Drekmeir of the Tuolumne River Trust
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City Council Meeting Agenda - Final June 20, 2023
9. PUBLIC COMMENTS, NON -AGENDA
Members of the public may speak about any item not on the agenda. Members of the public wishing to
suggest an item for a future Council agenda may do so during this public comment period. The Ralph M.
Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter
that is not on the agenda.
10. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usually approved in a single motion, unless pulled for separate discussion.
Any member of the public wishing to comment on an item listed here may do so by submitting a speaker
slip for that item in advance of the Council's consideration of the consent calendar.
a. Approval of City Council Meeting Minutes for the June 5, 2023 Closed Session
Attachments: Meeting Minutes
b. Approval of City Council Meeting Minutes for the City Council Study Session on June 5,
2023
Attachments: Meeting Minutes
C. Approval of the Citv Council Meetina Minutes for the June 5. 2023 Reaular Citv Council
Meeting
Attachments: Meeting Minutes
d. Adoption of Resolutions Awarding a $3,092,560 Construction Contract to Cratus Inc. for
the Burlingame Park Subdivision Water Main Replacement Protect, City Protect No.
84892, Water Service Replacement Program, City Project No. 86300 and Approving a
$362,535 Professional Services Agreement with Coastland I DCCM for Construction
Management Services Related to the Projects
Attachments: Staff Report
Resolution Awarding Construction Contract
Resolution Approving Professional Services Agreement
Bid Summary
Construction Contract
Professional Services Agreement
Protect Location Map
e. Adoption of a Resolution to Apply for the California Energy Commission (CEC) Energy
Efficiency Conservation Assistance Act (ECAA) One Percent Interest (1.0%) Loan
Program for the Solar Installation Project at Various Facilities, and Authorizing the City
Manager to Execute the Application; CEQA Determination: Exempt Pursuant to State
CEQA Guidelines Sections 15301, 15378
Attachments: Staff Report
Resolution
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City Council Meeting Agenda - Final June 20, 2023
f. Adoption of a Resolution Approving a Professional Services Agreement with SCS
Engineers for Engineering and Regulatory Compliance Services Related to the Closed
Burlingame Landfill in the Amount of $205,600 and Authorizing the City Manager to
Execute the Agreement
Attachments: Staff Report
Resolution
Professional Services Agreement
Site Map
g. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an
Extension of the Operations and Maintenance Agreement with Veolia Water West
Operating Services Inc. in an Amount Not to Exceed $800,000 for the City of Burlingame
Wastewater Treatment Plant Throuah Auaust 31. 2023
Attachments: Staff Report
Resolution
2018 Agreement
Agreement Extension
11. PUBLIC HEARINGS (Public Comment)
a. Public Hearing and Introduction of an Ordinance to Establish the San Francisco Peninsula
Tourism Marketing District
Attachments: Staff Report
Ordinance
Management District Plan
Resolution of Intention
Resolution Requesting Consent
12. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
a. Consideration of HOPE Community Advisory Committee Report
Attachments: Staff Report
HOPE CAC Report
FAQ
Joint CC -PC Presentation Slides
City Council Meeting Minutes Excerpt — July 1, 2019
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City Council Meeting Agenda - Final June 20, 2023
b. Discussion of Executing a New Five -Year Automated License Plate Reader (ALPR)
Agreement with Flock Group, Inc.
Attachments: Staff Report
Agreement with Flock Group Inc.
ALPR Statistics Report
13. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
14. FUTURE AGENDA ITEMS
15. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic Safety & Parking
Commission, Beautification Commission, Parks & Recreation Commission, and the Library Board of
Trustees are available online at www.burlingame.org.
16. ADJOURNMENT
Notice: Any attendees who require assistance, a disability related modification, or language assistance
in order to participate in the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00
a.m. on Monday, June 5, 2023 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any
individual who wishes to request an alternate format for the agenda, meeting notice, or other writings
that are distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m.
on Tuesday, June 20, 2023 at (650) 558-7203 or at mhasselshearer@burlingame.org. Notification in
advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility
to the meeting, the materials related to it, and your ability to comment.
NEXT CITY COUNCIL MEETING
Regular City Council Meeting on Wednesday, July 5, 2023 at 7:00 p.m.
VIEW REGULAR COUNCIL MEETING ONLINE
www.burlingame.org/video
Any writings or documents provided to a majority of the City Council regarding any item on this agenda
will be made available for public inspection via www.burlingame.org or by emailing City Clerk Meaghan
Hassel -Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the
City's website or through email, contact the City Clerk at (650) 558-7203.
City of Burlingame Page 5 Printed on 611512023
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BURLINGAME CITY COUNCIL
Unapproved Minutes
Closed Session on June 5, 2023
1. CALL TO ORDER
Agenda Item: 10a
Meeting Date: June 20, 2023
A duly noticed meeting of the Burlingame City Council was held on the above date in Conference Room A at
5:04 p.m.
2. ROLL CALL
MEMBERS PRESENT: Beach*, Brownrigg, Colson, Ortiz**, Stevenson
MEMBERS ABSENT:
3. REQUEST FOR AB 2449 REMOTE PARTICIPATION
There was no request.
4. DISCLOSURE OF SB 1439 CONFLICTS
When Councilmember Beach arrived for item 6b she stated that she was unaware of any contributions she
received that were in conflict and therefore needed to be disclosed. She noted that if any member of the
public was aware of a conflict they should write the City Clerk.
4. PUBLIC COMMENTS
There was no public comment.
5. REPORT OUT FROM CLOSED SESSION
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54956.8
PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY, BURLINGAME, CALIFORNIA
AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA
NEGOTIATING PARTIES: CITY OF BURLINGAME; DW BURLINGAME VENTURE, LLC — DIVCOWEST
UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS
* Councilmember Beach recused herself from item 6a due to an economic conflict of interest. She arrived for item
6b at 5:35pm
** Councilmember Ortiz arrived at the Closed Session at 5:15pm
Agenda Item: 10a
Meeting Date: June 20, 2023
Councilmember Beach recused herself from this item due to a conflict of economic interest.
City Attorney Guina stated that direction was given but no reportable action was taken.
b. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(d)(2) — ONE POTENTIAL CASE
City Attorney Guina stated that direction was given but no reportable action was taken.
6. ADJOURNMENT
Mayor Brownrigg adjourned the meeting at 5:50 p.m.
Respectfully submitted,
Meaghan Hassel -Shearer, City Clerk
* Councilmember Beach recused herself from item 6a due to an economic conflict of interest. She arrived for item
6b at 5:35pm
** Councilmember Ortiz arrived at the Closed Session at 5:15pm
Agenda Item: 10
CITY 0
BURLINGAME
BURLINGAME CITY COUNCIL
Unapproved Minutes
Study Session on June 5, 2023
1. CALL TO ORDER
Meeting Date: June 20, 2023
A duly noticed meeting of the Burlingame City Council was held on the above date in person
and via Zoom at 6:15 p.m.
2. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson
MEMBERS ABSENT: None
3. REQUEST FOR AB 2249 REMOTE PARTICIPATION
There were no requests.
4. DISCLOSURE OF SB 1439 CONFLICTS (GOVERNMENT CODE SECTION 84308)
Councilmember Beach stated that she is unaware of any contributions she has received that are
in conflict and therefore need to be disclosed. She noted that if any member of the public is
aware of a conflict, they should write the City Clerk.
S. STUDY SESSION
a. DISCUSSION OF GAS LEAF BLOWERS
Sustainability Program Manager Michael stated that the purpose of the study session was to
discuss whether amendments need to be made to the City's leaf blower ordinance and explore
policies to reduce the use of gas leaf blowers.
Sustainability Program Manager Michael stated that in July 2012, the City Council passed an
ordinance regulating leaf blowers. She explained that the ordinance addresses the health risks
of high decibel noise pollution and particulate matter blown into the air by leaf blowers by
reducing the number of days blowers may be used in each neighborhood. She reviewed the
following regulations included in the ordinance:
Commercial blowers are permitted one day per week, per area, with an extra day for R3
and R4 buildings on Fridays
Agenda Item: 10
Meeting Date: June 20, 2023
• Residents may use their own blowers on Saturdays from 9:00 a.m. to 2:00 p.m. and
Sundays from 10:00 a.m. to 2:00 p.m.
• No blowers operated in any of the zones on Mondays or Wednesdays
• Fine of $50 for violations
She noted that staff recommends that the City leave the schedule as is.
Sustainability Program Manager Michael stated that pursuant to the ordinance, commercial
blowers are required to display a sticker on their leaf blowers, issued by the Public Works
Department, that certifies that the machinery is no louder than 65 decibels. She explained that
staff found enforcing the 65-decibel requirement infeasible. She added that the City's Code
Enforcement Officer and Public Works Department do not have the capacity or resources to
verify every commercial leaf blower, and commercial landscapers are not aware of the
ordinance requirement nor interested in getting their machinery verified. She noted that staff
recommends removing the decibel limit.
Sustainability Program Manager Michael reviewed the number of complaints that the City has
received from the community about leaf blowers:
• May 2022 to May 2023: 31
• May 2021 to May 2022: 8
• May 2020 to May 2021: 22
• May 2019 to May 2020: 9
• May 2018 to May 2019: 8
She explained that when a resident registers a complaint, the City's Code Enforcement Officer
issues a letter of violation to the homeowners notifying them of the correct days leaf blowers
are permitted to be used and, when possible, offers the commercial landscapers informational
flyers in English and Spanish.
Mayor Brownrigg stated that he believes that there are more complaints than what is
registered with the City, but that the complaints are handled amongst the neighbors.
Sustainability Program Manager Michael stated that gas leaf blowers emit particularly high
levels of pollutants and greenhouse gas emissions that impact public health. She explained that
the California Air Resources Board (ARB) estimates that the cumulative volume of emissions
from small off -road engines exceeds pollution levels from passenger cars in California. She
added that one hour of leaf blowing is equivalent to driving a 2017 Toyota Camry for one
thousand miles.
Sustainability Program Manager Michael explained that pursuant to AB 1346, beginning in
January 2024, no new gas leaf blowers can be sold in California. She commented that ARB
recently introduced the Clean Off -Road Equipment Voucher Incentive Program (CORE) under
which commercial landscapers can receive a voucher of up to $400 for new electric leaf
Agenda Item: 10
b
Meeting Date: June 20, 2023
blowers. She added that six vouchers have been issued to individuals in the County, and the
program is currently closed as it reached its funding cap.
Sustainability Program Manager Michael stated that the City of San Mateo launched an electric
leaf blower rebate program in 2021. She explained that the program provides a rebate of up to
75% (maximum rebate of $500) of the purchase price of an electric leaf blower for commercial
landscapers and up to 50% (maximum rebate of $100) of the purchase price for residents. To
date, San Mateo has issued six rebates to commercial landscapers at an average of $319.00 and
27 rebates to residents at an average of $76.00.
Sustainability Program Manager Michael stated that several Bay Area cities banned the use of
gas leaf blowers including:
• Town of Portola Valley in January 2021
• City of Oakland in April 2021
• City of Alameda in January 2023
• City of Novato in July 2023
• City of Los Altos in 1991
• City of Palo Alto in 2005
She stated that Oakland was having a hard time enforcing the ban, as they did not have
resources or staff time to dedicate to enforcement. She noted that the City of Palo Alto has a
full-time code enforcement officer dedicated to leaf blower education and enforcement.
Sustainability Program Manager Michael stated that the City's Parks staff have experimented
with electric leaf blowers. She noted that the technology is not quite there yet and that staff
mentioned the following issues:
• More labor intensive
• Problems during rain
• Battery charging takes time
• Harder to repair
• Heavier
Sustainability Program Manager Michael reviewed some of the challenges of making the
ban/switch to electric leaf blowers:
• Affordability
• Equity considerations
• Battery life
• Noise and dust
• Code enforcement
• Outreach to landscapers and homeowners
Sustainability Program Manager Michael reviewed the topics that staff wanted input from the
Council on, including:
Agenda Item: 10
Meeting Date: June 20, 2023
• Leave time of day restriction as is
• Remove decibel requirements
• Considerations for a gas leaf blower ban
• Considerations for creating a rebate program for commercial and/or residents
• Incentives such as electric equipment gets increased days of operations
Councilmember Ortiz stated that he was interested in giving individuals extra days if they
utilized electric leaf blowers.
Councilmember Beach asked about the labor intensity of electric leaf blowers. Sustainability
Program Manager Michael replied that the batteries add more complexity and are less
powerful than the gas blowers. Parks and Recreation Director Glomstad added that it takes
Parks staff an additional 45 minutes to blow the same surface area with an electric blower as it
does with a gas blower. She added that Parks staff would be interested in utilizing electric
blowers if it allowed them to leaf blow on more days of the week. She explained that it is tough
for staff to get through their current schedule in the allotted time.
Mayor Brownrigg opened the item up for public comment.
JoAnneh Nagler spoke in favor of banning gas leaf blowers. She noted that she wouldn't be in
favor of expanding the number of days that individuals with electric leaf blowers could utilize
them.
Jay Kershner spoke in favor of banning gas leaf blowers.
Former Mayor Terry Nagel voiced support for banning gas leaf blowers.
Mayor Brownrigg acknowledged that the following individuals sent in emails regarding gas leaf
blowers and that the Council read each email prior to the meeting: Paula Crosatto, Don
Donoughe, Pete Roddy, Kim Bentley, Amy Flanzer, Doug Bojack, and Steven Cady.
Mayor Brownrigg closed public comment.
Mayor Brownrigg spoke in favor of working on the next steps to facilitate a phase out of gas leaf
blowers.
Vice Mayor Colson suggested that staff review what other cities and entities are doing in the
switch away from gas powered leaf blowers. She favored an incentive program, potentially
working with Peninsula Clean Energy. She noted she has an electric leaf blower for her
gardener to use. She also suggested education and outreach to property owners in order to
work with them on purchasing equipment for their gardeners to use.
Agenda Item: 10
Meeting Date: June 20, 2023
Councilmember Ortiz stated he would be in favor of a gas lead blower ban. He agreed with the
Vice Mayor that the ban shouldn't be immediate, and time is needed for transition.
Councilmember Beach stated she would be in favor of a gas leaf blower ban. She agreed with
the Vice Mayor on incentives. She noted she wanted to hear from the gardening community as
they would be most impacted by a ban. She added that she would be interested in seeing how
the City could financially assist with the transition.
Councilmember Stevenson stated he is in favor of a ban on gas leaf blowers. He echoed the
need for community education and the need for a transition period.
Sustainability Program Manager Michael thanked Council for their feedback.
6. ADJOURNMENT
Mayor Brownrigg adjourned the meeting at 7:01 p.m.
Respectfully submitted,
Meaghan Hassel -Shearer
City Clerk
CITY c-
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BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular City Council Meeting on June 5, 2023
1. CALL TO ORDER
Agenda Item: 10c
Meeting Date: June 20, 2023
A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom
at 7:04 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Michael McCord.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson
MEMBERS ABSENT: None
4. REQUEST FOR AB 2249 REMOTE PARTICIPATION
There were no requests.
5. REPORT OUT FROM CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
SagSh_R
PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY. BURLINGAME. CALIFORNIA
AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA
NEGOTIATING PARTIES: CITY OF BURLINGAME; DW BURLINGAME VENTURE, LLC — DIVCOWEST
UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS
Councilmember Beach recused herself from this item due to a conflict of economic interest.
City Attorney Guina stated that direction was given but no reportable action was taken.
b. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL LITIGATION
1
Agenda Item: 10c
Meeting Date: June 20, 2023
SIGNIFICANT EXPOSURE TO LIGIGATION PURUANT TO GOVERNMENT CODE SECTION
54956.9(D)(2) — ONE POTENTIAL CASE
City Attorney Guina stated that direction was given, but no reportable action was taken.
6. UPCOMING EVENTS
Mayor Brownrigg reviewed upcoming events in the city.
7. DISCLOSURE OF SB 1439 CONFLICTS (GOVERNMENT CODE SECTION 84308)
Councilmember Beach stated that she is unaware of any contributions she has received that are in conflict
and therefore need to be disclosed. However, she noted that if any member of the public is aware of a
conflict, they should write the City Clerk.
8. PRESENTATIONS
a. LIFE SAVING AWARD FOR OFFICER DANIEL THOMPSON
Police Chief Matteucci stated that Officer Daniel Thompson responded to a medical call on Monday, April
3rd, regarding an individual bleeding from their leg due to a prior medical condition. He explained that due
to Officer Thompson's quick and decisive actions, he was able to save the individual's life.
Police Chief Matteucci presented Officer Thompson with the Burlingame Police Department's Life Saving
Medal.
The Council thanked Officer Thompson for his actions and thanked him for his service.
b. PROCLAMATION RECOGNIZING JUNE 2023 AS LGBTQ+ PRIDE MONTH
Mayor Brownrigg asked each Councilmember to speak about what Pride Month means to them.
Councilmember Beach spoke about how grateful she is that the City takes the time to raise the Pride Flag.
She noted how members of the community come together during the month at different events to
celebrate pride and diversity.
Councilmember Ortiz discussed the inclusivity and openness of the City in comparison to other places. He
stated that he is very happy that the City raises the Pride Flag and stands by its LGBTQ+ family, friends, and
neighbors.
Councilmember Stevenson stated that Pride Month is a celebration of love, humanity, and tolerance. He
noted he tries to practice those tenets every day and is grateful that the City celebrates Pride Month.
Agenda Item: 10c
Meeting Date: June 20, 2023
Vice Mayor Colson stated that the Pride Flag stands for equality and rights afforded to everyone. She loved
that Gilbert Baker, the designer of the Pride Flag, never copyrighted the design so that it could be used all
over the world.
Mayor Brownrigg stated that Pride Month is a celebration of being able to love and be who you want to be.
He added that Pride Month acknowledges that we should celebrate our differences, and he is grateful that
Burlingame allows for the celebration.
9. PUBLIC COMMENTS
AFSCME members spoke on behalf of the union regarding the City's current labor negotiations. The
commentors included: Tony, Tim, Dickie, Mike, Nick, Robert, Dante, Joe, John, George, John, Rich, Adam,
Tristan, Rod, Joseph, Stephanie, Jim. Their comments included:
• The need for a livable wage
• The need to increase wages to be equal with nearby cities
• The cost of living has increased more than wages in the city
• Inflation is more than the increase in city wages
• Difficulty in hiring and retaining employees
• Appreciation for work done, especially working throughout the pandemic
• Employee turnover is high
• Cost of living is moving employees farther away from Burlingame, which leads to longer response
times for responding to watermain breaks
10. APPROVAL OF CONSENT CALENDAR
Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the
Consent Calendar. No item was pulled.
Councilmember Ortiz made a motion to approve Consent Calendar; seconded by Councilmember
Stevenson. The motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 10, 2023 FY 2023-24 BUDGET
STUDY SESSION
City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the May 10,
2023 FY 2023-24 Budget Study Session.
b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 15. 2023 CLOSED SESSION
City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the May 15,
2023 Closed Session.
Agenda Item: 10c
Meeting Date: June 20, 2023
c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 15, 2023 CITY COUNCIL MEETING
City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the May 15,
2023 City Council Meeting.
d. ADOPTION OF A RESOLUTION ACCEPTING THE ALPINE PARK PLAYGROUND RENOVATION PROJECT
NO. 86270 IN THE AMOUNT OF $735.061.66
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 062-2023.
e. ADOPTION OF A RESOLUTION APPROVING THE STREET RESURFACING PROJECT TO COMPLY WITH
SENATE BILL NO. 1 FOR FISCAL YEAR 2023-24
DPW Murtuza requested Council adopt Resolution Number 063-2023.
f. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
$227,097 AGREEMENT WITH ALL CITY MANAGEMENT SERVICES (ACMS) TO PROVIDE CROSSING
GUARD SERVICES TO LOCAL SCHOOLS FOR FY 23-24
Chief of Police Matteucci requested Council adopt Resolution Number 064-2023.
g. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXERCISE
THE OPTION TO EXTEND THE AGREEMENT WITH CAINE COMPUTER CONSULTING, LLC, TO
PROVIDE INFORMATION TECHNOLOGY SERVICES TO THE POLICE DEPARTMENT FOR FISCAL YEARS
2023-24 AND 2024-25 FOR A TOTAL OF $264,504
Chief of Police Matteucci requested Council adopt Resolution Number 065-2023
h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $278,210
AGREEMENT WITH TELECOMMUNICATIONS ENGINEERING ASSOCIATES (TEA) TO PROVIDE POLICE
RADIO SYSTEM ENGINEERING AND MAINTENANCE SERVICES TO THE POLICE DEPARTMENT
Chief of Police Matteucci requested Council adopt Resolution Number 066-2023
L ADOPTION OF A RESOLUTION ACCEPTING THE NEIGHBORHOOD STORM DRAIN PROJECT NO. 13
BY C211 ENGINEERING, INC., CITY PROJECT NO. 85890
DPW Murtuza requested Council adopt Resolution Number 067-2023.
4
Agenda Item: 10c
Meeting Date: June 20, 2023
ADOPTION OF RESOLUTIONS CONFIRMING THE APPOINTMENT OF THE FINANCE
DIRECTOR/TREASURER AND DESIGNATING CERTAIN EMPLOYEES AS OFFICIAL SIGNATORIES ON
CITY BANKING AND INVESTMENT ACCOUNTS
Finance Director Yu -Scott requested Council adopt Resolution Number 068-2023 and Resolution Number
069-2023.
k. ADOPTION OF A RESOLUTION APPROVING THE ALLOCATION OF FUNDING FOR COMMUNITY
SERVICE ORGANIZATIONS FOR FISCAL YEAR 2023-24
Finance Director Yu -Scott requested Council adopt Resolution Number 070-2023.
I. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH BURKE WILLIAMS & SORENSEN LLP FOR LEGAL
SERVICES AS DIRECTED BY THE CITY ATTORNEY
City Attorney Guina requested Council adopt Resolution Number 071-2023.
m. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO THE AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR DISPUTE
RESOLUTION SERVICES TO INCREASE THE NOT TO EXCEED AMOUNT TO $42,957.82 AND TO
EXTEND THE TERM
City Manager Goldman requested Council adopt Resolution Number 072-2023.
n. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH BEST JARVIS FAY LLP. FOR LEGAL SERVICES AS
DIRECTED BY THE CITY ATTORNEY
City Attorney Guina requested Council adopt Resolution Number 073-2023.
o. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH BEST BEST & KRIEGER LLP, FOR LEGAL SERVICES AS
DIRECTED BY THE CITY ATTORNEY
City Attorney Guina requested Council adopt Resolution Number 074-2023.
p. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH GOLDFARB & LIPMAN. FOR LEGAL SERVICES AS
DIRECTED BY THE CITY ATTORNEY
City Attorney Guina requested Council adopt Resolution Number 075-2023.
Agenda Item: 10c
Meeting Date: June 20, 2023
q. ADOPTION OF A RESOLUTION AUTHORIZING NEW AND UPDATED JOB CLASSIFICATIONS
Human Resources Director Saguisag-Sid requested Council adopt Resolution Number 076-2023
r. APPROVAL OF REVISIONS TO THE INVESTMENT POLICY FOR FISCAL YEAR 2023-24
Finance Director Yu -Scott requested Council approve the Investment Policy for Fiscal Year 2023-24.
s. APPROVAL OF QUARTERLY INVESTMENT REPORT, PERIOD ENDING MARCH 31, 2023
Finance Director Yu -Scott requested Council approve the Quarterly Investment Report.
t. APPROVAL OF CITY MANAGER'S OUT-OF-STATE TRAVEL
City Manager Goldman requested Council approve out-of-state travel for the City Manager.
11. PUBLIC HEARINGS
a. PUBLIC HEARING TO RENEW THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN
BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS PROJECT FOR FISCAL YEAR 2023-24
DPW Murtuza explained that in 2012, the City Council initiated proceedings to form a Downtown
Assessment District, with the intent to order landscape improvements and levy assessments. He stated
that the total of assessments for fiscal year 2023-24 is $310,156, which reflects pre -payments by some
property owners. He noted that there are no changes to the annual assessment from last year. He added
that funds collected through assessments will be used as part of the debt payment for the Burlingame
Avenue Streetscape bonds.
Mayor Brownrigg opened the public hearing. No one spoke.
Vice Mayor Colson made a motion to adopt Resolution Number 077-2023; seconded by Councilmember
Beach. The motion passed unanimously by roll call vote, 5-0.
b. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) ADOPTING THE FY2023-24 OPERATING
AND CAPITAL BUDGETS AND AUTHORIZING THE FINANCE DIRECTOR TO ASSIGN USES OF FUND
BALANCE AMOUNTS; (2) APPROVING THE GANN APPROPRIATION LIMIT; AND (3) APPROVING A
CONTRIBUTION TO THE CITY'S PENSION BENEFIT TRUST ACCOUNT WITH PARS
Finance Director Yu -Scott reviewed the FY 2023-24 budget highlights:
• Economic Recovery
Il
Agenda Item: 10c
Meeting Date: June 20, 2023
o Moderate revenue growth — property tax, sales tax, and TOT meeting or exceeding
expectations
o Operating deficit of $2.4 million
o Continued reliance on reserves
o Capital Investment Reserve totally earmarked
■ Grade Separation and El Camino Real Underground Project
■ $600,000 request this fiscal year to cover project costs
• Temporary Focus on Short Term
o Priority on quality municipal service delivery
o Reduced governmental capital spending
Finance Director Yu -Scott reviewed the changes staff made to the budget since the May 10, 2023 Budget
Study Session:
• Reallocated a Maintenance Worker position from the Sewer Enterprise Fund to the General Fund -
$157,000 impact
• Increase to the Library Department budget line items
o Electric and gas - $150,000 impact
o Water consumption - $12,500 impact
• Included loan principal payments for the Sewer Enterprise Fund
• Updated the Five -Year General Fund Forecast
Finance Director Yu -Scott summarized the FY 2023-24 budget:
• General Fund - $74.52 million (49.93% of budget)
• Capital Improvements - $32.27 million (21.62% of budget)
• Utilities (Water and Sewer) - $29.31 million (19.64% of budget)
• Other Funds - $13.14 million — (8.80% of budget)
She added that the total budget for FY 2023-24 is $149.24 million, which is $14.6 million more than FY
2022-23.
Finance Director Yu -Scott reviewed the proposed FY 2022-23 General Fund Revenues:
FY2023-24 Proposed General Fund Revenues
Property Tax
$31,644,580
Sales and Use Tax
$17,458,222
Transient Occupancy Tax
$17,919,000
Other Taxes
Franchise Tax
$1,748,000
Business Tax
$1,500,000
Real Property Transfer Tax
$500,000
State HOPTR
$63,000
7
Agenda Item: 10c
Meeting Date: June 20, 2023
Licenses & Permits
$82,600
Fines, Forfeitures and Penalties
$653,000
Use of Money & Property
$210,000
Charges for Services
$6,909,300
Other Revenue
$77,000
State Subventions
$215,000
Interest Income
$1,530,000
Total General Fund Revenues
Finance Director Yu -Scott stated that property tax, sales tax, and TOT make up approximately $67 million,
or 83.3% of General Fund revenue. She explained that pre-COVID, General Fund revenue was
approximately $84 million.
Finance Director Yu -Scott reviewed the proposed General Fund expenditures for FY 2023-24:
FY2022-23 Proposed General Fund Expenditures
General Administration
$8,188,642
Public Safety
Fire +Disaster Preparedness
$14,702,559
Police & Dispatch
$19,292,052
Parking Enforcement
$750,571
Public Works
$8,757,334
Community Development
$2,782,144
Leisure and Culture
Aquatics Center
$462,000
Library
$6,353,406
Parks and Tree Maintenance
$8,476,106
Recreation
$4,753,820
Total General Fund Expenditure
$74,518,635
She stated that General Fund expenditures increased 3.78% increase from last year, mainly due to
personnel expenditures.
Finance Director Yu -Scott reviewed the pension trust contributions by fund:
Fund Name
General Fund
$868,00
Water Enterprise
$87,000
Sewer Enterprise
$71,800
Parking Enterprise
$8,100
Solid Waste Enterprise
$12,300
Landfill Fund
$2,400
Building Enterprise
$59,600
0
Agenda Item: 10c
Meeting Date: June 20, 2023
Facilities
$23,100
Fleet/Equipment
$18,100
Admin/IT
$7,700
Total
$1,159,000
She noted that by the end of June 2023, the balance in the pension trust account will be approximately
$17.4 million.
Finance Director Yu -Scott reviewed the proposed FY 2023-24 General Fund operating budget:
General Fund Revenues
$80.51 million
General Fund Expenditures
$74.52 million
Transfers:
Support Capital Improvements
$6.62 million
Debt Service Obligations
$3.62 million
Cost Recovery
$1.87 million
Net Deficit
$2.39 million
Contribution to Pension Trust Fund
$0.87 million
Net (Deficit) After Contribution to Trust Fund
$3.25 million
Finance Director Yu -Scott reviewed the projected fund balances in the City's reserves:
FY21-22
Actual
FY22-23
Revised
Budget
FY23-24
Proposed
Budget
Economic Stability Reserve
$16,44,1000
$18,118,000
$19,322,000
Catastrophic Reserve
$2,000,000
$2,000,000
$2,000,000
Contingency Reserve
$500,000
$500,000
$500,000
Subtotal, Assigned Fund Balance
$18,94,1000
$20,618,000
$21,822,000
Add: Restricted for Pension Trust Fund (PARS)
$15,251,760
$16,502,360
$17,370,360
Add: Unassigned Fund Balance
$13,201,060
$6,850,230
$2,392,551
Total, Ending Fund Balance
$47,393,820
$43,970,590
$41,584,911
Finance Director Yu -Scott noted the City will not be able to contribute to the Capital Investment Reserve
until the City is fully recovered from the pandemic.
Finance Director Yu -Scott reviewed the proposed Capital Improvement Program for FY 2023-24:
Capital Improvement Program
Streets
37.79%
Parks and Trees
25.16%
Water
14.10%
Storm Drain
10.0%
9
Agenda Item: 10c
Meeting Date: June 20, 2023
Sewer
8.7%
Facilities
2.70%
Parking and Garages
1.39%
She noted that the proposed Capital Improvement Program for FY 2023-24 totals $32.3 million. She added
that the General Fund is contributing $6.62 million towards the FY 2023-24 Capital Improvement Program.
Finance Director Yu -Scott explained that based on the General Fund Five -Year Forecast, revenue is steadily
increasing, but the increasing needs of the CIP Program will continue to put pressure on the General Fund
balance. She stated that the City will continue to dip into its reserves in order to fund operations and
capital needs. She noted that the General Fund Forecast projects deficit spending for FY 2024-25 and FY
2025-26, with a positive balance returning in FY2 2026-27 and beyond.
Finance Director Yu -Scott thanked Karen Cao for all her help on the budget and the whole Finance
Department for their continued support. She also thanked the Department Heads, City Manager Goldman,
and the City Council for their assistance.
Vice Mayor Colson asked how the City's recovery is going in comparison to its neighbors. City Manager
Goldman replied that it's mixed as some cities are recovering better than others. She noted that Redwood
City is facing challenges, but Millbrae is doing better.
Vice Mayor Colson asked about TopGolf's progress and if it is included in the budget forecast. City Manager
Goldman replied that TopGolf is not in the budget forecast as staff has always taken a more conservative
approach and waits for projects to be completed prior to inclusion.
Vice Mayor Colson stated that the City will have to be innovative in the coming years to meet the
budgetary demands. She noted that housing might be a way the City can help staff and other public
employees. She wanted to investigate how the City can create stable revenues in order to address inflation
and the high cost of living in the city.
Councilmember Beach stated that the operating budget is recovering, and she is proud of the City's
continued investment in the Pension 115 Trust and into CIP projects.
Mayor Brownrigg opened the hearing for public comment. No one spoke.
Mayor Brownrigg agreed with Vice Mayor Colson's comments. He stated that the City has been able to
weather the pandemic well and hoped to see the recovery continue to progress. He was proud that the
City was not put into a position, like others, to undertake layoffs and furloughs during the pandemic.
Councilmember Stevenson agreed with Vice Mayor Colson that the City needs to explore different revenue
streams.
10
Agenda Item: 10c
Meeting Date: June 20, 2023
Mayor Brownrigg stated that the City Council is committed to funding the City's pension obligations, and he
wanted to see that through. He added that he hoped that once that obligation is met, wage demands can
be addressed.
Councilmember Beach made a motion to adopt Resolution 078-2026; seconded by Councilmember Ortiz.
The motion passed unanimously by roll call vote, 5-0.
Vice Mayor Colson made a motion to adopt Resolution 079-2023; seconded by Councilmember Ortiz. The
motion passed unanimously by roll call vote, 5-0.
Councilmember Ortiz made a motion to adopt Resolution 080-2023; seconded by Vice Mayor Colson. The
motion passed unanimously by roll call vote, 5-0.
12. STAFF REPORTS AND COMMUNICATIONS
There were no staff reports.
13. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reviewed their committee appointments.
14. FUTURE AGENDA ITEMS
Vice Mayor Colson discussed the revenues that PCE had to reinvest. She suggested scheduling a study
session to review options and suggestions that the Council could give PCE.
Mayor Brownrigg wanted to add exploring the homeless crisis in conjunction with Millbrae.
i►1917AR4110LTA 1401110
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are
available online at www.burlingame.org.
16. ADJOURNMENT
Mayor Brownrigg adjourned the meeting at 8:43 p.m.
Respectfully submitted,
Meaghan Hassel -Shearer
City Clerk
11
BURLiNGAME AGENDA NO: 10d
STAFF REPORT
MEETING DATE: June 20 2023
To: Honorable Mayor and City Council
Date: June 20, 2023
From: Syed Murtuza, Director of Public Works — (650) 558-7230
Weizhi Cheng, Associate Engineer — (650) 558-7230
Subject: Adoption of Resolutions Awarding a $3,092,560 Construction Contract to
Cratus Inc. for the Burlingame Park Subdivision Water Main Replacement
Project, City Project No. 84892, Water Service Replacement Program, City
Project No. 86300; and Approving a $362,535 Professional Services
Agreement with Coastland I DCCM for Construction Management Services
Related to the Projects
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolutions as follows:
(1) Award a construction contract to Cratus Inc. for the Burlingame Park Subdivision Water
Main Replacement Project, City Project No. 84892 and the Water Service Replacement
Program, City Project No. 86300 in the amount of $3,092,560 and authorize the City
Manager to execute the contract; and
(2) Approve a professional services agreement with Coastland I DCCM (Coastland) in the
amount of $362,535 for construction management services related to the projects, and
authorize the City Manager to execute the same.
BACKGROUND
The City Council has implemented a robust Capital Improvement Program (CIP) to address the
City's aging infrastructure. The Burlingame Park Subdivision was identified as one of the high
priority locations because the existing cast iron water mains were installed nearly 100 years ago
and have reached their intended service life. The work is necessary and will improve water quality,
flow, and pressure to serve the residents in the area. In addition, the new water system will improve
fire protection capability for the residents in the affected area.
The project scope of work primarily consists of installation of 2,190 linear feet of new 8-inch and
3,410 linear feet of new 6-inch Ductile Iron Pipe (DIP) water main on Howard Avenue, Occidental
Avenue, Chapin Avenue, Chapin Lane, and Ralston Avenue. Additionally, the project consists of
installing new 1 and 2-inch diameter water services totaling approximately 2,900 linear feet for
customer service connections. Furthermore, the Project will remove and replace eight fire hydrant
1
Award of Construction and Construction Management Contracts for the Burlingame June 20, 2023
Park Subdivision WM Replacement Project and Water Service Replacement Program
assemblies. Utility trenching and asphalt and concrete restoration work will be included as part of
the project.
nisri issinm
Construction Contract: The project was advertised for bids on May 1, 2023. On May 30, 2023, the
City opened the four sealed bid proposals, with base bids ranging from $2,832,560 to $4,202,015.
Cratus Inc. is the lowest responsible bidder with its base bid amount of $2,832,560, which is 7.9%
lower than the engineer's estimate of $3,075,307. Additionally, due to favorable bid prices, staff
recommends adding the bid alternate in the amount of $260,000, for a total contract award of
$3,092,560. Staff has reviewed the proposal of Cratus Inc. and finds that the contractor has met all
the project requirements and has a past history of performing similar work successfully for the City
and other agencies. As a result, staff recommends that the City Council award the project to Cratus,
Inc. and authorize the City Manager to execute the construction contract.
Professional Services Agreement: Coastland was selected through a competitive RFP (Request
for Proposal) process as the top qualified firm to provide professional services related to
construction management and inspection. Coastland has extensive experience in construction
management and inspection services for utility work and has successfully completed similar
projects for the City in the past. Staff has negotiated a professional service fee with Coastland in
the amount of $362,535 for the following scope of professional services:
• Attend and manage pre -construction meetings between the City and contractor;
• Perform daily construction inspections and provide construction management services for
a 150 working day construction period;
• Assemble project files and administer construction management procedures;
• Prepare daily written construction reports and document photographic records of the
project;
• Attend weekly construction progress meetings, perform necessary field engineering work,
and perform quality assurance assessments;
• Provide written reports and documentation, including weekly statement of working days,
meeting minutes, field directive log, and tracking change orders;
• Perform construction management services including manage submittals, requests for
information (RFI), labor compliance, and maintaining records;
• Perform cost and schedule management including reviewing and advising the City on
contractor's overall and weekly construction schedule as well as tracking work quantities'
calculations;
• Provide public relations and outreach services;
• Provide conflict resolution and claims management services including negotiating claims,
advising the City regarding liquidated damages, and final payment; and
• Perform project close out inspection and develop final punch list.
The professional service fee amount represents approximately 12% of the construction cost. The
amount is consistent with industry standards for construction management and inspection services
based on the scope and complexity of the project.
2
Award of Construction and Construction Management Contracts for the Burlingame June 20, 2023
Park Subdivision WM Replacement Project and Water Service Replacement Program
The project construction is anticipated to begin in September 2023 and be completed by the
summer of 2024. The anticipated construction date is conservatively scheduled for September
because of concerns related to market conditions of supply and demand of materials, and lead time
to procure them.
FISCAL IMPACT
Estimated Project Expenditures:
The following are the estimated project construction expenditures.
Construction $3,092,560
Construction Management $362,535
Construction Contingencies (15%) $518,264
Engineering Administration and Staff time $160,641
Total $4,134,000
Funding Availability:
The City Council previously approved the project as part of the City's Capital Improvement Program
(CIP). Adequate funding is available in the following CIP project accounts.
CIP 326-84892 — Burlingame Park Subdivision WMR
CIP 326-84891 — Glenwood Subdivision WMR
CIP 326-86300 — Water Service Replacement
Total
Exhibits:
• Resolution Awarding Construction Contract
• Resolution Approving Professional Services Agreement
• Bid Summary
• Construction Contract
• Professional Services Agreement
• Project Location Map
$3,774,000
$200,000
$160,000
$4,134, 000
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AWARDING A CONSTRUCTION CONTRACT FOR THE BURLINGAME PARK
SUBDIVISION WATER MAIN REPLACEMENT PROJECT AND WATER SERVICE
REPLACEMENT PROGRAM TO CRATUS INC. AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT
CITY PROJECT NOS. 84892 & 86300
WHEREAS, on May 1, 2023, the City issued notice inviting bid proposals for the
Burlingame Park Subdivision Water Main Replacement Project, City Project No. 84892, Water
Service Replacement Program, City Project No. 86300; and
WHEREAS, on May 30, 2023, all proposals were received and opened before the City
Clerk and representatives of the Public Works Department; and
WHEREAS, Cratus Inc. submitted the lowest responsible bid for the job with its base bid
amount of $2,832,560; and
WHEREAS, due to favorable bid prices, staff recommends adding the bid alternate in the
amount of $260,000, for a total contract award of $3,092,560.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and
Specifications, including all addenda, are approved and adopted; and
BE IT FURTHER RESOLVED that the bid of Cratus Inc. for said project in the amount of
$3,092,560, and the same hereby is accepted; and
BE IT FURTHER RESOLVED THERETO that a contract be entered into between the
successful bidder hereinabove referred to and the City of Burlingame for the performance of said
work, and that the City Manager is authorized on behalf of the City of Burlingame to execute said
contract and to approve the faithful performance bond and the labor materials bond required to
be furnished by the contractor.
Michael Brownrigg, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 201" day of June,
2023, and was adopted thereafter by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Meaghan Hassel Shearer, City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND
DCCM FOR THE BURLINGAME PARK SUBDIVISION WATER MAIN
REPLACEMENT PROJECT AND WATER SERVICE REPLACEMENT PROGRAM
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
CITY PROJECT NOS. 84892 & 86300
RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS,
ORDERS and DETERMINES AS FOLLOWS:
1. The public interest and convenience require execution of the agreement cited in
the title above.
2. The City Manager is authorized to sign said agreement on behalf of the City of
Burlingame.
3. The City Clerk is instructed to attest such signature.
Michael Brownrigg, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 201" day of June,
2023 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel Shearer, City Clerk
Glenwood Park Subdivision Water Main Improvements, City Project No. 84891
Water Service Replacement Program, City Project No. 86300
BID SUMMARY
BID OPENING: TUESDAY,MAY 30, 2023 at 2:30 P.M.
Engineer's Estimate
Cratus, Inc.
Mitchell Engineering
Golden Bay Construction
JMB Construction
ITEM
ITEM DESCRIPTION
No.
CITY
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
1
Mobilization
1
LS
$ 120,900.00
$ 110,000.00
$ 110,000.00
$ 150,000.00
$ 150,000.00
$ 160,000.00
$ 160,000.00
$ 275,000.00
$ 275,000.00
5%
$ 35,000.00
$ 21,000.00
$ 40,000.00
$ 35,000.00
$ 40,000.00
$ 35,000.00
$ 58,000.00
$ 3,500.00
$ 58,000.00
$ 3,500.00
2
Traffic Control
1
LS
$35,000
$ 350,000.00
$ 350,000.00
$ 244,000.00
$ 244,000.00
3
Sheeting, Shoring and Bracing
1
LS
$ 420,000.00
$ 420,000.00
$ 90,000.00
$ 90,000.00
$21,0001
$ 8,000.00
$ 5,000.00
$ 5,000.00
$ 4,500.00
$ 4,500.00
4
Construction Staking and Survey
1
LS
$ 25,000.00
$ 25,000.00
$ 30,000.00
$ 30,000.00
$8,000
$ 16,000.00
$ 20,000.00
$ 20,000.00
$ 10,000.00
$ 10,000.00
5
Site Investigation and Potholing
1
LS
$ 150,000.00
$ 150,000.00
$ 40,000.00
$ 40,000.00
$16,000
$ 8,000.00
$ 12,500.00
$ 12,500.00
$ 2,100.00
$ 2,100.00
6
Storm Water Pollution Prevention
1
LS
$ 10,000.00
$ 10,000.00
$ 42,000.00
$ 42,000.00
$8,000
$ 2,000.00
$ 20,000.00
$ 20,000.00
$ 6,683.00
$ 6,683.00
7
Encroachment Permit (Town of Hillsborough)
1
LS
$ 1,500.00
$ 1,500.00
$ 3,000.00
$ 3,000.00
$2,000
$ 3,600.00
$ 300.00
$ 4,500.00
$ 293.00
$ 4,395.00
8
4" Water Main - DIP
15
LF
$ 300.00
$ 4,500.00
$ 330.00
$ 4,950.00
$240
$ 735,000.00
$ 300.00
$ 882,000.00
$ 295.00
$ 867,300.00
9
6" Water Main - DIP
2,940
LF
$ 320.00
$ 940,800.00
$ 230.00
$ 676,200.00
$250
$ 613,200.00
$ 310.00
$ 678,900.00
$ 306.00
$ 670,140.00
10
8Water Main - DIP
2,190
LF
$ 340.00
$ 744,600.00
$ 255.00
$ 558,450.00
$280
$ 3,100.00
$ 500.00
$ 5,000.00
$ 410.00
$ 4,100.00
11
12" Water Main - DIP
10
LF
$ 400.00
$ 4,000.00
$ 425.00
$ 4,250.00
$310
$ 760.00
$ 100.00
$ 200.00
$ 315.00
$ 630.00
12
2" Plug or Cap & Thrust Block
2
EA
$ 500.00
$ 1,000.00
$ 1,500.00
$ 3,000.00
$380
$ 1,245.00
$ 100.00
$ 300.00
$ 473.00
$ 1,419.00
13
4" Plug or Cap & Thrust Block
3
EA
$ 700.00
$ 2,100.00
$ 1,700.00
$ 5,100.00
$415
$ 9,030.00
$ 100.00
$ 2,100.00
$ 578.00
$ 12,138.00
14
6" Plug or Cap & Thrust Block
21
EA
$ 800.00
$ 16,800.00
$ 2,000.00
$ 42,000.00
$430
$ 1,350.00
$ 100.00
$ 300.00
$ 700.00
$ 2,100.00
15
8" Plug or Cap & Thrust Block
3
EA
$ 900.00
$ 2,700.00
$ 2,200.00
$ 6,600.00
$450
$ 800.00
$ 250.00
$ 250.00
$ 725.00
$ 725.00
16
12" PlUg .F Gap n Thr,ist Blerk
4
17
Fitting 6" 90 Degree Bend & Thrust Block
1
EA
$ 700.00
$ 700.00
$ 1,100.00
$ 1,100.00
$800
$ 900.00
$ 250.00
$ 250.00
$ 725.00
$ 725.00
18
Fitting 8" 90 Degree Bend & Thrust Block
1
EA
$ 800.00
$ 800.00
$ 1,500.00
$ 1,500.00
$900
$ 1,950.00
$ 250.00
$ 750.00
$ 394.00
$ 1,182.00
19
Fitting 4" 45 Degree Bend & Thrust Block
3
EA
$ 500.00
$ 1,500.00
$ 800.00
$ 2,400.00
$650
$ 14,250.00
$ 250.00
$ 4,750.00
$ 683.00
$ 12,977.00
20
Fitting 6" 45 Degree Bend & Thrust Block
19
EA
$ 700.00
$ 13,300.00
$ 1,100.00
$ 20,900.00
$750
$ 17,850.00
$ 250.00
$ 5,250.00
$ 710.00
$ 14,910.00
21
Fitting 8" 45 Degree Bend & Thrust Block
21
EA
$ 800.00
$ 16,800.00
$ 1,600.00
$ 33,600.00
$850
$ 1,200.00
$ 250.00
$ 250.00
$ 710.00
$ 710.00
22
Fitting 8" 22.5 Degree Bend & Thrust Block
1
EA
$ 800.00
$ 800.00
$ 1,400.00
$ 1,400.00
$1,200
$ 5,000.00
$ 250.00
$ 1,250.00
$ 710.00
$ 3,550.00
23
Fitting 6" 11.25 Degree Bend & Thrust Block
5
EA
$ 700.00
$ 3,500.00
$ 1,100.00
$ 5,500.00
$1,000
$ 3,600.00
$ 250.00
$ 750.00
$ 710.00
$ 2,130.00
24
Fitting 8" 11.25 Degree Bend & Thrust Block
3
EA
$ 800.00
$ 2,400.00
$ 2,000.00
$ 6,000.00
$1,200
$ 900.00
$ 250.00
$ 250.00
$ 630.00
$ 630.00
25
Fitting 6"A" Concentric Reducer
1
EA
$ 700.00
$ 700.00
$ 1,400.00
$ 1,400.00
$900
$ 2,800.00
$ 250.00
$ 500.00
$ 788.00
$ 1,576.00
26
Fitting 8"x6" Concentric Reducer
2
EA
$ 800.00
$ 1,600.00
$ 2,200.00
$ 4,400.00
$1,400
$ 1,650.00
$ 250.00
$ 250.00
$ 1,260.00
$ 1,260.00
27
Fitting 12"x6" Concentric Reducer
1
EA
$ 900.00
$ 900.00
$ 2,600.00
$ 2,600.00
$1,650
$ 1,700.00
$ 250.00
$ 250.00
$ 1,470.00
$ 1,470.00
28
Fitting 12"x8" Concentric Reducer
1
EA
$ 900.00
$ 900.00
$ 2,600.00
$ 2,600.00
$1,700
$ 4,600.00
$ 250.00
$ 1,000.00
$ 1,575.00
$ 6,300.00
29
Fitting 6"x6" Tee & Thrust Block
4
EA
$ 800.00
$ 3,200.00
$ 2,100.00
$ 8,400.00
$1,150
$ 1,600.00
$ 250.00
$ 250.00
$ 1,365.00
$ 1,365.00
30
Fitting 8"x6" Tee & Thrust Block
1
EA
$ 800.00
$ 800.00
$ 1,900.00
$ 1,900.00
$1,600
$ 4,400.00
$ 250.00
$ 500.00
$ 2,100.00
$ 4,200.00
31
Fitting 8"x8" Tee & Thrust Block
2
EA
$ 800.00
$ 1,600.00
$ 3,000.00
$ 6,000.00
$2,200
$ 2,950.00
$ 250.00
$ 250.00
$ 2,000.00
$ 2,000.00
32
Fitting 12"x8" Tee & Thrust Block
1
EA
$ 900.00
$ 900.00
$ 3,200.00
$ 3,200.00
$2 950
Page 1 of 3
Glenwood Park Subdivision Water Main Improvements, City Project No. 84891
Water Service Replacement Program, City Project No. 86300
BID SUMMARY
BID OPENING: TUESDAY,MAY 30, 2023 at 2:30 P.M.
Engineer's Estimate
Cratus, Inc.
Mitchell Engineering
Golden Bay Construction
JMB Construction
ITEM
ITEM DESCRIPTION
No.
CITY
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
33
Fitting 6"x6" Cross & Thrust Block
1
EA
$ 1,400.00
$ 250.00
$ 250.00
$ 700.00
$ 700.00
$ 2,310.00
$ 2,310.00
$ 2,800.00
$ 2,800.00
$1,400
$ 38,400.00
$ 32,450.00
12,000.00
$ 150,000.00
$ 8,000.00
$ 4,500.00
$ 3,500.00
$ 15,000.00
$ 128,000.00
$ 49,500.00
$ 7,000.00
$ 150,000.00
$ 2,415.00
$ 2,940.00
$ 5,775.00
$ 18,113.00
$ 38,640.00
$ 32,340.00
$ 11,550.00
$ 181,130.00
34
6" Gate Valve
16
EA
$2,400
$ 4,000.00
$ 64,000.00
$ 2,800.00
$ 44,800.00
35
8Gate Valve
11
EA
$2,950
$ 4,600.00
$ 50,600.00
$ 3,900.00
$ 42,900.00
36
12" Butterfly Valve
2
EA
$6,000$
$ 7,000.00
$ 14,000.00
$ 5,200.00
$ 10,400.00
37
Fire Hydrant Assembly
10
EA
$ 22,000.00
$ 220,000.00
$ 20,000.00
$ 200,000.00
$15,000
$ 10,000.00
$ 500.00
$ 4,000.00
$ 3,780.00
$ 30,240.00
38
Remove Existing Fire Hydrant Assembly
8
EA
$ 2,000.00
$ 16,000.00
$ 2,600.00
$ 20,800.00
$1,250
$ 5,000.00
$ 1,500.00
$ 1,500.00
$ 3,780.00
$ 3,780.00
39
Water Sampling Station Assembly
1
EA
$ 4,400.00
$ 4,400.00
$ 6,200.00
$ 6,200.00
$5,000
$ 1,000.00
$ 1,500.00
$ 1,500.00
$ 1,260.00
$ 1,260.00
40
Remove Existing Water Sampling Station Assembly
1
EA
$ 1,800.00
$ 1,800.00
$ 2,100.00
$ 2,100.00
$1,000
$ 96,800.00
$ 2,000.00
$ 88,000.00
$ 4,305.00
$ 189,420.00
41
1" Water Service Type K Copper Tubing Small (less than 1 Oft)
44
EA
$ 1,600.00
$ 70,400.00
$ 2,000.00
$ 88,000.00
$2,200
$ 69,300.00
$ 2,200.00
$ 46,200.00
$ 4,830.00
$ 101,430.00
42
1" Water Service Type K Copper Tubing Medium (10- 25ft)
21
EA
$ 2,000.00
$ 42,000.00
$ 4,000.00
$ 84,000.00
$3,300
$ 117,800.00
$ 2,700.00
$ 83,700.00
$ 5,775.00
$ 179,025.00
43
1" Water Service Type K Copper Tubing Large (more than 25ft)
31
EA
$ 4,700.00
$ 145,700.00
$ 6,300.00
$ 195,300.00
$3,800
$ 7,000.00
$ 2,500.00
$ 5,000.00
$ 6,825.00
$ 13,650.00
44
2" Water Service Type K Copper Tubing & Assembly Medium (10-25ft)
2
EA
$ 7,500.00
$ 15,000.00
$ 9,000.00
$ 18,000.00
$3,500
$ 4,000.00
$ 10,000.00
$ 10,000.00
$ 8,295.00
$ 8,295.00
45
2" Water Service Type K Copper Tubing & Assembly Large (more than 25ft)
1
EA
$ 8,500.00
$ 8,500.00
$ 13,000.00
$ 13,000.00
$4,000
$ 42,550.00
$ 200.00
$ 7,400.00
$ 1,155.00
$ 42,735.00
46
1" Customer -Side Water Service Type K Copper Tubing Small (less than 1 Oft)
37
EA
$ 1,100.00
$ 40,700.00
$ 1,200.00
$ 44,400.00
$1,150
$ 25,600.00
$ 500.00
$ 8,000.00
$ 1,470.00
$ 23,520.00
47
1" Customer -Side Water Service Type K Copper Tubing Medium (10-25ft)
16
EA
$ 1,200.00
$ 19,200.00
$ 1,600.00
$ 25,600.00
$1,600
$ 2,700.00
$ 600.00
$ 1,200.00
$ 1,575.00
$ 3,150.00
48
2" Customer -Side Water Service Type K Copper Tubing Small (less than 1 Oft)
2
EA
$ 4,500.00
$ 9,000.00
$ 2,500.00
$ 5,000.00
$1,350
$ 1,800.00
$ 1,000.00
$ 1,000.00
$ 1,785.00
$ 1,785.00
49
2" Customer -Side Water Service Type K Copper Tubing Medium (10-25ft)
1
EA
$ 6,600.00
$ 6,600.00
$ 3,700.00
$ 3,700.00
$1,800
$ 38,130.00
$ 500.00
$ 46,500.00
$ 342.00
$ 31,806.00
50
Water Meter Box - B16
93
EA
$ 800.00
$ 74,400.00
$ 650.00
$ 60,450.00
$410
$ 900.00
$ 1,000.00
$ 1,000.00
$ 735.00
$ 735.00
51
Water Meter Box - Traffic -Rated H2O
1
EA
$ 1,200.00
$ 1,200.00
$ 1,400.00
$ 1,400.00
$900
$ 1,500.00
$ 1,000.00
$ 3,000.00
$ 1,785.00
$ 5,355.00
52
Water Meter Box - Large B36
3
EA
$ 1,100.00
$ 3,300.00
$ 1,900.00
$ 5,700.00
$500
$ 19,400.00
$ 100.00
$ 9,700.00
$ 341.00
$ 33,077.00
53
Remove and Dispose of Water Meter Box and Salvage Meter
97
EA
$ 200.00
$ 19,400.00
$ 250.00
$ 24,250.00
$200
$ 6,000.00
$ 8,000.00
$ 8,000.00
$ 7,140.00
$ 7,140.00
54
Connect to Existing Water 4" Main (incl. shut dawn, tie-in)
1
EA
$ 6,000.00
$ 6,000.00
$ 2,800.00
$ 2,800.00
$6,000
$ 20,100.00
$ 9,000.00
$ 27,000.00
$ 8,295.00
$ 24,885.00
55
Connect to Existing Water 6" Main (incl. shut down, tie-in)
3
EA
$ 9,000.00
$ 27,000.00
$ 4,500.00
$ 13,500.00
$6,700
$ 14,000.00
$ 11,000.00
$ 22,000.00
$ 10,728.00
$ 21,456.00
56
Connect to Existing Water 8" Main (incl. shut dawn, tie-in)
2
EA
$ 6,700.00
$ 13,400.00
$ 5,200.00
$ 10,400.00
$7,000
$ 31,800.00
$ 14,000.00
$ 42,000.00
$ 11,000.00
$ 33,000.00
57
Connect to Existing Water 12" Main (incl. shut down, tie-in)
3
EA
$ 6,500.00
$ 19,500.00
$ 7,500.00
$ 22,500.00
$10,600
$ 10,440.00
$ 250.00
$ 4,500.00
$ 315.00
$ 5,670.00
58
Abandon Existing Water Valve
18
EA
$ 2,500.00
$ 45,000.00
$ 1,500.00
$ 27,000.00
$580
$ 12,600.00
$ 500.00
$ 7,000.00
$ 5,460.00
$ 76,440.00
59
Temporary Service Connections
14
EA
$ 4,600.00
$ 64,400.00
$ 2,700.00
$ 37,800.00
$900
$ 3,000.00
$ 250.00
$ 750.00
$ 1,470.00
$ 4,410.00
60
Repair Sewer Crossing (5' section)
3
EA
$ 1,000.00
$ 3,000.00
$ 2,400.00
$ 7,200.00
$1,000
$ 8,925.00
$ 50.00
$ 5,250.00
$ 39.00
$ 4,095.00
61
Miscellaneous Concrete Repair (Curb & Gutter, Wide Gutter Apron, etc.)
105
LF
$ 58.00
$ 6,090.00
$ 175.00
$ 18,375.00
$85
$ 14,375.00
$ 20.00
$ 11,500.00
$ 23.00
$ 13,225.00
62
Remove and Replace Sidewalk
575
SF
$ 17.00
$ 9,775.00
$ 23.00
$ 13,225.00
$25
$ 2,250.00
$ 30.00
$ 1,500.00
$ 32.00
$ 1,600.00
63
Remove and Replace Concrete Driveway Section
50
SF
$ 17.00
$ 850.00
$ 33.00
$ 1,650.00
$45
$ 48,750.00
$ 100.00
$ 1,500.00
$ 5,100.00
$ 76,500.00
64
Hand Dig Section (1 Unit = 20LF)
15
Unit
$ 2,500.00
$ 37,500.00
$ 4,800.00
$ 72,000.00
$3,250
$ 8,250.00
$ 2,000.00
$ 6,000.00
$ 788.00
$ 2,364.00
65
Remove and Replace Curb Drain
3
EA
$ 290.00
$ 870.00
$ 1,900.00
$ 5,700.00
$2,750
$ 1,250.00
$ 2,000.00
$ 50,000.00
$ 100.00
$ 2,500.00
66
Remove and Replace Curb & Gutter
25
LF
$ 46.00
$ 1,150.00
$ 170.00
$ 4,250.00
$50
$ 4,550.00
$ 100.00
$ 20.00
$ 6.00
$ 2,600.00
$ 60.00
$ 51.00
$ 18.00
$ 6,630.00
$ 180.00
67
Concrete Cap
130
SF
$35
$ 136.00
$ 17,680.00
$ 17.00
$ 2,210.00
68
Allowance for Additional AC Pavement Lift (4" Max)
10
SF
$ 50.00
$ 500.00
$ 25.00
$ 250.00
$10
$ 5,800.00
$ 3,000.00
$ 3,000.00
$ 6,100.00
$ 6,100.00
69
Allowance for Air Release Valve Assembly
1
EA
$ 7,000.00
$ 7,000.00
$ 8,000.00
$ 8,000.00
$5,800
$ 6,000.00
$ 1,500.00
$ 3,000.00
$ 2,205.00
$ 4,410.00
70
Temporary Blow Off Valve Assembly
2
EA
$ 6,000.00
$ 12,000.00
$ 3,300.00
$ 6,600.00
$3,000
$ 6,300.00
$ 150.00
$ 4,500.00
$ 80.00
$ 2,400.00
71
Contaminated Soil Removal Allowance
30
CY
$ 300.00
$ 9,000.00
$ 170.00
$ 5,100.00
$210
$ 2,000.00
$ 10,000.00
$ 500.00
$ 20,000.00
$ 1,000.00
$ 2,000.00
$ 20,000.00
$ 1,000.00
$ 1,155.00
$ 6,300.00
$ 2,730.00
$ 4,620.00
$ 6,300.00
$ 2,730.00
72
Dielectric Blanket
4
EA
$500
$ 1,000.00
$ 4,000.00
$ 500.00
$ 2,000.00
73
Striping & Signage
1
LS
$10,000
$ 25,000.00
$ 25,000.00
$ 29,000.00
$ 29,000.00
74
Remove Ex Dead Man Rodded to 12" x 8" Reducer
1
EA
$ 3,000.00
$ 2,000.00
$ 2,000.00
$ 1,000.00
$ 1,000.00
$3,000
Page 2 of 3
Glenwood Park Subdivision Water Main Improvements, City Project No. 84891
Water Service Replacement Program, City Project No. 86300
BID SUMMARY
BID OPENING: TUESDAY,MAY 30, 2023 at 2:30 P.M.
Engineer's Estimate
Cratus, Inc.
Mitchell Engineering
Golden Bay Construction
JMB Construction
ITEM
ITEM DESCRIPTION
No.
CITY
I UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
Burlingame Park Water Main Improvements Project (Schedule A)
$ 2,991,410.24
$ 2,708,160.00
$ 4,012,015.00
$ 3,104,603.00
$ 3,316,810.00
Water Service Replacement Program, City Project No. 86300 (Schedule B)
$ 83,896.56
$ 124,400.00
1
$ 190,000.00
1
$ 126,131.00
1
$ 165,250.00
Bid Alternate Ralston (Schedule C)
$ 238,542.59
1
260,000.00
1
$ 383,610.00
1
$ 244,728.00
1
$ 316,130.00
TOTAL Base Bid (Schedule A + Schedule B)
$ 3,075,306.80
$ 2,832,560.00
$ 4,202,015.00
$ 3,230,734.00
$ 3,482,060.00
PROJECT TOTAL (Schedule A + Schedule B+Schedule C)
$ 3,313,849.39
$ 3,092,560.00
$ 4,585,625.00
$ 3,475,462.00
$ 3,798,190.00
Page 3 of 3
AGREEMENT FOR PUBLIC IMPROVEMENT
BURLINGAME PARK SUBDIVISION WATER MAIN REPLACEMENT, CITY
PROJECT NO. 84892 & WATER SERVICE REPLACEMENT PROGRAM,
CITY PROJECT NO. 86300
THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame,
County of San Mateo, State of California on , 2023 by and
between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City",
and Cratus Inc. a California Corporation, hereinafter called "Contractor."
WITNESSETH:
WHEREAS, City has taken appropriate proceedings to authorize construction of
the public work and improvements herein provided for and to authorize execution of this
Contract; and
WHEREAS, pursuant to State law and City requirements, a notice was duly
published for bids for the contract for the improvement hereinafter described; and
WHEREAS, on June 20, 2023, after notice duly given, the City of Burlingame
awarded the contract for the construction of the improvements hereinafter described to
Contractor, which the City found to be the lowest responsive, responsible bidder for these
improvements; and
WHEREAS, City and Contractor desire to enter into this Agreement for the
construction of said improvements.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Scope of work.
Contractor shall perform the work described in those Contract Documents entitled:
BURLINGAME PARK SUBDIVISION WATER MAIN REPLACEMENT PROJECT
CITY PROJECT NO. 84892
2. The Contract Documents.
The complete contract between City and Contractor consists of the following
documents: this Agreement; Notice Inviting Sealed Bids, attached hereto as Exhibit A;
the accepted Bid Proposal, attached hereto as Exhibit B; the specifications, provisions,
addenda, complete plans, profiles, and detailed drawings contained in the bid documents
AGREEMENT-1
titled "Burlingame Park Subdivision Water Main Replacement Project, City Project No.
84892" attached as Exhibit C; the State of California Standard Specifications 2010, as
promulgated by the California Department of Transportation; prevailing wage rates of the
State of California applicable to this project by State law; and all bonds; which are
collectively hereinafter referred to as the Contract Documents. All rights and obligations
of City and Contractor are fully set forth and described in the Contract Documents, which
are hereby incorporated as if fully set forth herein. All of the above described documents
are intended to cooperate so that any work called for in one, and not mentioned in the
other, or vice versa, is to be executed the same as if mentioned in all said documents
3. Contract Price.
The City shall pay, and the Contractor shall accept, in full, payment of the work
above agreed to be done, the sum of three million, ninety-two thousand and five hundred
sixty dollars ($3,092,560), called the "Contract Price". This price is determined by the lump
sum and unit prices contained in Contractor's Bid. In the event authorized work is
performed or materials furnished in addition to those set forth in Contractor's Bid and the
Specifications, such work and materials will be paid for at the unit prices therein contained.
Said amount shall be paid in progress payments as provided in the Contract Documents.
4. Termination
At any time and with or without cause, the City may suspend the work or any
portion of the work for a period of not more than 90 consecutive calendar days by notice
in writing to Contractor that will fix the date on which work will be resumed. Contractor
will be granted an adjustment to the Contract Price or an extension of the Time for
Completion, or both, directly attributable to any such suspension if Contractor makes a
claim therefor was provided in the Contract Documents.
The occurrence of any one or more of the following events will justify termination
of the contract by the City for cause: (1) Contractor's persistent failure to perform the
work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or
Regulations of any public body having jurisdiction; (3) Contractor's disregard of the
authority of the Engineer; or (4) Contractor's violation in any substantial way of any
provision of the Contract Documents. In the case of any one or more of these events, the
City, after giving Contractor and Contractor's sureties seven calendar days written notice
of the intent to terminate Contractor's services, may initiate termination procedures under
the provisions of the Performance Bond. Such termination will not affect any rights or
remedies of City against Contractor then existing or that accrue thereafter. Any retention
AGREEMENT-2
or payment of moneys due Contractor will not release Contractor from liability. At the
City's sole discretion, Contractor's services may not be terminated if Contractor begins,
within seven calendar days of receipt of such notice of intent to terminate, to correct its
failure to perform and proceeds diligently to cure such failure within no more than 30
calendar days of such notice.
Upon seven calendar days written notice to Contractor, City may, without cause
and without prejudice to any other right or remedy of City, terminate the Contract for City's
convenience. In such case, Contractor will be paid for (1) work satisfactorily completed
prior the effective date of such termination, (2) furnishing of labor, equipment, and
materials in accordance with the Contract Documents in connection with uncompleted
work, (3) reasonable expenses directly attributable to termination, and (4) fair and
reasonable compensation for associated overhead and profit. No payment will be made
on account of loss of anticipated profits or revenue or other economic loss arising out of
or resulting from such termination.
5. Provisions Cumulative.
The provisions of this Agreement are cumulative and in addition to and not in
limitation of any other rights or remedies available to the City.
6. Notices.
All notices shall be in writing and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
Kevin Okada, Senior Engineer
City of Burlingame
501 Primrose Road
Burlingame, California 94010
Notices required to be given to Contractor shall be addressed as follows:
Liam Finnegan, CEO/President
Cratus Inc.
945 Taraval Street #302
San Francisco, CA 94116
7. Interpretation
As used herein, any gender includes the other gender and the singular includes
the plural and vice versa.
AGREEMENT-3
8. Waiver or Amendment.
No modification, waiver, mutual termination, or amendment of this Agreement is
effective unless made in writing and signed by the City and the Contractor. One or more
waivers of any term, condition, or other provision of this Agreement by either party shall
not be construed as a waiver of a subsequent breach of the same or any other provision.
9. Controllina Law.
This Agreement is to be governed by and interpreted in accordance with the laws
of the State of California.
10. Successors and Assianees.
This Agreement is to be binding on the heirs, successors, and assigns of the
parties hereto but may not be assigned by either party without first obtaining the written
consent of the other party.
11. Severability.
If any term or provision of this Agreement is deemed invalid, void, or unenforceable
by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement
shall not be affected thereby and shall remain in full force and effect.
12. Insurance.
12.1 Time for Comaliance. Contractor shall not commence Work under this
Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under
this Section.
12.2 Minimum Requirements. Contractor shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or
subcontractors. Contractor shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall
meet at least the following minimum levels of coverage:
AGREEMENT-4
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance
as required by the State of California and Employer's Liability Insurance. The policy shall
not contain any exclusion contrary to the Agreement, including but not limited to
endorsements or provisions limiting coverage for (1) contractual liability (including but not
limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured
against another.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with general aggregate limit is used including, but not limited to, form CG 2503,
either the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 combined single limit for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as
required by the Labor Code of the State of California. Employer's Liability limits of
$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in
addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days
prior to the expiration of any such policy, evidence showing that such insurance coverage
has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through
another insurance company or companies. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not
replaced, the City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by the City will be promptly reimbursed by Contractor or the City
may withhold amounts sufficient to pay premium from Contractor payments. In the
alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of Burlingame, its officials, officers, employees,
agents, and volunteers shall be named as additional insureds on Contractor's and its
subcontractors' policies of commercial general liability and automobile liability insurance
AGREEMENT-5
using the endorsements and forms specified herein or exact equivalents.
12.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed
(amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of Burlingame, its officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the
Contractor, including materials, parts or equipment furnished in connection with such
work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage,
the insurance coverage shall be primary insurance as respects the City, its officials,
officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Contractor's scheduled underlying coverage. Any excess
insurance shall contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of the City, before the City's own primary insurance
or self-insurance shall be called upon to protect it as a named insured. Any insurance or
self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor's insurance and shall not be called upon to
contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds
pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be
endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Contractor or for which the Contractor is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Contractor's scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor's insurance and shall not be called upon to
contribute with it in any way. Notwithstanding the minimum limits set forth in Section
AGREEMENT-6
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds
pursuant to this Section 3.2.11.3(B).
(C) Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the City, its officials, officers,
employees, agents, and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled
except after thirty (30) days (10 days for nonpayment of premium) prior written notice by
certified mail, return receipt requested, has been given to the City; and (B) any failure to
comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its officials, officers, employees, agents,
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
12.4 Seaaration of Insureds: No Special Limitations: Waiver of Subroaation.
All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its officials, officers, employees, agents, and
volunteers. All policies shall waive any right of subrogation of the insurer against the City,
its officials, officers, employees, agents, and volunteers, or any other additional insureds,
or shall specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against City, its officials, officers, employees, agents, and
volunteers, or any other additional insureds, and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
12.5 Deductibles and Self -Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officials, officers,
employees, agents, and volunteers; or (2) the Contractor shall procure a bond
AGREEMENT-7
guaranteeing payment of losses and related investigation costs, claims and administrative
and defense expenses.
12.6 Subcontractor Insurance Requirements. Contractor shall not allow
any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have
secured all insurance required under this Section. If requested by Contractor, the City
may approve different scopes or minimum limits of insurance for particular
subcontractors. The Contractor and the City shall be named as additional insureds on all
subcontractors' policies of Commercial General Liability using ISO form 20 38, or
coverage at least as broad.
12.7 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A-:VIII, licensed to do business in California,
and satisfactory to the City.
12.8 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
12.9 Reporting of Claims. Contractor shall report to the City, in addition to
Contractor's insurer, any and all insurance claims submitted by Contractor in connection
with the Services under this Agreement.
13. Indemnification.
Contractor shall indemnify, defend, and hold the City, its directors, officers,
employees, agents, and volunteers harmless from and against any and all liability, claims,
suits, actions, damages, and causes of action arising out of, pertaining or relating to the
actual or alleged negligence, recklessness or willful misconduct of Contractor, its
employees, subcontractors, or agents, or on account of the performance or character of
the services, except for any such claim arising out of the sole negligence or willful
misconduct of the City, its officers, employees, agents, or volunteers. It is understood
AGREEMENT-8
that the duty of Contractor to indemnify and hold harmless includes the duty to defend as
set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for
any design professional services, the duty to defend and indemnify City shall be limited
to that allowed by state law. Acceptance of insurance certificates and endorsements
required under this Agreement does not relieve Contractor from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause
shall apply whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
AGREEMENT-9
IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting
of five pages, including this page, each of which counterparts shall for all purposes be
deemed an original of this Agreement, have been duly executed by the parties
hereinabove named on the day and year first hereinabove written.
CITY OF BURLINGAME,
a Municipal Corporation
By
Lisa K. Goldman, City Manager
Approved as to form:
Michael Guina, City Attorney
ATTEST:
Meaghan Hassel -Shearer, City Clerk
CONTRACTOR
By
Print Name:
Company Name: Cratus Inc.
AGREEMENT - 10
AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES WITH COASTLAND I DCCM FOR THE BURLINGAME
PARK SUBDIVISION WATER MAIN REPLACEMENT PROJECT
& WATER SERVICE REPLACEMENT PROGRAM
CITY PROJECT NOS. 84892 & 86300
THIS AGREEMENT is entered into this day of , 2023,
by and between the City of Burlingame, State of California, herein called the "City", and
Coastland I DCCM engaged in providing Professional Construction Management and
Inspection services herein called the "Consultant".
RECITALS
A. The City is considering conducting activities for consultant to provide construction
management and inspection services for the Burlingame Park Subdivision Water
Main Replacement Project, City Project No. 84892 and Water Service
Replacement Program, City Project No. 86300.
B. The City desires to engage a professional engineering consultant to provide
construction management and inspection services because of Consultant's
experience and qualifications to perform the desired work, described in Exhibit A.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide professional engineering services
such as pre -construction meetings, site visits and documentation; daily field
inspections; progress meetings; status reports; cost andschedule management;
public relations and outreach; project closeout; and as detailed in "Scope of
Services" of the attached Exhibit A of this agreement.
2. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement with completion of all work by December 31, 2024.
Page 1 of 8
3. Compliance with Laws. The Consultant shall comply with all applicable laws,
codes, ordinances, and regulations of governing federal, state and local laws.
Consultant represents and warrants to City that it has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for
Consultant to practice its profession. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Agreement any licenses, permits, and approvals which
are legally required for Consultant to practice its profession. Consultant shall
maintain a City of Burlingame business license.
4. Sole Responsibility. Consultant shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
5. Information/Report Handling. All documents furnished to Consultant by the City
and all reports and supportive data prepared by the Consultant under this
Agreement are the City's property and shall be delivered to the City upon the
completion of Consultant's services or at the City's written request. All reports,
information, data, and exhibits prepared or assembled by Consultant in connection
with the performance of its services pursuant to this Agreement are confidential
until released by the City to the public, and the Consultant shall not make any of
these documents or information available to any individual or organization not
employed by the Consultant or the City without the written consent of the City
before such release. The City acknowledges that the reports to be prepared by
the Consultant pursuant to this Agreement are for the purpose of evaluating a
defined project, and City's use of the information contained in the reports prepared
by the Consultant in connection with other projects shall be solely at City's risk,
unless Consultant expressly consents to such use in writing. City further agrees
that it will not appropriate any methodology or technique of Consultant which is
and has been confirmed in writing by Consultant to be a trade secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall not
exceed 362 535; and payment shall be based upon City approval of each task.
Billing shall include current period and cumulative expenditures to date and shall
be accompanied by a detailed explanation of the work performed by whom at what
rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for City review, even if only in partial or draft form.
7. Availability of Records. Consultant shall maintain the records supporting this billing
for not less than three (3) years following completion of the work under this
Page 2 of 8
Agreement. Consultant shall make these records available to authorized
personnel of the City at the Consultant's offices during business hours upon written
request of the City.
8. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Mike Janet, Construction Department Manager.
9. Assignability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Consultant. No portion of these
services shall be assigned or subcontracted without the written consent of the City.
10. Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
To City: Kevin Okada, Senior Engineer
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To Consultant: Mike Janet, Construction Department Manager
Coastland I DCCM
14000 Neotomas Avenue
Santa Rosa, CA 95405
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to City.
11. Independent Contractor. It is understood that the Consultant, in the performance
of the work and services agreed to be performed, shall act as and be an
independent contractor and not an agent or employee of the City. As an
independent contractor he/she shall not obtain any rights to retirement benefits or
other benefits which accrue to City employee(s). With prior written consent, the
Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or
assign or transfer interests under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated for
its costs and expenses in preparing for, traveling to, and testifying in such matters
at its then current hourly rates of compensation, unless such litigation is brought
Page 3 of 8
by Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
12. Conflict of Interest. Consultant understands that its professional responsibilities is
solely to the City. The Consultant has and shall not obtain any holding or interest
within the City of Burlingame. Consultant has no business holdings or agreements
with any individual member of the Staff or management of the City or its
representatives nor shall it enter into any such holdings or agreements. In addition,
Consultant warrants that it does not presently and shall not acquire any direct or
indirect interest adverse to those of the City in the subject of this Agreement, and
it shall immediately disassociate itself from such an interest should it discover it
has done so and shall, at the City's sole discretion, divest itself of such interest.
Consultant shall not knowingly and shall take reasonable steps to ensure that it
does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed
a person with a direct or indirect interest that would conflict with its performance of
this Agreement, Consultant shall promptly notify City of this employment
relationship, and shall, at the City's sole discretion, sever any such employment
relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal
employment opportunity. Neither Consultant nor its subcontractors do and neither
shall discriminate against persons employed or seeking employment with them on
the basis of age, sex, color, race, marital status, sexual orientation, ancestry,
physical or mental disability, national origin, religion, or medical condition, unless
based upon a bona fide occupational qualification pursuant to the California Fair
Employment & Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and
his/her firm to an amount not less than: One million dollars
($1,000,000) combined single limit per occurrence and two million
dollars ($2,000,000) aggregate for bodily injury, personal injury and
property damage in a form at least as broad as ISO Occurrence Form
CG 0001.
Page 4 of 8
ii. Consultant agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him/her
and his/her staff to an amount not less than one million dollars
($1,000,000) combined single limit per accident for bodily injury and
property damage.
iii. Consultant agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than two
million dollars ($2,000,000) each claim/aggregate sufficient to insure
Consultant for professional errors or omissions in the performance
of the particular scope of work under this agreement.
iv. Any deductibles or self -insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self -insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense
expenses.
B. General and Automobile Liability Policies:
The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the
Consultant. The endorsement providing this additional insured
coverage shall be equal to or broader than ISO Form CG 20 10 11
85 and must cover joint negligence, completed operations, and the
acts of subcontractors. This requirement does not apply to the
professional liability insurance required for professional errors and
omissions.
ii. The Consultant's insurance coverage shall be endorsed to be
primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self -insurances
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
Page 5 of 8
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
C. Workers' Compensation and Employers Liability Coverage:
In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law.
Further, Consultant shall ensure that all subcontractors employed by
Consultant provide the required Workers' Compensation insurance
for their respective employees.
ii. The insurer shall agree to waive all rights of subrogation against the
City of Burlingame, its officers, officials, employees, or volunteers
for losses arising from work performed by the Company for the City
of Burlingame.
D. All Coverages: Each insurance policy required in this item shall be
endorsed to state that coverage shall not be canceled except after thirty
(30) days' prior written notice by mail, has been given to the City (10 days
for non-payment of premium). Current certification of such insurance shall
be kept on file at all times during the term of this agreement with the City
Clerk.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a
Best's rating of no less than A-:VII and authorized to do business in the
State of California.
F. Verification of Coverage: Upon execution of this Agreement, Contractor
shall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms approved by the City. All certificates
and endorsements are to be received and approved by the City before any
work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Page 6 of 8
15. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep
and hold harmless indemnify and defend the City, its officers, employees,
authorized agents and volunteers from all damages, liabilities, penalties, costs, or
expenses in law or equity, including but not limited to attorneys' fees, that may at
any time arise, result from, relate to, or be set up because of damages to property
or personal injury received by reason of, or in the course of performing work which
arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the
negligence, recklessness, or willful misconduct of Consultant, or any of the
Consultant's officers, employees, or agents or any subconsultant. This provision
shall not apply if the damage or injury is caused by the sole negligence, active
negligence, or willful misconduct of the City, its officers, agents, employees, or
volunteers.
16. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be governed
by and construed under the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior Court of the County of San
Mateo.
18. Termination of Agreement. The City and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15)
days written notice of termination. In the event of termination, the Consultant shall
deliver to the City all plans, files, documents, reports, performed to date by the
Consultant. In the event of such termination, City shall pay Consultant an amount
that bears the same ratio to the maximum contract price as the work delivered to
the City bears to completed services contemplated under this Agreement, unless
such termination is made for cause, in which event, compensation, if any, shall be
adjusted in light of the particular facts and circumstances involved in such
termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the City and the
Consultant.
Page 7 of 8
20. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of the Agreement between the City and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this
Agreement, unless hereafter made in writing and signed by the party to be bound,
shall be binding on either party.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date indicated on page one (1).
City of Burlingame
Syed Murtuza
Public Works Director
Approved as to form:
City Attorney — Michael Guina
ATTEST:
City Clerk - Meaghan Hassel -Shearer
"Consultant"
BV
Coastland I DCCM
Print Name:
Title:
Page 8 of 8
EXHIBIT A
COASTLAND Y"ICI
May 26, 2023
Weizhi Cheng, PE
Associate Engineer
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Subject: Proposal for Construction Management and Inspection Services for the Burlingame Park
Subdivision Water Main Replacement Project
Dear Weizhi:
Based on our conversations, Coastland I DCCM is pleased to provide you with this letter proposal to provide
Construction Management (CM) and Inspection services to the City for the Burlingame Park Subdivision
Water Main Replacement Project.
PROJECT UNDERSTANDING
The Burlingame Park Subdivision Water Main Improvements Project (Project) consists of installing new
water mains in the City of Burlingame. Base Bid Schedule A includes approximately 10 linear feet of new
12-inch, 2,190 linear feet of new 8-inch, 2,940 linear feet of new 6-inch and 15 linear feet of new 4-inch
Ductile Iron Pipe (DIP) water main on Howard Avenue, Occidental Avenue, Chapin Avenue, Ralston
Avenue and the intersection of Ralston Avenue and Pepper Avenue. The existing water mains will be
abandoned in place. The construction method is anticipated to be conventional open trench and the water
main will typically be installed at three feet minimum cover. Water mains shall be DIP throughout the entire
project. Work also consists of installing new 1 and 2-inch water services totaling approximately 2,800 linear
feet and city furnished water meters for customer connections. Eight fire hydrant assemblies will be
removed and replaced, and two new fire hydrant assemblies will be installed. One water sampling station
will be removed and replaced. Miscellaneous concrete and asphalt work will be performed as needed, and
will consist of approximately 575 square feet of sidewalk, 50 square feet of concrete driveway, and 130
square feet of concrete cap work. Work will also consist of traffic control and miscellaneous concrete and
asphalt work for pavement restoration within the limits of the Town of Hillsborough, where an encroachment
permit is required.
Base Bid Schedule B includes work installing new 1-inch water services totaling approximately 325 linear
feet and city furnished water meters for customer service connections at 13 locations outside of the
Burlingame Park project area. Work will also consist of traffic control and miscellaneous concrete and
asphalt work for pavement restoration at these select locations.
Bid Alternate 1 Schedule C includes approximately 470 linear feet of new 6-inch DIP water main on Ralston
Avenue and at the intersections of Ralston Avenue and Pepper Avenue and Ralston Avenue and Elm
Avenue. The existing water mains will be abandoned in place. The construction method is anticipated to be
conventional open trench and the water main will typically be installed at three feet minimum cover. Water
mains shall be DIP throughout the entire project. Work also consists of installing new 1-inch water services,
approximately 100 linear feet, and city furnished water meters for customer connections. One fire hydrant
assembly will be removed and replaced. Miscellaneous concrete and asphalt work will be performed as
Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 420 Executive Court North, Ste. G
Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534
Tel:707.571.8005 Tel:530.888.9929 Tel:925.233.5333 Tel:707.702.1961
www.Coastland I DCCMcivil.com
needed and will consist of approximately 50 linear feet of curb and gutter, and 10 square feet of valley
gutter.
Work shall be completed within 150 working days. The engineer's construction estimate is $3,230,000.
SCOPE OF WORK
Coastland I DCCM's overall approach to performing Construction Management and Inspection focuses on
teaming with City forces to produce a high -quality, cost-effective project. Our Construction Manager and
Inspector will keep the City informed regarding costs, changes, public relations, and construction progress.
We will coordinate closely with the City and the property owners for the entire project duration. From the
onset of the project, we will establish the lines of communication and decision -making roles with all project
stakeholders. Based on our understanding of the project our scope of services is as follows:
TASK 1 — PRE -CONSTRUCTION MEETING
Immediately following the Notice to Proceed, our Construction Manager will schedule and administer the
pre -construction meeting. During this meeting we will establish lines of communication and decision making
roles with all project stakeholders. We will also discuss safety requirements, responsibilities of the project
team members, working hours, quality control procedures, submittal requirements, project schedule,
change order and potential claim procedures, and safety procedures.
Coastland I DCCM will be responsible for generating pre -construction meeting invitations including the
meeting agenda. Agenda items include lines of communication, public relations, safety, submittals, change
procedures, payments, progress schedules, contract time, requests for information, and other applicable
items. Coastland I DCCM will prepare and distribute meeting minutes to all parties.
Following the pre -construction meeting, Coastland I DCCM will continue to work with the City team,
contractor, and Coastland I DCCM's design team to ensure that all project issues are addressed promptly
and that the City's best interests are considered at all times.
TASK 2 — PRE -CONSTRUCTION SITE VISIT AND DOCUMENTATION
Coastland I DCCM will take pre -construction digital photos of the construction site with special attention
given to sensitive areas including any private residences and businesses adjacent to the project.
Documenting the site prior to construction will help mitigate possible disputes between the City, contractor
and property owners within or adjacent to the project limits. These photos will be logged and filed with the
project files.
TASK 3 — PROJECT START-UP
Coastland I DCCM will assemble project files in accordance with the City's standard format. Coastland
DCCM utilizes a centralized system for document control to create, store, organize, track, and link all project
information. Our digital record -keeping will ensure the constant flow of documentation to a form that quickly
and easily identifies trends and critical issues and will help keep the project moving as it helps document
the work.
TASK 4 - DAILY FIELD INSPECTIONS AND DOCUMENTATION
A critical aspect of our services is maintaining close communication with City staff to ensure scheduling
goals are met. To help maintain close communication, Coastland I DCCM's inspector will be accessible to
the City at all times at the project site and through the use of email and cellular phones. Coastland I DCCM's
on -site inspector will examine all construction activities to ensure that the contract work adheres to the
contract documents, City standards and the established schedule.
COASTLAND
We will maintain records and provide documentation of the work in the form of daily reports, weekly
summary of construction activities, deficiency lists, and progress photographs of construction activities.
Daily reports will describe the contractor's level of effort, specific work being done, started, or finished, and
relevant points raised by the contractor that may require consideration and response. We also document
proposed change orders and claims, important conversations, safety issues or accidents, extra work in
progress, materials testing performed, information for "as -built" drawings, quantities for progress payments,
environmental concerns and hazardous materials.
Coastland I DCCM will provide a digital photo logbook of construction activities, progress, and areas of
concern or interest. The photo log will be compiled on a portable storage device (USB drive) and will identify
the location and date of each photo. The log will be maintained through the duration of the project to assure
continuity from one week to the next and will be submitted to the City at the close of the project.
Coastland I DCCM will continually review the specifications and plans to ensure the work is of good quality
and meets the requirements of the contract documents. Coastland I DCCM will immediately report any
deviation from the approved contract documents.
Our inspector will identify actual and potential problems and provide solutions. We will maintain daily
documentation and resolve issues by proposing field changes and avoid any delays.
Our inspector will review the Contractor's traffic control plan to make certain that access is maintained
during construction.
In summary, our Inspector's responsibilities include:
• Represent the City in ensuring that the terms of the construction contract are followed throughout the
term of the project.
• Participate in regular meetings called by the Construction Manager.
• Protect the interest of the City.
• Daily inspection of the contractor's work for conformance to the contract documents, codes, regulations,
and City standards.
• Prepare and submit daily inspection reports that document all job site activities.
• Serve as a daily contact for the contractor as to performance of the construction.
• Respond promptly to City requests.
• Verify construction material quantities.
• Monitor traffic control procedures.
• Distribute notifications to impacted public regarding the status of construction.
• Document construction activities with photographs and maintain a photo log.
• Respond to calls from the public promptly and log any complaints in a timely manner.
• Work overtime as needed to assure presence on site during all construction activities.
• Document and maintain complete field files containing construction period correspondences, changes,
discussions with contractor, memos, reports, and other pertinent items.
TASK 5 — PROGRESS MEETINGS
Coastland I DCCM will conduct weekly coordination and progress meetings to focus on completed and
upcoming work, any construction delays, schedule updates, proposed changes, change orders,
contractor's questions, public relations, safety and other concerns that are identified by a project team
member. We will work to foster honest, open communication at these weekly meetings which will help in
timely resolution of any disputes and/or potential claims.
COASTLAND
TASK 6 — STATUS REPORTS AND DOCUMENTATION
Task 6a — Reports
Complete and accurate record keeping will be an essential component of this project. We will ensure project
documents and certified payroll are complete and correct sub -contractors are used. We will keep the City
informed and document all construction issues with the following:
• Weekly Statement of Working Days
• Progress Meeting Minutes
• Field Directive Log
• Change order tracking
• Regular phone calls and a -mails
Task 6b — Submittal Management
Coastland I DCCM will coordinate all submittals and monitor the status of the submittals to assure the
contractor provides timely response. At the pre -construction conference, we will provide the contractor with
a log of all required submittals and due dates. Submittals will be stamped, logged and distributed to the
designer for complete review and approval. Submittals will be filed numerically and approved copies will
be distributed to the City, project members, and the contractor.
Task 6c — Requests for Information (RFI)
Coastland I DCCM will receive and log all Requests for Information (RFI's) from the contractor, and forward
the RFI to the designer. Coastland I DCCM will track the status of all RFI's by generating a weekly RFI log
that lists the "Balkin-court" status, description, and if an RFI results in a potential change order.
Task 6d — Change Order Management
In the event that a change order is required, Coastland I DCCM will negotiate the changes with the
contractor and prepare documentation. All changes will be approved by the contractor, Coastland I DCCM
and the City prior to starting work on the change. With the City's approval, Coastland I DCCM can negotiate
with the contractor to produce the best construction method for the change at the lowest cost. If a change
order requires input from the design engineer, our Construction Manager will coordinate with them to
ensure it is reviewed. A Change Order Log will be created that will show Change Order number,
description, status, approved date, start and completion dates and cost.
TASK 7 — CONSTRUCTION MANAGEMENT
Our goal is to ensure that construction and contract administration are performed in compliance with City
requirements and standards, and the project plans and specifications. To accomplish this goal, our
Construction Manager will manage the day-to-day construction activities with the contractor. He will be
accessible to the City at all times. The Construction Manager will be responsible for keeping the City
informed of the progress of the project, changes that may be needed, pay estimate input and releasing
information to the public. In addition, our Construction Manager will complete all contract administration
documentation in a timely, accurate and orderly fashion.
In summary, our Construction Manager's responsibilities include:
• Continuous communication and coordination with the contractor through regular progress meetings.
• Review and routing of project submittals and RFIs.
Prepare project pay estimates and maintain records associated with the project's federal funding
requirements.
Accept work performed or, if work is rejected, work with contractor to correct construction errors.
Prepare and approve Contract Change Orders.
• Provide claims management.
COASTLAND
• Monitor permit and environmental compliance.
• Confirm labor compliance.
• Develop a project punch list and make recommendations for project acceptance.
• Prepare As -Built plans.
• Maintain an up-to-date construction file containing all records associated with the construction of the
project.
TASK 8 — COST AND SCHEDULE MANAGEMENT
Coastland I DCCM will continually review the construction progress and perform field measurements and
quantity calculations. Each month, Coastland I DCCM will provide accurate calculations for all work items
completed and accepted to provide progress payment recommendations to the City. Coastland I DCCM
will review the contractor's progress pay estimate request and schedule of values to assess if they are
reasonable, and will compare this to the field measurements and quantity calculations. We will continually
monitor project costs and keep the City informed regularly.
Coastland I DCCM will review the contractor's construction schedule for accuracy, reasonableness, and
will verify that it meets the project schedule, order of work, and contract requirements. Progress schedules
will be reviewed weekly to ensure the contractor is meeting the critical dates. If the contractor fails to meet
critical dates, it will immediately be brought to his attention and remedies to get back on schedule will be
accomplished. Schedule updates may be required once a month or more. We will negotiate any time
extensions for the contractor due to change orders, weather, or other delays. Coastland I DCCM will also
maintain an as -built progress schedule.
TASK 9 - PUBLIC RELATIONS AND NOTIFICATIONS
Coastland I DCCM will ensure every effort is made to keep residents and businesses informed of
construction progress and minimize disruptions due to limited access and excessive noise. Our
Construction Manager will proactively meet with property owners prior to and during construction to address
any concerns from those affected by the project.
We will monitor traffic control and flagging procedures to ensure construction proceeds smoothly and public
impact is minimized. There may be traffic delays during peak traffic periods. Accordingly, we will keep all
residents and businesses informed on construction status and impacts through the use of message boards
and notification letters. Our Construction Manager will also make introductions to the affected properties
and provide his 24-hour contact phone number as appropriate. Coastland I DCCM will ensure that
Contractor provides advanced notice to residents and businesses, as required by the specifications,
regarding roadwork and lane closures.
Coastland I DCCM will log and respond to questions and concerns from the public in a timely manner and
will record the contractor's activities as they relate to public safety and public convenience.
Additionally, our inspector will accurately document pre -construction conditions with a photo log to verify
the project area is restored to its original form following construction.
TASK 10 — POST -CONSTRUCTION MEETING
Following completion of the work, Coastland I DCCM will organize and conduct the post -construction
meeting. The meeting will document all requirements necessary for final closeout and payment, and confirm
all contract obligations have been met. Recommendations for improvement will be made and incorporated
into future projects. The results of the meeting will be summarized in meeting minutes.
COASTLAND
TASK 11 — PROJECT CLOSEOUT
Coastland I DCCM will verify completion of punch list items, issue notice of completion, prepare
recommendations for final acceptance of the project, review as-builts for accuracy and completeness,
prepare and recommend final payment, and transmit all construction documentation to the City. At the
completion of the project, we will provide the City with the following:
■ All contract files and records (hard & electronic files)
■ Annotated journal of photos and CD of digital photos
■ As -built project schedule
OPTIONAL TASKS
If requested by the City, conflict resolution & claim management can be added under an amendment on a
Time & Materials basis.
SCHEDULE
We understand that proper construction management is a priority for the City. Work is anticipated to
commence in September 2023 and upon receipt of the Notice to Proceed and is expected to continue for
150 days.
WORK ESTIMATE
Based on the Scope of Work outlined in our proposal, we have prepared a comprehensive budget that
identifies staffing rates, total hours and costs per task and direct expenses. Inspector rates are in
compliance with current California General Prevailing Wage Rate Determinations.
We propose to provide our services on a time -and -materials basis with a not -to -exceed amount. Our
proposal is based on a project duration of 150 working days and part-time construction management as
outlined in our work estimate. We propose to provide full-time inspection at 40 hours per week and estimate
inspector overtime at 130 hours for typical overrun.
Our proposal also includes factors such as attending meetings, project closeout and vehicle costs. Based
on these items, we estimate the not -to -exceed fee to be $362,535 (see attached Work Estimate). If the
contract time extends beyond 150 working days, or the scope or level of services change, our costs may
also increase. Similarly, if the contract time is reduced, charges will decrease accordingly.
This estimate has been created to show the overall cost for comprehensive Construction Management and
Inspection services on the project. We welcome the opportunity to speak with you regarding the scope of
services. Please feel free to contact us if you have any questions or concerns regarding this estimate.
COASTLAND
Coastland I DCCM maintains a current DI registration number (1000927467, exp. 6/30/2023). We greatly
appreciate the opportunity to serve the City of Burlingame. Please let me know if you have questions.
Sincerely,
COASTLAND I DCCM CIVIL ENGINEERING, INC.
John Wanger, PE
CEO
Mike Janet
Construction Department Manager
COABTLANO
1�5
WORK ESTIMATE
Burlingame Park Subdivision
Water Main Replacement
PROPOSAL FOR
CONSTRUCTION MANAGEMENT &
INSPECTION SERVICES
Cityof Burlingame
Task No.
Task Information
Constructi°O
Manager/RE
Inspector
Inspector oT
Admin
Direct
Costs
Total
Hours
Total
Costs
Comments
$185
$160
$240
$100
1
Pre -Construction Meeting
4
4
111111111
8
$1,380
Agendas/conduct meeting
2
Slte Visit & Documentation
4
24
28
$4,580
Constructability Job walk / pholos/Meet with City
3
Project Start -Up
8
6
1
15
$2,540
Assemble filing / CM program
4
Daily Field Inspections & Documentation
866
866
$138,560
Based on 150 working days of field work
5
Progress Meetings & Coordination
90
60
150
$26,250
Assume attendance @ 30 milts
6
Status Reports & Documentation
50
50
1
101
$17,350
ReNew progress/documentabon
6a
Reports
50
50
1
101
$17,350
Status/Daily updates to City
66
I Submittal Management
50
10
60
$10,850
Based on 25 Submittals
6c
Requests For Information
60
20
1
81
$14,400
Based on 40 RFI's
6d
Change Order Management
20
10
30
$5,300
Based on 5 change orders
7
Construction Management
188
188
$34,780
30 weeks at part time
8
lCost and Schedule Management
32
16
48
$8 480
Based on 8 monthly payrneTt
9
Public Relations & Notifications
24
48
72
$12,120
Notices/meeting/coordination etc
10
Utility Coordination
10
20
30
$5,050
Coordinaton/spot inspection
11
Post Construction Meeting
4
4
8
$1,380
Walk through
12
1 Compaction Testing
$0
1 TBD
$0
13
Project Closeout
6
12
1
19
$3,130
As-buills/files
Photographs & video
$125
$125
Vehicle/Equipment expenses
$27,710
$27,710
1,630 hours x$17/hr-$25,840
Total Hours
600
1,200
130
5
1,935
Subtotal
$111,000
$192,000
$31,200
$500
$27,835
1 $362,535
Project Total
$111,000
$192,000
1 $31,200
$500
1 $27,835
$362, 535
NOTES: Coastland I DCCM reserves the right to adjust estimated hours should the Contractor schedule additional crews or overtime work.
1 Based on 150 working days.
2 Based on full time inspection at 40 hours per week for one inspector, and 130 hours of overtime for Inspection.
3 Based on part time construction management based on 20 hours per week.
3 Based on an estimated number of RFI's, change orders and submittals shown above.
COASTLANO OCC&I..
11
PROJECT LOCATION MAP
BURLINGAME PARK SUBDIVSION WATER MAIN REPLACEMENT PROJECT
CITY PROJECT NO. 84892
CITY OF HILLSBOROUGH
0 Burlingame Park Subdivision
City Limits
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File: H:\140-Burlingame\140 GENERAL\Park Project Phase Map.
-2 '04:44:12 PM 13V�businger
G17V G
STAFF REPORT
"I'
To: Honorable Mayor and City Council
Date: June 20, 2023
AGENDA NO: 10e
MEETING DATE: June 20. 2023
From: Syed Murtuza, Director of Public Works — (650) 558-7230
Mahesh Yedluri, Senior Civil Engineer — (650) 558-7238
Subject: Adoption of a Resolution to Apply for the California Energy Commission
(CEC) Energy Efficiency Conservation Assistance Act (ECAA) One Percent
Interest (1.0%) Loan Program for the Solar Panels Installation Project at
Various Facilities, and Authorizing the City Manager to Execute the
Application; CEQA Determination: Exempt Pursuant to State CEQA
Guidelines Sections 15301, 15378
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager or the City Manager's designee to execute and submit a California Energy Commission
(CEC) Energy Conservation Assistance Act (ECAA) One Percent Interest (1.0%) Loan Program
Application and all required supporting documentation on behalf of the City for the design and
construction of energy efficiency and solar renewable energy generation systems at the
Wastewater Treatment Facility, Donnelly Parking Garage (Main Library), Highland Parking
Garage, Public Works Corporation Yard, and the Community Center, and execute CEC ECAA
loan documentation agreements, and any necessary amendments with the CEC.
BACKGROUND
Electric costs over the last 30 years have averaged over a ten percent (10%+) increase annually
in Pacific Gas & Electric (PG&E) serviced areas. The California Public Utilities Commission
(CPUC) voted in December 2022 to sunset the Net Energy Metering (NEM) v2.0 Program, which
offers high bill credits for solar produced onsite and exported to the utility grid through a bi-
directional electric meter. The Net Energy Metering v2.0 Program sunsetted on April 15, 2023.
With assistance from an outside consulting firm, staff has been working to develop a project to
install solar panels at various City facilities, and get the City grandfathered into the Net Energy
Metering (NEM) v2.0 Program. The preliminary scope of the project consists of undertaking
various energy efficiency and renewable energy generation measures, such as solar panels and
batteries, that will help the City reduce utility costs in the future, while also funding some facility
improvements with respect to new LED lighting, HVAC replacements, and roof restorations at the
1
Resolution to Apply for the CEC Energy Conservation Assistance Act June 20, 2023
One Percent Interest (1.05/o) Loan Program
Public Works Corp Yard, Wastewater Treatment Plant, Donnelly Parking Garage, Highland
Parking Garage, and the Community Center.
The CEC's ECAA offers one percent interest (1.0%) rate loans to public entities and California
Native American Tribes. The CEC ECCA loans finance energy efficiency and renewable energy
generation projects, energy storage systems, and electric vehicle charging infrastructure. The
CEC ECAA loan is the first step in the funding strategy for the measures identified through an
initial energy efficiency analysis.
In summary, if approved and implemented, the project will be completely paid for through avoided
PG&E utility costs and mostly financed through grants, rebates, incentives, and custom-tailored
financing that includes the CEC ECAA One Percent Interest Loan Program. The project will result
in significant savings to the City, while also upgrading some aging infrastructure without requiring
capital outlay from the City.
DISCUSSION
Staff has performed preliminary investigations of the City -owned facilities identified above for
energy conservation, cost reduction, and renewable energy generation solutions. The feasibility
study and cost estimates are still being developed and will be presented to the City Council upon
completion of the work.
The current planning level estimate to complete the design and construction of the project is
approximately $7.5 million. The estimate includes design, construction, construction
management, engineering support during construction, and environmental support during design
and construction. To implement the construction of this project, staff is pursuing a CEC loan in
the amount of $3 million. The CEC loan has a one percent interest rate, and has a maximum limit
of $3 million. Staff plans to cover the rest of the project costs through a combination of federal,
state, and/or local grants available for such projects, and City funds as needed.
The CEC loan approval is on a first -come, first -served basis. Therefore, staff is planning to apply
for the loan at the earliest possible time. Several steps in the loan process will require Council
action, including approval of the final loan amount and other related documents, and staff will
return to the City Council accordingly.
To finalize the CEC loan application, City Council adoption of the attached resolution is required.
The adoption of the attached resolution will authorize the City Manager or the City Manager's
designee to apply for a CEC loan for design, construction, and related costs for the Solar
Installation Project under PGE's NEM 2.0 Program. The resolution also authorizes the City
Manager or the City Manager's designee, to execute CEC loan financial assistance agreements
and any amendments with the CEC. The CEC financial assistance agreements do not obligate
the City to borrow the funding.
2
Resolution to Apply for the CEC Energy Conservation Assistance Act June 20, 2023
One Percent Interest (1.05/o) Loan Program
The City finds that the proposed project is exempt under Guidelines of Title 14 California Code of
Regulations, Sections 15260 and 15300 because the project consists of alterations to the existing
public structures and/or facilities involving negligible or no expansion of use. For the Wastewater
Treatment Plant, the City may need to perform additional studies to comply with CEQA
requirements, and staff is committed to performing these studies as part of the project
development and upon authorization of funds.
Staff anticipates the following preliminary schedule for the CEC ECAA loan application process
for this project:
• Council adoption of the Authorization Resolution: June 20, 2023.
• Deadline for the CEC ECAA Loan Application for next round of funding: June 30, 2023.
• Determination of final loan amount: July 17, 2023
• Council approval of the final loan amount: August 21, 2023.
FISCAL IMPACT
There are no financial impacts associated with the adoption of this resolution. The funding is
limited, and is on a first -come, first -served basis. With the recent changes in the Net Energy
Metering Program, the appeal of the CEC loan has increased significantly. There is no cost to
apply, and there are no penalties to withdraw an application. Applying for the CEC ECAA loan
does not obligate the City to proceed with the project.
Exhibit:
• Resolution
3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AND AUTHORIZING THE CITY MANAGER TO APPLY FOR AND
EXECUTE AN ENERGY EFFICIENCY LOAN FROM THE CALIFORNIA ENERGY
COMMISSION FOR FUNDING THE SOLAR PANELS INSTALLATION PROJECT
WITHIN THE CITY; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE
CEQA GUIDELINES SECTIONS 15301, 15378
WHEREAS, the City of Burlingame (City) desires to seek a California Energy Commission
loan to provide solar power to the City's Wastewater Treatment Plant, Highland Parking Garage,
Donnelly Parking Garage (Main Library), and the Public Works Corporation Yard; and
WHEREAS, the California Energy Commission provides loans to schools, hospitals, local
governments, special districts, and public care institutions to finance energy efficiency
improvements; and
WHEREAS, the City Council is required to authorize this resolution before applying for a
loan with the California Energy Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES
AND ORDERS the following:
1. Authorizes the City to apply for an energy efficiency loan from the California Energy
Commission to implement energy efficiency measures.
2. Understands that the project follows the California Environmental Quality Act
(CEQA), the City finds that much of the project is exempt under Guidelines of Title
14 California Code of Regulations sections 15301 because the project consists of
alterations to the existing public structures and/or facilities involving negligible or
no expansion of use. For the wastewater treatment plant, the City may need to
perform additional studies to comply with CEQA requirements and the City is
committed to perform these studies and meet CEQA requirements. In the
alternative, this resolution is exempt pursuant to section 15378 because it is not a
"project."
3. If recommended for funding by the California Energy Commission, the City Council
authorizes the City to accept a loan amount up to $3,000,000.
4. The amount of the loan will be paid in full, plus interest, under the terms and
conditions of the Loan Agreement and Promissory Note of the California Energy
Commission.
5. The City Manager or the City Manager's designee is hereby authorized to execute
on behalf of the City all necessary documents to implement and carry out the
purpose of this resolution and to take all actions necessary to fulfill the purpose of
this Resolution.
Michael Brownrigg, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 20th day
of June, 2023, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
BURLiNGAME STAFF REPORT
To: Honorable Mayor and City Council
Date: June 20, 2023
AGENDA NO: 10f
MEETING DATE: June 20, 2023
From: Syed Murtuza, Director of Public Works — (650) 558-7230
Art Morimoto, Assistant Director of Public Works — (650) 558-7230
Subject: Adoption of a Resolution Approving a Professional Services Agreement with
SCS Engineers for Engineering and Regulatory Compliance Services
Related to the Closed Burlingame Landfill in the Amount of $205,600 and
Authorizing the City Manager to Execute the Agreement
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving a professional
services agreement with SCS Engineers for engineering and regulatory compliance services
related to the closed Burlingame Landfill in the amount of $205,600 and authorizing the City
Manager to execute the same.
BACKGROUND
The closed Burlingame Landfill encompasses approximately 50 acres of land and is part of a larger
91-acre tract owned by the City. The landfill was closed over the period from 1995 through 1999.
Closure construction activities included final grading and placement of a low -permeability soil cover
and drainage systems, and installation of a landfill gas (LFG) system commonly referred to as a
Gas Collection and Control System (GCCS). The landfill currently houses multiple amenities
including a clubhouse/restaurant, soccer field, baseball field, dog park, pedestrian pathways, and
an asphalt parking lot. Other facilities outside of the closed landfill on the City's 91-acre tract include
the City's Bayside Park and Wastewater Treatment Facility (see the attached site plan for location
of the landfill site). The site is currently undergoing regulatory approval for development of a Topgolf
facility, which will replace the existing golf driving range.
The GCCS consists of 18 vertical extraction wells, 13 horizontal collectors, seven perimeter
migration monitoring probes, 12 condensate drain traps, nine building methane gas sensors
(installed at the City recreational facility buildings), two passive migration vents, one flare, and
appurtenant electrical panel and controls. The installation of three new perimeter probes is
anticipated in 2023. A carbon canister is used as back-up for the LFG treatment if needed during
flare down -time for scheduled or non-scheduled maintenance. The City is also responsible for
calibration and testing of an automated methane gas detector system installed at the adjacent
Crowne Plaza Hotel, which consists of six sensors.
1
Professional Services Agreement with SCS Engineers for Engineering and June 20, 2023
Regulatory Compliance Services for the Closed Burlingame Landfill
The water quality monitoring system consists of eight monitoring wells completed into the upper
sand unit around the site; two wells completed into the waste unit; one leachate line manhole
sampling point; and two surface water sampling points. Water quality monitoring points are sampled
and analyzed either semi-annually, or annually. Water level elevations are measured at selected
points on a semi-annually basis.
DISCUSSION
In July 2017, the City selected SCS Engineers through a Request for Proposals (RFP) process to
provide all landfill gas and groundwater monitoring regulatory compliance services for a three-year
period. SCS Engineers has been successfully providing landfill GCCS monitoring and reporting
services to the City for over 20 years and has a high degree of understanding of the overall
requirements of the Burlingame Landfill. In addition, SCS Engineers has been one of the top firms
assisting agencies statewide on landfill regulatory issues. Staff extended the SCS contract for the
past three years and seeks to extend the contract for an additional year. SCS has been working
with the City and Topgolf on submitting plans to regulatory agencies for review and permitting of
the site with the proposed Topgolf development. SCS's continued involvement in the approval
process is essential given their historical knowledge of the site and the proposed development.
Staff has negotiated the attached scope of professional services with SCS Engineers in the amount
of $205,600. The following are the key elements of the scope of services:
• Task 1 — Routine monthly/quarterly LFG system O&M/reporting.
• Task 2 — Bay Area Air Quality Management District (BAAQMD) Rule 8-34 and Landfill
Methane Rule (LMR) annual compliance reporting.
• Task 3 — Non -routine investigations, testing, and repair/emergency support services.
• Task 4 — Non -routine engineering and permit support services.
• Task 5 — Combustible gas detection system calibration, Crowne Plaza Hotel and City Rec.
Facilities.
• Task 6 — California Air Resources Board (CARB) AB 32 methane emissions monitoring.
• Task 7 — Water quality monitoring, sampling, and analysis as required by the San Francisco
Regional Water Quality Control Board (RWQCB).
• Task 8 — Semi-annual compliance reporting to RWQCB San Francisco Region.
Included in this proposal are items that make up a portion of the increased fees compared to last
year due to new Waste Discharge Requirements (WDRs) that became effective in May 2023.
Additional analytical costs and a Long -Term Flood Protection Plan are the result of the new WDRs.
Also, installation of three new LFG perimeter probes including permitting, drilling, and surveying is
a current County/CalRecycle requirement that is being addressed as part of the professional
2
Professional Services Agreement with SCS Engineers for Engineering and June 20, 2023
Regulatory Compliance Services for the Closed Burlingame Landfill
services scope of work. These items, estimated at $54K, are not annual requirements and will be
significantly less in future budgets. This scope is independent of the Topgolf project. Any changes
to regulatory requirements resulting from the development will be amended at that time.
FISCAL IMPACT
The estimated costs for services:
Professional Services $205,600
Contingency (10%) $20,560
Total $226,160
The adopted fiscal year 2023-24 budget includes $173,040 for contractual services in the Landfill
Enterprise Fund. Staff will request an additional appropriation of $53,120 during the mid -year
budget process.
Exhibits:
• Resolution
• Professional Services Agreement
• Site Map
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SCS
ENGINEERS FOR ENGINEERING AND REGULATORY COMPLIANCE SERVICES
RELATED TO THE CLOSED BURLINGAME LANDFILL IN THE AMOUNT OF
$205,600 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the closed Burlingame Landfill encompasses approximately 50 acres of
land and is part of a larger 91-acre tract owned by the City; and
WHEREAS, the landfill was closed over the period from 1995 through 1999, and closure
construction activities included final grading and placement of a low -permeability soil cover and
drainage systems, and installation of a landfill gas (LFG) system commonly referred to as a Gas
Collection and Control System (GCCS); and
WHEREAS, in July 2017, the City selected SCS Engineers through a Request for
Proposals (RFP) process to provide all landfill gas and groundwater monitoring regulatory
compliance services for a three-year period; and
WHEREAS, SCS Engineers has been successfully providing landfill GCCS monitoring
and reporting services to the City for over 20 years, has a high degree of understanding of the
overall requirements of the Burlingame Landfill, and has been one of the top firms assisting
agencies statewide on landfill regulatory issues; and
WHEREAS, staff extended the SCS contract for the past three years, and recommends
extending the contract for an additional year as their historical knowledge of the site is essential
to coordinate modifications to the landfill in light of the proposed Topgolf development, and assist
the City in coordinating with regulatory agencies; and
WHEREAS, staff has negotiated a scope of engineering services with SCS Engineers in
the amount of $205,600.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Burlingame,
California, which finds and orders as follows:
1. The public interest and convenience require execution of the agreement cited in the title
above and attached hereto.
2. The City Manager is authorized to sign the agreement.
3. The City Clerk is instructed to attest such signature.
Michael Brownrigg, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 201" day of June
2023 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
WITH SCS ENGINEERS FOR REGULATORY COMPLIANCE SERVICES
BURLINGAME LANDFILL
FY 2023-2024
THIS AGREEMENT is entered into this day of )2023,
by and between the City of Burlingame, State of California, herein called the "City", and
SCS Engineers engaged in providing Professional Regulatory Compliance Services
herein called the "Consultant".
RECITALS
A. The City is considering conducting activities for consultant engineering services
for regulatory compliance services for the Burlingame Landfill.
B. The City desires to engage a professional engineering consultant to provide
regulatory compliance services because of Consultant's experience and
qualifications to perform the desired work, described in Exhibit A.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide professional engineering services
such as landfill post -closure operation, monitoring maintenance, engineering,
water quality monitoring, sampling, analysis, reporting and regulatory compliance
support services for the landfill gas collection, flare, and monitoring systems at
Burlingame Landfill, Bayside Park, and Crowne Plaza Hotel, and as detailed in
"Scope of Services" of the attached Exhibit A of this agreement.
2. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement with completion of all work by June 30. 2024.
3. Compliance with Laws. The Consultant shall comply with all applicable laws,
codes, ordinances, and regulations of governing federal, state and local laws.
Consultant represents and warrants to City that it has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for
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Consultant to practice its profession. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Agreement any licenses, permits, and approvals which
are legally required for Consultant to practice its profession. Consultant shall
maintain a City of Burlingame business license.
4. Sole Responsibility. Consultant shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
5. Information/Report Handling. All documents furnished to Consultant by the City
and all reports and supportive data prepared by the Consultant under this
Agreement are the City's property and shall be delivered to the City upon the
completion of Consultant's services or at the City's written request. All reports,
information, data, and exhibits prepared or assembled by Consultant in connection
with the performance of its services pursuant to this Agreement are confidential
until released by the City to the public, and the Consultant shall not make any of
these documents or information available to any individual or organization not
employed by the Consultant or the City without the written consent of the City
before such release. The City acknowledges that the reports to be prepared by
the Consultant pursuant to this Agreement are for the purpose of evaluating a
defined project, and City's use of the information contained in the reports prepared
by the Consultant in connection with other projects shall be solely at City's risk,
unless Consultant expressly consents to such use in writing. City further agrees
that it will not appropriate any methodology or technique of Consultant which is
and has been confirmed in writing by Consultant to be a trade secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall not
exceed 205 600; and payment shall be based upon City approval of each task.
Billing shall include current period and cumulative expenditures to date and shall
be accompanied by a detailed explanation of the work performed by whom at what
rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for City review, even if only in partial or draft form.
7. Availability of Records. Consultant shall maintain the records supporting this billing
for not less than three (3) years following completion of the work under this
Agreement. Consultant shall make these records available to authorized
personnel of the City at the Consultant's offices during business hours upon written
request of the City.
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8. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Ted Sison, Senior Project Manager.
9. Assignability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Consultant. No portion of these
services shall be assigned or subcontracted without the written consent of the City.
10. Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
To City: Art Morimoto, Assistant Director of Public Works
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To Consultant: Ted Sison, Senior Project Manager
SCS Engineers
4683 Chabot Drive, Suite 200
Pleasanton, CA 94566
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to City.
11. Independent Contractor. It is understood that the Consultant, in the performance
of the work and services agreed to be performed, shall act as and be an
independent contractor and not an agent or employee of the City. As an
independent contractor he/she shall not obtain any rights to retirement benefits or
other benefits which accrue to City employee(s). With prior written consent, the
Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or
assign or transfer interests under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated for
its costs and expenses in preparing for, traveling to, and testifying in such matters
at its then current hourly rates of compensation, unless such litigation is brought
by Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
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12. Conflict of Interest. Consultant understands that its professional responsibilities is
solely to the City. The Consultant has and shall not obtain any holding or interest
within the City of Burlingame. Consultant has no business holdings or agreements
with any individual member of the Staff or management of the City or its
representatives nor shall it enter into any such holdings or agreements. In addition,
Consultant warrants that it does not presently and shall not acquire any direct or
indirect interest adverse to those of the City in the subject of this Agreement, and
it shall immediately disassociate itself from such an interest should it discover it
has done so and shall, at the City's sole discretion, divest itself of such interest.
Consultant shall not knowingly and shall take reasonable steps to ensure that it
does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed
a person with a direct or indirect interest that would conflict with its performance of
this Agreement, Consultant shall promptly notify City of this employment
relationship, and shall, at the City's sole discretion, sever any such employment
relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal
employment opportunity. Neither Consultant nor its subcontractors do and neither
shall discriminate against persons employed or seeking employment with them on
the basis of age, sex, color, race, marital status, sexual orientation, ancestry,
physical or mental disability, national origin, religion, or medical condition, unless
based upon a bona fide occupational qualification pursuant to the California Fair
Employment & Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and
his/her firm to an amount not less than: One million dollars
($1,000,000) combined single limit per occurrence and two million
dollars ($2,000,000) aggregate for bodily injury, personal injury and
property damage in a form at least as broad as ISO Occurrence Form
CG 0001.
ii. Consultant agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him/her
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and his/her staff to an amount not less than one million dollars
($1,000,000) combined single limit per accident for bodily injury and
property damage.
iii. Consultant agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than two
million dollars ($2,000,000) each claim/aggregate sufficient to insure
Consultant for professional errors or omissions in the performance
of the particular scope of work under this agreement.
iv. Any deductibles or self -insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self -insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense
expenses.
B. General and Automobile Liability Policies:
The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the
Consultant. The endorsement providing this additional insured
coverage shall be equal to or broader than ISO Form CG 20 10 11
85 and must cover joint negligence, completed operations, and the
acts of subcontractors. This requirement does not apply to the
professional liability insurance required for professional errors and
omissions.
ii. The Consultant's insurance coverage shall be endorsed to be
primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self -insurances
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
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iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
C. Workers' Compensation and Employers Liability Coverage:
In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law.
Further, Consultant shall ensure that all subcontractors employed by
Consultant provide the required Workers' Compensation insurance
for their respective employees.
ii. The insurer shall agree to waive all rights of subrogation against the
City of Burlingame, its officers, officials, employees, or volunteers
for losses arising from work performed by the Company for the City
of Burlingame.
D. All Coverages: Each insurance policy required in this item shall be
endorsed to state that coverage shall not be canceled except after thirty
(30) days' prior written notice by mail, has been given to the City (10 days
for non-payment of premium). Current certification of such insurance shall
be kept on file at all times during the term of this agreement with the City
Clerk.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a
Best's rating of no less than A-:VII and authorized to do business in the
State of California.
F. Verification of Coverage: Upon execution of this Agreement, Contractor
shall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms approved by the City. All certificates
and endorsements are to be received and approved by the City before any
work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
15. Indemnification. To the fullest extent permitted by law, Consultant shall save, keep
and hold harmless indemnify and defend the City, its officers, employees,
authorized agents and volunteers from all damages, liabilities, penalties, costs, or
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expenses in law or equity, including but not limited to attorneys' fees, that may at
any time arise, result from, relate to, or be set up because of damages to property
or personal injury received by reason of, or in the course of performing work which
arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the
negligence, recklessness, or willful misconduct of Consultant, or any of the
Consultant's officers, employees, or agents or any subconsultant. This provision
shall not apply if the damage or injury is caused by the sole negligence, active
negligence, or willful misconduct of the City, its officers, agents, employees, or
volunteers.
16. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be governed
by and construed under the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior Court of the County of San
Mateo.
18. Termination of Agreement. The City and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15)
days written notice of termination. In the event of termination, the Consultant shall
deliver to the City all plans, files, documents, reports, performed to date by the
Consultant. In the event of such termination, City shall pay Consultant an amount
that bears the same ratio to the maximum contract price as the work delivered to
the City bears to completed services contemplated under this Agreement, unless
such termination is made for cause, in which event, compensation, if any, shall be
adjusted in light of the particular facts and circumstances involved in such
termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the City and the
Consultant.
20. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of the Agreement between the City and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this
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Agreement, unless hereafter made in writing and signed by the party to be bound,
shall be binding on either party.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date indicated on page one (1).
City of Burlingame
By
Syed Murtuza
Public Works Director
Approved as to form:
City Attorney — Michael Guina
ATTEST:
City Clerk - Meaghan Hassel -Shearer
"Consultant"
By
SCS Engineers
Print Name:
Title:
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Exhibit A
Environmental Consultants & Contractors
June 7, 2023
File No. 01201235.15
Mr. Art Morimoto
City of Burlingame
Department of Public Works
501 Primrose Road
Burlingame, California 94010
Subject: Agreement for Professional Engineering and Regulatory Compliance Services,
Burlingame Landfill, Burlingame, California
Dear Art:
This letter confirms our interest in extending the term of the subject agreement between SCS
Engineers (SCS) and the City, dated July 11, 2017. The new agreement term would extend for one
year, from July 1, 2023 through June 30, 2024. We understand the City will issue formal
authorization via a new purchase order.
SCS will provide landfill post -closure operation, monitoring, engineering and regulatory compliance
support services for the Burlingame Landfill. Specific activities and task budgets will be as described
in the attached Scope of Work (intended to serve as "Exhibit A" to the contract).
The overall proposed budget amount is $205,600. Budget set -asides for non -routine investigations
and engineering support (Tasks 3 and 4) are based on current budgets established by the City, with
additional non -routine costs added.
Included in this Proposal are three items listed below that make up a significant portion of our
increased fees compared to last year. Items 1 and 3 are a direct results of new Waste Discharge
Requirements (WDRs) thatjust became effective May 2023. Item 2 is a current LEA/CalRecycle
requirement. Items 1 and 2 will NOT be included in next year's budget, and item 3 will be reduced
following the 5-year constituents of concern (COC) sampling event (new requirement) to be
performed in February 2024. Items 1 and 2 are included in the Task 4 budget and item 3 is
included in the Task 8 budget (attached as Exhibit A).
1. Long -Term Flood Protection Plan (roughly $7K).
2. Installation of 3 new LFG perimeter probes including permitting, drilling and surveying
(roughly $25K).
3. Additional analytical costs associated with new WDRs ($22K+ alone due to additional
required lab tests including 5-year COC event during first quarter of 2024).
These items will be billed on a Time and Materials (T&M) basis. Next year's budget shall be reduced
as discussed.
Other task amounts have increased from Fiscal Year 2022-2023 in the current contract to account
for other additional requirements, cost of living, equipment and fuel rate increases.
4683 Chabot Drive, Suite 200, Pleasanton, CA 94588 1 925-426-4003
Mr. Art Morimoto
June 7, 2023
Page 2
SCS appreciates this opportunity to be of continued service to the City of Burlingame. If you have
any questions, do not hesitate to contact us.
Sincerely,
Maura Dougherty, PE
Project Director
SCS Engineers
(925) 922-5086
Attachments:
Exhibit A - Cost Estimate
Exhibit B - Scope of Work
Ted Sison
Senior Project Manager
SCS Engineers
(925) 413-5813
Tony Svorinich
Vice President/Principal
SCS Engineers
(209) 345-2780
Mr. Art Morimoto
June 7, 2023
Page 3
Exhibit A - Cost Estimate
Table 1. Budget Estimate
Professional Regulatory Compliance Services
Closed Burlingame Landfill, Burlingame, California
Contract term one year: July 1, 2023 through June 30, 2024
5/18/2023
LFG Control System Operation, Maint & Monitoring, and Engineering (AQMD, Title 27 and AB 32)
1
Routine Monthly/Quarterly LFG System O&M and Reporting
$
40,200
FF
2
Bay Area AQMD Rule 34 and Landfill Methane Rule (LMR) Annual Reporting
$
9,100
FF
3
Non -Routine Investigations, Testing, and Repair/Emergency Support Services
$
16,500
T&M
4
Non -Routine Engineering and Permit Support Services
$
66,600
T&M
5
Combustible Gas Detection System Calibration, Crowne Plaza and City Rec Facilities
$
6,400
FF
6
LMR Methane Emissions Testing
$
5,700
T&M
7
LMR Methane Destruction Efficiency Testing (OPTIONAL - $8,300)
$
-
T&M
Subtotal 1-6
$
144,500
Water Quality
Monitoring & Reporting (WDR Requirements)
8
Water Quality Monitoring Sampling and Analyses
$
42,000
T&M
9
Semi -Annual Compliance Reporting to RWQCB
$
19,100
T&M
Subtotal 7-8
$
61,100
Annual Total: $ 205,600 1
Notes:
NTE = Not to exceed amount
FF = Fixed fee, percent complete billing
T&M = Time and materials billing
= Task 4 budget estimate includes the following NEW items: (1) new probe installations (1 time cost of roughly $25K) and (2)
Long Term Flood Protection Plan (new 5 year requirement - roughly $7K). Each is requirement per new Waste Discharge
Requirements (WDRs) that only became effective May 2023. Both will not be inlcuded in next years budget.
= Task 8 budget estimate includes increased analytical costs (over $22K over previous) per new WDR requirements. This will
be reduced next year following 5-year COC event in February 2024.
Mr. Art Morimoto
June 7, 2023
Page 4
Exhibit B - Scope of Work
EXHIBIT A - SCOPE OF WORK
OPERATION, MONITORING MAINTENANCE, ENGINEERING AND
REGULATORY COMPLIANCE SERVICES, CLOSED BURLINGAME
LANDFILL, CITY OF BURLINGAME, CALIFORNIA
SCOPE OF SERVICES
INTRODUCTION
SCS Engineers (SCS) will provide operation, monitoring, maintenance (0&M), engineering, and
regulatory compliance support services for the landfill gas (LFG) collection, flare, and monitoring
systems at the Closed Burlingame Landfill, Bayside Park, and adjacent Crowne Plaza Hotel. In
addition, SCS will provide water quality monitoring, sampling, analysis and reporting as required by
the San Francisco Regional Water Quality Control Board or RWQCB in accordance with the new
Waste Discharge Requirements (WDRs) Order No. R2-2023-0005 dated May 2023. Work will be for
a one-year contract term extending July 1, 2023, through June 30, 2024, and includes the following
tasks:
• Task 1 - Routine Monthly/Quarterly LFG System O&M/Reporting.
• Task 2 - Bay Area Air Quality Management District or BAAQMD Rule 8-34 and Landfill
Methane Rule or LMR Annual Compliance Reporting.
• Task 3 - Non -Routine Investigations, Testing, and Repair/Emergency Support Services.
• Task 4 - Non -Routine Engineering and Permit Support Services.
• Task 5 - Combustible Gas Detection System Calibration, Crowne Plaza Hotel.
• Task 6 - California Air Resources Board or CARB AB 32 Methane Emissions Monitoring.
• Task 7 - Water Quality Monitoring, Sampling and Analysis as required by the RWQCB.
• Task 8 - Semi -Annual Compliance Reporting to RWQCB.
SCOPE OF WORK
Task 1 - Routine Weekly/Monthly/Quarterly LFG System O&M and Reporting
SCS will implement the following bi-weekly/monthly/quarterly operation, monitoring and reporting
program. Operation and monitoring will be accomplished via the following:
Operation/Monitoring
Bi-Weekly
In order to maintain compliance with the revised permit to allow less -than -continuous collection/flare
system operation, twice per month, the Blower/Flare Station (BFS) will be monitored. Data will be
collected, recorded and stored in the SCSeTools® Data Management System for the following:
• Date, time, and monitoring personnel.
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• Meteorological conditions (i.e. wind velocity, barometric pressure, ambient temperature,
weather conditions, etc.).
• Extraction blower operating inlet/outlet temperatures and pressures.
• Methane, oxygen, carbon dioxide, and balance gas concentrations at flare inlet.
• Flare exit gas temperature.
• LFG flow rate to flare.
• Flare combustion louver and flow control valve positions.
• Flow meter reading to carbon vent systems.
• Flare operational hours and cumulative total from the previous week will be obtained
from the plant operations staff as required for submission to the BAAQMD in the annual
report.
Monthly
• Once each month, the LFG extraction wells, two passive methane riser vents and BFS
total flow will be monitored and adjusted as required to help control LFG migration,
surface emissions, odors and to help meet specific site permit and regulatory agency
requirements and conditions. In addition to the parameters below, SCS will document
testing protocols and instrumentation calibration. Each extraction well will be tested,
data collected, recorded and stored in the SCSeTools® Data Management System for the
following:
o Date, time, and monitoring personnel.
o LFG temperature (where applicable).
o Wellhead vacuum.
o LFG flow (where applicable).
o Methane, oxygen, carbon dioxide, and balance gas concentrations.
• Once each month, the operation of LFG control system blowers, flame arresters, flares
(including burner heads), well field, and strip chart recorders will be observed and
checked for the following:
o Proper operation.
o Accessibility.
o Vandalism.
o Malfunctions.
o Leaks.
• Once each month, SCS will perform landfill surface and side slope integrity inspections
and record observations as required by the BAAQMD.
Quarterly
• Once each quarter, on -site perimeter gas migration monitoring probes and passive vents
will be tested in accordance with Title 27 of the California Code of Regulations (CCR). In
addition to the parameters below, SCS will document testing protocols and
instrumentation calibration. Data will be collected, recorded, and stored in the
SCSeTools® Data Management System for the following:
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o Date, time, and monitoring personnel.
o Meteorological conditions (i.e., wind velocity, barometric pressure, ambient
temperature, weather conditions, etc.).
o Relative pressure.
o Methane, oxygen, carbon dioxide, and balance gas concentrations.
• Once each quarter, the structures located in the Bayside Park area will be tested in
accordance with 27 CCR requirements. In addition to the parameters below, SCS will
document testing protocols and instrumentation calibration. Data will be collected,
recorded, and stored in the SCSeTools® Data Management System for the following:
o Date, time, and monitoring personnel.
o Meteorological conditions (i.e., wind velocity, barometric pressure, ambient
temperature, weather conditions, etc.).
o Methane and oxygen gas concentrations.
• Once each quarter, calibrate and adjust the nine (9) SafeTNet Type 100 (or equivalent)
methane gas building sensors in accordance with the manufacturers' specifications.
These sensors are located in the Golf Center clubhouse and baseball diamond
scorekeeper's booth. In addition, to verify building interior compliance, our technician
will carry a hand-held gas -detection meter during sensor calibration. Combustible gas
readings will be recorded during the course of the sensor calibration activities.
• Once each quarter, perform BFS, extraction well, control valve and vault emissions leak
testing as required by BAAQMD Rule 8-34. Data will be recorded and submitted with our
monthly reports and summarized in the Task 2 Annual Report to the BAAQMD.
Additionally, in accordance with the LMR, the maximum allowable limit is now 500 parts
per million by volume or ppmv.
• Once each quarter, the BFS back-up carbon canister vent system will be tested for
volatile organic compound or VOC breakthrough utilizing a photo ionization detector or
PID as required in the BAAQMD Permit to Operate or PTO.
Reporting
• Once each month, SCS will prepare a detailed 0&M report for the City containing the data
collected, equipment calibration logs, recommendations and a summary of activities
performed on the project during the reporting period. Maintenance repairs and/or system
modifications will be recommended as required. If required by the City, SCS will also send
a copy of this report to the Burlingame Wastewater Treatment Plant Facility.
• Once each quarter, SCS will prepare a report on behalf of the City for submittal to the
designated regulatory agency (San Mateo County Department of Environmental Health -
Local Enforcement Agency or LEA), containing perimeter probe and building combustible
gas sensor calibration data, equipment calibrations logs and a summary of activities
performed on the project during the reporting quarter. If required by the City, SCS will
also send a copy of this report to the Burlingame Wastewater Treatment Plant Facility.
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Task 2 - BAAQMD Rule 8-34 and LMR Annual Compliance Reporting
Annual Rule 8-34 Report
SCS will prepare the annual monitoring report as required under Section 411 of BAAQMD Rule 8-34.
The report will be developed in the format prescribed by the BAAQMD, and will summarize LFG
system operating performance and maintenance records for the reporting period (based on data
collected by SCS and/or provided by the City). A draft version of the report will be prepared and
submitted to the City for review prior to final submittal to the BAAQMD. The Annual Report is due on
December 31 of each year.
The Annual Report will contain the following required information:
• Operating Records Required by Rule 34, Section 501.
o All LFG collection system downtime, including individual well shutdown times, length
of time for shutdown, and the reason for the shutdown. All periods greater than five
(5) days when the collection system was not operating will be documented.
o All LFG control system downtime, length of time for shutdown, and the reason for the
shutdown. Description and duration of all periods when the control device was not
operating for greater than one (1) hour and the length of time that the device was not
operating.
o Continuous temperature records (chart recorder information) for flare with a listing of
the dates/times when flare temperature went below limit allowed in the Permit to
Operate or PTO and any times when temperature gauge was off-line or not
operational.
o Monthly LFG flow rate readings.
o Records of Task 1 quarterly LFG system component leak testing, including monitoring
dates, leak concentration if in excess of 500 ppmv, location of leak, date of
discovery, the action taken to repair the leak, date of repair, date of any required re -
monitoring, and the re -monitored concentration in ppmv.
o An estimate of the amount of waste in place at the Burlingame Landfill (based on
historic data).
o Continuous gas flow rate records chart recorder information) with a listing of the
dates/times when flow rate went above limit allowed in the PTO and any times when
the flow meter was off-line or not operational.
o For monthly wellhead monitoring (temperature, vacuum, and oxygen or nitrogen
content), records of all monitoring dates and any excesses of the limits stated in
Section 8-34-305 and below (or alternative limits approved in Design Plan), including
well identification number, the measured excess, the action taken to repair the
excess, and the date of repair, date of any required re -monitoring, and the re -
monitored value.
o Monthly recording of gauge pressure at all wellheads (all wells must operate under
negative pressure conditions).
• Calibration information for monitoring equipment used for the various monitoring
activities listed above (e.g., FID, GEM-5000 unit, flow meter, temperature gauge, etc.).
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• If applicable, description and duration of all periods when the gas stream was diverted
from the control device through a bypass line.
• Data upon which the spacing of well and equipment sizing were based. We will utilize
information previously provided regarding original LFG system design criteria.
• LFG generation rate estimates.
• If applicable, provisions for increasing LFG extraction capacity as gas generation
increases (not anticipated for the closed Burlingame Landfill).
• The provisions for the control of LFG migration (i.e., low -permeability cut-off trenches,
deep gas extraction wells, and horizontal collectors at Bayside Park).
The Annual Report will be prepared for the period December 1 through November 30, 2023. This is
consistent with past reports submitted to the BAAQMD.
Annual AB 32 Report
An annual report summarizing AB 32 monitoring results will be prepared per agency requirements.
The annual report will be suitable for submittal to the CARB and BAAQMD. The Annual Report will
include the following information as required:
• General site information.
• Total volume of LFG collected (reported in standard cubic feet or scf).
• Average composition of LFG collected over the reporting period (reported in percent
methane and percent carbon dioxide by volume).
• Gas control device type, installation, rating, fuel type, and total LFG combusted in each
control device.
• Date gas control and collection system GCCS installed.
• Percent methane destruction efficiency.
• Volume and composition of gas shipped off site.
• Type and amount of supplemental fuels burned with the LFG.
• Recent topographic map.
• All required monitoring data.
SCS will compile the required data (see list, above) into a report in a format suitable for submittal to
the BAAQMD and CARB Executive Officer. SCS will provide a draft of the report to the City for review.
This scope included one round of review and revision. After incorporating the City's comments, SCS
will finalize for submittal.
The Annual LMR Report will be prepared for the calendar period of January 1 through December 31.
The annual reporting deadline for the AB 32 LMR is March 15 of each year. SCS will begin work on
this task in January 2024, which will allow ample time to resolve any issues that may be identified
prior to the March 15, 2024 submittal deadline.
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Task 3 - Non -Routine Investigations, Testing, and Repair/Emergency Support
Services
Non -routine scheduled maintenance consists of corrective repair or maintenance work identified
during routine visits. This work consists of, but is not limited to, items such as repair of broken
valves, replacement of torn flex hoses, repair of lateral pipelines, etc. This work is essential for
proper system operation; however, it is considered the type of work that can be scheduled to allow
for procurement of materials, equipment, scheduling of personnel, etc. Non -routine scheduled
maintenance will only be performed subsequent to notification to and authorization from the City.
Non -routine unscheduled emergency services include events that could require immediate response;
these could include, but will not be limited to:
• Call -out by the BFS automatic dialing system.
• Clubhouse/scorekeeper building methane gas detection system alarm condition.
• Repair of main pipeline breaks (resulting in no gas flow to the BFS).
• Odor complaints.
• Loss of flare ignition.
• Surging vacuum in LFG collection system components.
• Call -out related to testing or operation of the combustible gas monitoring system at the
Crowne Plaza Hotel (exclusive of scheduled calibration events).
• Confirmatory or follow-up LFG monitoring and sampling in response to regulatory
requirements.
• Repairs to LFG monitoring well probes, sample ports, or vault boxes.
• Repairs to groundwater monitoring well monuments.
• Follow-up testing in the event AB 32 surface emission or pressurized component pipe
component monitoring results exceed regulatory thresholds.
Response to the urgent nature of these items is such that they cannot be scheduled; SCS staff would
respond to these conditions, as needed, 24 hours per day, 7 days per week. Non -routine
unscheduled emergency services will only be performed on a time -and -materials or T&M basis
subsequent to notification to and authorization from the City.
Costs for one non -routine landfill gas monitoring task, installation of two new gas monitoring sensors
within the restroom adjacent to the scorekeeper's box and in the equipment shed at Bayside Park. A
letter to the City dated December 16, 2021, the LEA required that the operator identify structures
not included in the monitoring report and ensure installation of gas sensors and routine monitoring
of the two buildings. The costs for this task have been included in this proposal to accommodate
additional work. Costs include installation of the new sensors. These sensors once installed will be
added to the quarterly gas monitoring included in Task 5. A cost of $5,000 is included to the on -call
budget to address this additional non -routine cost.
Task 4 - Non -Routine Engineering and Permit Support Services
SCS will provide engineering and regulatory/permit support services on an as -needed basis when
requested by the City. Our services may include the following:
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• Consultation regarding landfill post -closure monitoring/maintenance and LFG system
regulatory and permit requirements. SCS will assist the City in planning for anticipated
changes in future regulations affecting post -closure monitoring and financial assurance.
• Assistance with post -closure cost estimates and financial assurance reporting to
regulatory agencies.
• As -needed follow-up to regulatory inquiries, inspections or compliance orders.
• Attendance at meetings with representatives of the City, Crowne Plaza Hotel, and/or
regulatory agencies.
• Preparation of correspondence, reports, or work plans for submittal to regulatory
agencies.
• Consultation regarding LFG control or monitoring system upgrades.
• Installation of three new perimeter LFG probes including permitting and surveying.
• Long -Term Flood Protection Plan (due July 9, 2023).
• Investigation or research in support of proposed regulatory compliance actions.
• Other services as requested by the City.
• Negotiations with the BAAQMD on permit conditions for LFG system operation.
• Support to the City regarding potential land uses or post -closure development by others
at the Site.
• Continued support to the City for BAAQMD renewal of Less Than Continuous (LTC)
operation of the LFG flare (ongoing, submitted in 2020).
Non -routine engineering and permitting services will only be performed when requested and
authorized by the City, with a specific scope, budget, and schedule agreed to in advance.
In a letter to the City dated May 4, 2022, CalRecycle required that additional evaluation of the Site's
gas monitoring system be performed and that a report be prepared to document the evaluation. This
report was submitted on December 5, 2022. A Work Plan to install three new LFG probes in
underway and installation of the three new probes is anticipated in 2023. Costs are included herein
to install these new probes.
The BAAQMD granted a renewal of the LTC operation petition for the GCCS on September 19, 2018
pursuant to Regulation 8, Rule 34, Section 404. Section 8-34-404.5 states that an LTC petition
must be renewed every three years or whenever the information submitted pursuant to Section 8-34-
404.1 changes. The most recent LTC authorization expired on December 20, 2020. A request for
renewal was submitted by SCS on behalf to City on December 21, 2020 pursuant to the BAAQMD's
requirement (Regulation 8, Rule 34, Section 404.5) that a LTC operation petition must be renewed
every three years in order to maintain this authorization. After several iterations of additional
requests for data and information from BAAQMD permitting staff, the renewal has not yet been
approved. SCS continues to submit requested data and will continue efforts on the City's behalf to
maintain authorization for LTC operation of the flare.
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Task 5 - Automated Combustible Gas Monitoring System Calibration, Crowne
Plaza Hotel and Burlingame Recreational Center
The City and Airport Boulevard LLC (Crowne Plaza Hotel) jointly installed an automated combustible
gas detection system in the basement area of the hotel. There are also nine (9) sensors in the Golf
Center clubhouse and other buildings at the Burlingame Recreational Center. Two (2) additional
sensors remain anticipated to be installed within the restroom adjacent to the scorekeepers box and
within the equipment shed at Bayside Park.
Once each quarter, SCS will calibrate and adjust the six (6) General Monitors combustible gas
building sensors at the Crowne Plaza Hotel in accordance with the manufacturer's specifications.
These sensors are located in the hotel basement area and elevator pit. We will coordinate with
Crowne Plaza engineering/maintenance personnel to arrange for calibration events. We will also test
and calibrate sensors at the Recreational Facility buildings. Our technician will carry a hand-held gas -
detecting meter during sensor calibration. Combustible gas readings will be recorded during the
course of the sensor calibration activities. A report of calibration activities will be prepared, for
submittal to the LEA.
SCS will also assist with additional sensors related to the Top Golf project as needed.
Task 6 - LMR Methane Emissions Monitoring
Surface Emissions Monitoring
Integrated SEM will be performed in accordance with LMR requirements. In accordance with the
Rule, and based on historic results since 2016, SCS understands monitoring frequency will remain
on an annual basis.
SCS will perform integrated monitoring over the landfill surface area in the required 50,000-square-
foot grid patterns. Monitoring will be performed a minimum of 72 hours after the latest rainfall and
shall be performed when the average wind speed is less than 5 miles per hour and the
instantaneous wind speed remains under 10 miles per hour (unless an alternative for wind speed is
accepted by CARB). A portable wind station with recording capabilities will be set up prior to
monitoring to verify meteorological conditions are maintained.
Integrated monitoring will be performed concurrently with the instantaneous monitoring and will be
performed on paths of approximately 100 feet apart over the landfill surface within the prescribed
50,000 square foot grid pattern. Monitoring will be performed with the detector inlet held within 3
inches above the ground surface. Grid locations exceeding 25 ppmv observed during integrated
testing will be recorded and marked on the surface grid monitoring plan map, which shall be
submitted to the City. Any locations exceeding 200 ppmv will be recorded. In addition, any locations
exceeding the 500 ppmv limit will be recorded and stake -marked. These locations can then be
Global Position Systems or GPS located/recorded and documented into an electronic format drawing
for landfill surface or LFG system repairs. During these activities, the landfill cover/surface will be
visually inspected for integrity, breaches, or erosion.
Pressurized Pipe and Component Leak Monitoring
GCCS component leak monitoring will be performed in accordance with LMR regulatory
requirements. (Quarterly monitoring for the positive pressure will be performed during the BAAQMD
component testing events described above.) SCS will perform LFG pressurized pipe and component
leak monitoring at the flare station. Monitoring will be performed with the detector inlet held 1/2
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A-8
inch from pressurized pipe and associated components. Any locations where methane readings
exceed LMR thresholds will be recorded, tagged and the City will be notified.
Note that, in accordance with the LMR, monitoring at the Burlingame Landfill may be performed
on an annual basis on 100-foot parallel pathways. However, if any exceedance(s) are detected
during the annual monitoring event and cannot be remediated or repaired within 10 calendar
days, a return to quarterly SEM monitoring on a 25-foot spacing will be required. In addition, any
exceedance(s) detected during compliance inspections will result in a return to quarterly
monitoring of the landfill.
Follow -Up Exceedance Monitoring
Per LMR requirements, follow-up surface emissions, pressurized pipe and component leak
monitoring is required if results of quarterly testing exceed the thresholds specified above. SCS will
perform follow-up exceedance monitoring if required. Note that we have not included a budget for
this work as it is considered outside of our baseline services. SCS can perform this work under Task
3 (Non -Routine Investigations, Testing, and Repair/Emergency Support Services). SCS will not
proceed without a specified budget approved in advance by the City. Our scope provided below is for
the City's consideration, if these services are needed.
Surface Emissions Monitoring
Within 10 calendar days from an initial instantaneous 500 ppmv or integrated 25 ppmv exceedance,
SCS will mobilize to the site (following remediation or repairs) and perform re -monitoring in
accordance with monitoring procedures described above. If re -monitoring results indicate no
exceedance then no further follow up monitoring is required.
If the re -monitoring results indicate a second exceedance within 10 calendar days, SCS will mobilize
to the site (following remediation or repairs) and perform re -monitoring in accordance with
monitoring procedures described above. If re -monitoring results indicate no exceedance then no
further follow up monitoring is required.
If the re -monitoring results indicate a third exceedance the City must install a new or replacement
LFG extraction well as determined to achieve compliance within 120 calendar days from the third
exceedance. SCS will mobilize to the site (following new or replacement well installation) and
perform re -monitoring in accordance with monitoring procedures described above. If re -monitoring
results indicate no exceedance then no further follow up monitoring is required.
Pressurized Pipe and Component Leak Monitoring
Within 10 calendar days from an initial pressurized pipe or component 500 ppmv exceedance, SCS
will mobilize to the site (following remediation or repairs) and perform re -monitoring in accordance
with monitoring procedures described above to verify repairs were successful.
SEM Reporting
A report summarizing the results of LMR monitoring activities will be provided to the City within 30
days of the surface emissions testing event. A draft report and documents will be delivered to the
City for review. Final deliverables will incorporate City comments and be prepared in a format that for
submittal to regulatory agencies.
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Task 7 - LMR Methane Destruction Efficiency Testing (Optional)
LMR Flare Destruction Efficiency Testing (source test) is required every three years. The last source
test was on June 8, 2021. The next flare source test event should be scheduled in year 2024,
sometime between June 1 and September 30. These dates may fall within the one-year contract
term which expires on June 30, 2024.
Given the above, the source test will be needed during either this or the next contract term.
However, we offer a scope and budget for this work as an option, should the City elect to perform the
work earlier than required under the AQMD permit (before June 30, 2024)
Under this task, SCS will conduct the methane destruction efficiency testing in accordance with the
requirements of the LMR as administered by the BAAQMD as follows:
A man lift or equivalent will be utilized to access the sampling ports.
Three test runs will be performed for oxygen and methane (02 and CH4) using EPA Methods 3
and 18 at the flare inlet and exhaust simultaneously. Destruction efficiency for CH4 will
be calculated using the inlet and outlet CH4 concentration and volumetric flow rate data
Volumetric flow rate will be measured at the outlet of the flare using EPA Method 19.
A single gas sample will be taken at each flare inlet for compliance with fuel gas analysis
which includes Btu/ft3, HHV, C1- C6+ hydrocarbons, 02, CO2, N2 by ASTM D 1945/3588.
Three copies of the technical compliance report will be submitted within approximately four
weeks of testing. The report will present a test narrative, emission concentrations,
emission rates and destruction efficiency for all relevant sampling parameters.
Prior to submittal of the test report to BAAQMD, SCS will perform a review of the report and test
results for accuracy and will note any potential compliance issues. (Note that this testing does not
require notification to the AQMD prior to the work being performed.)
Task 8 - Water Quality Monitoring, Sampling and Analysis
Water quality monitoring activities in accordance with the WDRs Order Number R2-2007-0036,
dated May 9, 2007 have been routinely performed at the Site. The RWQCB updated the WDRs and
the new WDRs (Order No. R2-2023-0005, dated May 2023) are incorporated in the scope below,
and proposed costing.
• Semi-annually (February and August), record the fluid elevations in eight (8) "US"
monitoring wells (US-1A, US-2A US-3A, US-5, US-6, US-7, US-8 and US-9) Fluid elevations
will be measured from the surveyed reference point at each well. All water elevations will
be measured to +/- 0.01 feet and shall be measured within a time window of two hours
so as to minimize effects of tidal changes.
Semi-annually, collect water samples from the eight (8) "US" wells using a portable
sampling pump, such as a bladder pump. Samples will be collected using a "low -flow"
sampling procedure, measuring the field parameters temperature, pH, electrical
conductivity (EC), dissolved oxygen (DO), oxidation/reduction potential (ORP), and
turbidity during well purging. Purging will continue until field parameters are stabilized.
Samples will then be collected into laboratory -supplied sample containers.
• Semi-annually, collect surface water grab samples from designated surface water
monitoring points SW-1 and SW-2, including one-time measurement of field parameters.
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• Semi-annually, perform standard observations of the cover and drainage systems and
receiving waters, as specified in the WDRs. This work will be concurrent with scheduled
surface water sampling or LFG OM&M services.
• Semi-annually, in addition to the samples collected at the "US" wells and surface water
sampling points, collect one (1) duplicate sample for analysis of all parameters, plus one
trip blank per day for analysis of VOCs only.
• Annually (February), access monitoring point GR-3, GR-4 and GR-8 to collect liquid levels
only.
• Annually, collect leachate samples from the two (2) "GR" refuse/leachate monitoring
wells (GR-3 and GR-4). Leachate samples will be collected using dedicated disposable
PVC bailers and one set of field parameters will be collected per leachate well.
• Purge water from all well purging activities will be containerized and disposed of at the
Burlingame Wastewater Treatment Plant.
• Sample analyses will be performed per the new Monitoring and Reporting Program (MRP)
of the new WDRs include in Attachment 2.
• Analytical requirements for this upcoming annual cycle will include 5-Year Constituents of
Concern (COC) sampling and analysis to be performed in February 2024 per the updated
MRP.
• All portable equipment used for measurements and sampling, including water level
meters and pumping equipment, will be thoroughly decontaminated prior to use at each
measurement/sampling point. Decontamination water will be containerized and
disposed of at the Burlingame Wastewater Treatment Plant.
SCS will review all laboratory work orders immediately after sample receipt by the lab, prior to
analysis, so as to confirm that the appropriate analysis work is planned.
Task 9 - Semi -Annual Compliance Reporting to Regional Water Quality Control
Board (RWQCB) - San Francisco Bay Region
Semi-annually, SCS shall prepare a Monitoring Report that includes a description of activities
conducted, and results obtained, for each semi-annual monitoring period. The First Semi -Annual
Report is due to RWQCB on or before April 30 each year. The Second Semi -Annual Report is due to
RWQCB on or before October 31 each year. Reports will be in a format acceptable to the City and the
RWQCB Executive Officer. The First Semi -Annual Monitoring Report will also include annual reporting
requirements, as required by RWQCB and applicable regulations. In addition, the First Semi -Annual
Monitoring Report of 2024 will include an evaluation and reporting of 5-year COC parameters (new
item per updated MRP). During the contract term, reports will be prepared for submittal on or before
October 31, 2022 and April 30, 2023.
The Semi-Annual/Annual Monitoring Reports will be prepared in draft form and transmitted to the
City for review and comment before final submittal. SCS will incorporate City comments, as
appropriate, and produce a final version of each report in Portable Document Format (PDF). The City
will provide a cover letter to which the final report will be attached. The final PDF report version will
be provided to the City, and uploaded to the State Geotracker system, no later than the report due
date.
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COMPENSATION
SCS's budgetary costs for the one-year contract term are presented in Table 1. Consistent with past
practice, we understand that the City prefers that individual tasks be billed on a fixed -fee, or "percent
of work completed" or a "time and materials" basis. This is reflected in Table 1. Our current fee
schedule for time -and -materials billings is provided in Attachment 1.
CLARIFICATIONS
The scope of work and compensation reflect the following clarifications and assumptions:
• The Burlingame Landfill LFG collection and flare system consists of 18 vertical extraction
wells, 13 horizontal collectors, 7 perimeter probes (plus an anticipated 3 new probes to
be installed in 2023), 12 condensate drain traps, 9 building methane gas sensors, 2
passive migration vents, 1 flare and appurtenant electrical panels and controls.
• All routine operation, monitoring, and maintenance can be completed by a one-man field
crew; all monitoring and adjustment of LFG extraction wells can be accomplished without
entering vaults greater than four feet deep.
The budget allocation for Task 3 (non -routine investigations, testing and
repair/emergency support services) is generally consistent with previous amounts
established by the City and contracted to SCS, with the addition of another non -routine
task to install additional gas sensors. Non -routine repair and/or maintenance will only
be performed when authorized by the City, with a specific scope, budget and schedule
agreed in advance.
The budget allocation for Task 4 (non -routine engineering and permit support services) is
generally consistent with previous amounts established by the City, with the addition of
the non -routine task to prepare a gas monitoring well evaluation report and continued
permitting for the less than continuous operation of the flare. Non -routine engineering
and permitting services will only be performed when requested and authorized by the
City, with a specific scope, budget and schedule agreed in advance.
• SCS will not take responsibility for the overall quality of the gas collected from the LFG
control system with regard to trace components.
• SCS takes no legal responsibility for any of the potential hazards associated with the LFG
condensate.
• Carbon system emission testing or other analysis that may be required by the BAAQMD or
other regulatory agencies, can be performed under Task 3 of this proposal.
• Meetings with BAAQMD or other regulatory agencies can be performed under Task 4 of
this proposal.
• Task 1 of this proposal does not include costs for repair and/or replacement spare parts
or materials (e.g., valves, propane, chart paper, oil/grease, belts or filters). Components
and/or materials can be procured under Task 3 of this proposal.
• The City is responsible for ensuring that SCS and contracted City personnel are the only
parties designated to operate or adjust the LFG control facilities.
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• Unrestricted site access for personnel, equipment, and materials to enable completion of
work. It is understood that SCS personnel are required to sign in at the wastewater
treatment plant when accessing the BFS.
• All field work will be performed in in OSHA Level D protection (including hard hat and
safety vest). Any additional health and safety requirements may cause an increase in our
price.
• At no time shall the title to any hazardous substances, solid wastes, petroleum
contamination, or other regulated substances pass to SCS, nor shall any provision of an
ensuing Agreement be interpreted to permit SCS to assume the status of a "generator,"
"transporter," or "treatment, storage, or disposal facility" under state or federal law.
• The City will provide SCS, available information regarding manufacturer's 0&M
documents, design engineer 0&M requirements, and any other applicable regulatory
agency operating requirements.
• SCS shall be responsible for providing the necessary portable field instrumentation and
small hand tools required to support the performance of our Scope of Services.
• Routine service will be performed during normal working hours (between the hours of
8:00 a.m. and 5:00 p.m.), 8 hours per day or 40 hours per week, 5 days per week,
excluding holidays.
• Utilization of non -union, non -prevailing wage labor rates is assumed for operations and
monitoring field work.
• BFS maintenance/lubrication services will be performed by City personnel. If requested
by the City, this work can be performed by SCS under Task 3 of this proposal.
• The City will be responsible for permit or document review fees required by the BAAQMD,
RWQCB or other regulatory agencies.
• The automated combustible gas detection system at the Crowne Plaza Hotel consists of
a network of six combustible gas sensors, control panel and alarm systems. There are
nine separate combustible gas sensors at the Burlingame Recreational Facility, with two
additional sensors to be installed. Our testing is limited to accessible locations only and
excludes moving or modifications to existing structures to allow access.
• Confined space entry requirements will not be required for combustible gas sensor
calibration at the Crowne Plaza Hotel. Our budget excludes special provisions for access
to the gas sensor in the elevator pit at the Crowne Plaza Hotel; the owner of that facility
will be responsible for elevator service and safety provisions to allow access.
• SCS will coordinate with Crowne Plaza Hotel to schedule combustible gas sensor system
calibration events.
• The Task 6 annual surface emissions monitoring or SEM event can be completed by a
one- to four -person field crew.
• Any repairs of the landfill surface or LFG control system components at locations where
AB 32 monitoring exceeds 500 ppmv or grid areas in excess of 25 ppmv are excluded
from our proposal, and can be performed at additional cost if requested by the City.
• Task 6 SEM costs assume that the annual event can be completed in one mobilization.
Additional costs may be required if meteorological conditions or other factors outside of
SCS's control require re -mobilization or extra time to complete the monitoring.
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• The Task 6 budget does not include costs for meeting with regulatory agency
representatives during SEM events.
• This proposal assumes that all overgrown vegetation along the Task 6 composite and
SEM landfill surface pathways will be mowed or cleared by others prior to the monitoring
events.
• SCS services exclude installation of new mechanical blowers at the BFS.
• The Task 6 budget excludes follow-up exceedance monitoring, should emissions
measured during the annual event exceed California LMR thresholds. Exceedance
monitoring would be performed under Task 3.
• The scope of work excludes preparation of an AB 32 LMR Alternatives Compliance Option
or ACO request for submittal to the BAAQMD. This has not been formally required for the
Burlingame Landfill but has been required by the BAAQMD at other Bay Area landfills
where less -than -continuous flare operation is allowed. The ACO request would petition for
the same flare operating conditions under the AB 32 LMR. If requested, SCS will perform
this if required under Task 4.
• The water quality monitoring system consists of ten (10) groundwater monitoring wells;
one (1) Ieachate line manhole, two Ieachate wells, and two (2) surface water sampling
points.
• The scope and budget for water quality monitoring and sampling is based on the new
revised WDRs and MRP, with modified sampling and analysis details in the new MRP
(Attachment 2)
• Laboratory analysis of water samples will be on a standard turn -around basis per the
contracted analytical laboratory.
• The labor estimate assumes purge and decontamination water generated during
sampling events can be disposed of at the Burlingame Waste Water Treatment Plant, at
no charge to SCS.
• All groundwater, Ieachate and LFG monitoring wells will remain accessible and in sound
working order. Maintenance, repair or modifications to the sampling points, or surveys of
reference point elevations would be performed under Task 3, or separate authorization if
required.
• Water quality monitoring and sampling for per- and polyfluoroalkyl substances or PFAS is
part of the new revised WDRs/MRP. This is to be performed on a 5-year cycle with the
first event to be performed during the first semi-annual period of 2024. A list of the PFAS
compounds is included in the MRP in Attachment 2.
• Additional PFAS testing is excluded from our baseline services. If requested by the
RWQCB, this work can be performed by SCS under Task 3 of this proposal, or via a
separate authorization.
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ATTACHMENT 1
FEE SCHEDULES
www.scsengineers.com
Environmental Consulting & Contracting
Fee Schedule - 01 Northern California
(Effective April 1, 2023 through March 31, 2024)
Rate/Hour
Clerical...................................................................................................................................................75
Ad m in istrative/Sec reta ri a I...................................................................................................................85
ProjectAdministrator............................................................................................................................95
Senior Project Administrator.............................................................................................................
130
Senior Office Services Manager........................................................................................................
150
Technician.............................................................................................................................................98
Senior Engineering Technician I........................................................................................................
105
Senior Engineering Technician II.......................................................................................................
115
TechnicalAssociate...........................................................................................................................
118
CADDrafter.........................................................................................................................................112
CADDesigner.....................................................................................................................................
135
Associate Staff Professional..............................................................................................................
115
StaffProfessional I.............................................................................................................................
125
StaffProfessional II............................................................................................................................
128
StaffProfessional III...........................................................................................................................
132
ProjectProfessional I.........................................................................................................................
135
ProjectProfessional II........................................................................................................................
140
ProjectProfessional III.......................................................................................................................
145
Senior Project Professional I.............................................................................................................
155
Senior Project Professional II............................................................................................................
160
Senior Project Professional III...........................................................................................................
165
ProjectManager I...............................................................................................................................
205
ProjectManager II..............................................................................................................................
220
ProjectManager III.............................................................................................................................
230
Senior Certified Industrial Hygienist.................................................................................................
240
Senior Project Manager I...................................................................................................................
235
SeniorProject Manager II..................................................................................................................
242
Senior Project Manager III.................................................................................................................
250
Senior Project Manager/Senior Project Advisor..............................................................................
270
ProjectDirector I................................................................................................................................
281
ProjectDirector II...............................................................................................................................
290
Principals.................................................................................................................................See Note 7
General Terms
1. Scheduled rates are effective through March 31, 2024. Work performed thereafter is subject to
a new Fee Schedule.
2. Costs for outside consultants and subcontractors, equipment/supplies, and for job -related
employee travel and subsistence, are billed at actual cost plus a 15 percent administrative fee.
KIM
4683 Chabot Drive, Suite 200, Pleasanton, CA 94588 1 925-426-0080 1 eFax 562-427-0805 a
SCS Fee Schedule
April 1, 2023
Page 2
3. Charges for SCS engineering field equipment and instruments will be in accordance with SCS's
Field Equipment Rental Rates Schedule in effect at the time the work is performed. Company
trucks are charged at $70 for up to a half day (4 hours) of use, and $125 for up to a full day
(company cars at $60/$100). These charges incorporate an allowance of 100 miles per job per
day; a
$0.655 per mile surcharge is applied for additional miles. Vehicle charges for long-term and/or
high -mileage projects may be negotiated on a case -by -case basis.
4. Invoices will be prepared monthly or more frequently for work in progress, unless otherwise
agreed. Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject
to a service charge of 1.5 percent per month on the unpaid balance.
5. Payment of SCS invoices for services performed will not be contingent upon the client's receipt of
payment from other parties, unless otherwise agreed in writing. Client agrees to pay legal costs,
including attorney's fees, incurred by SCS in collecting any amounts past due and owing on
client's accounts.
6. For special situations such as expert court testimony and limited consultation, hourly rates will be
on an individually negotiated basis.
7. Hourly rates for Principals will be on an individually negotiated basis. Typically, these rates are
$298 for Principals, $315/hour for Vice Presidents, $365/hour for Senior Vice Presidents, and
$380/hour for Senior Executives.
Environmental
Consulting & Contracting
Fee Schedule: OM&M
(Effective July 1, 2023 through June 30, 2024)
Technical Field Personnel Rate ($)/Hour
Laborer..................................................................................................................................................70
FusionTechnician.................................................................................................................................92
Technician...........................................................................................................................................105
SystemsSpecialist................................................................................................................................92
EquipmentOperator.............................................................................................................................98
Foreman................................................................................................................................................98
PlantOperator.......................................................................................................................................98
SeniorTechnician..............................................................................................................................
128
Superintendent..................................................................................................................................
135
Mechanic............................................................................................................................................
135
ControlsSpecialist.............................................................................................................................
179
SeniorSuperintendent.......................................................................................................................
160
Technical Field Personnel Prevailing Wage Rate ($)/Hour
Laborer/ Pipefitter/Fusion Technician..............................................................................................
185
Equipment Operator/Supervisor.......................................................................................................
245
Management/Support Personnel Rate ($)/Hour
Secretarial.............................................................................................................................................65
ProjectAdministrator............................................................................................................................85
FieldData Analyst.................................................................................................................................95
Senior Project Administrator.............................................................................................................
120
Administrative Coordinator................................................................................................................
125
Designer/Drafter................................................................................................................................
128
Project Coordinator/Accountant.......................................................................................................
138
FieldProject Coordinator...................................................................................................................
157
Project Professional/H&S Specialist................................................................................................
169
Regional Field Compliance Auditor...................................................................................................
194
Controls & Instrument Engineer........................................................................................................
197
Product Development Manager........................................................................................................208
System Integrator/Product Manager................................................................................................
215
Project Manager/H&S/National Compliance Manager...................................................................
239
Senior Project Professional...............................................................................................................
244
SeniorProject Manager.....................................................................................................................
255
NationalRMC Director.......................................................................................................................
272
SeniorProject Advisor........................................................................................................................
277
Regional Manager/Project Director..................................................................................................
300
General Terms
1. Labor rates are in effect until June 30, 2024. Any work performed after that date is subject to a
new Standard Fee Schedule.
3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806 1 562-426-9544 1 eFax 562-492-6210 a
SCS Field Services Fee Schedule
July 1, 2023 through June 30, 2024
Page 2
2. The above rates include salary, overhead, and profit. Other direct charges, such as
subcontractors, construction equipment, materials, air travel, freight, auto rental, permits, fees,
taxes, tolls, and other costs incurred for the project, will be billed at cost plus 15 percent. The
cost of equipment owned by SCS Field Services will not be subject to administrative mark-up.
Automobile mileage cost is $0.54 per mile. Trucks will be charged at $22.00/hour. (No
administrative mark-up will be applied to charges for company owned vehicles.)
3. Invoices will be prepared monthly for work in progress, unless otherwise agreed. Invoices are due
and payable upon receipt. Any invoices not paid within 30 days of receipt are subject to a service
charge of 1.5 percent per month on the unpaid balance.
4. Payment of SCS Field Services invoices for services performed will not be contingent upon the
client's receipt of payment from other parties. The client agrees to pay legal costs, including
attorney's fees, incurred by SCS Field Services in collecting any amounts past due and owing on
the client's accounts.
5. Rates for Principals may be negotiated on a project -specific basis. For special situations, such as
expert testimony or international assignments, hourly rates will be on an individually negotiated
basis.
6. On short term or one-time assignments, services which require less than eight (8) hours, but
more than four (4) hours, will be billed at eight (8) hours. A minimum of four (4) hours will be
billed for any service requested which is not conducted in conjunction with an ongoing, long term
project (including call -outs after normal work hours), and will be charged portal-to-portal from
SCS Field Services offices.
7. For operation, construction, and/or repair work performed on weekends and/or nights (if work
exceeds 8 hours in a day), the above rates will be marked up 50 percent. For work performed on
Company recognized holidays or beyond 12 hours in a day, the above rates will be marked up
100 percent.
8. These rates are based on non -union, non -prevailing wage scales unless noted otherwise in above
labor categories.
9. For long-term on -site project assignments, rates may be discounted on an individually negotiated
basis. Long-term on -site personnel are permitted to return home every four (4) weeks. Travel
expense shall be invoiced to the client at cost plus 15 percent.
10. For projects that are not local to a SCS Field Services office, thereby requiring crew mobilizations,
lodging costs and a $55 per person per diem cost will be charged. Lodging and per diem costs
will be marked up 15 percent.
11. For projects that require crews to mobilize from a local office and stay in a hotel local to a project
site to efficiently perform client requested work, a $55 per day per person per diem cost will be
charged to the project as well as a nightly hotel cost. Hotel costs typically range from $100 to
$200 per night. SCS Field Services will make every effort to find the most cost efficient hotels. In
some high expense locations, hotel rates may be above $200 per night. Hotel and per diem
expense will be marked up 15 percent.
SCS Field Services Fee Schedule
July 1, 2023 through June 30, 2024
Page 3
12. Costs for equipment and analysis will be billed in accordance with the rates contained on SCS
Field Services Standard Fee Schedule for Equipment and Analysis.
Environmental
Consultants & Contractors
Fee Schedule: OM&M Equipment and Analysis
(Effective July 1, 2023 through June 30, 2024)
Rate ($)
GEM 2000 NAV/5000 NAV/Envision Gas Analyzer(s):
• Daily Rate..................................................................................................................... 185/day
• Weekly Rate...............................................................................................................555/week
• Monthly Rate........................................................................................................2,775/month
GEM 5000 w/H2S/CO:
• Daily Rate..................................................................................................................... 200/day
• Weekly Rate...............................................................................................................600/week
• Monthly Rate........................................................................................................3,000/month
SEM 500/TVA 2020/TDL 500/ Site FID Emissions Monitor:
• Daily Rate..................................................................................................................... 200/day
• Weekly Rate...............................................................................................................600/week
• Monthly Rate........................................................................................................3,000/month
Q Rae Gas Analyzer 02/H2S/CO/Combustibles...............................................................................50/day
Micro Max Gas Analyzer 02/H2S/CO/C01 Combustibles
.................................................................50/day
4-Gas Meter........................................................................................................................................50/day
Magnehelic Pressure Meter..............................................................................................................10/day
Digital Readout Thermocouple..........................................................................................................25/day
Dewatering Pump (Trash Pump).......................................................................................................45/day
Drager Detector Tubes/Pump........................................................................................................
20/each
MiniRae 2000/3000 PID:
• Daily Rate.....................................................................................................................
150/day
• Weekly Rate...............................................................................................................450/week
• Monthly Rate........................................................................................................
2,250/month
RKI Eagle II:
• Daily Rate..................................................................................................................... 150/day
• Weekly Rate...............................................................................................................450/week
• Monthly Rate........................................................................................................ 2,250/month
3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806 1 562-426-9544 1 eFax 562-492-6210 a
SCS Field Services Fee Schedule: OM&M Equipment and Analysis
July 1, 2023 through June 30, 2024
Page 2
Rate ($)
Air Sampling Station:
• Daily Rate........................................................................................................................50/day
• Weekly Rate...............................................................................................................150/week
• Monthly Rate........................................................................................................... 750/month
Pipe Laser:
• Daily Rate........................................................................................................................50/day
• Weekly Rate...............................................................................................................150/week
• Monthly Rate........................................................................................................... 750/month
PAS 3000 Personal Air Sampling Pump...........................................................................................25/day
TedlarBag (10-Liter)....................................................................................................................... 40/each
Non -Contaminating Air Sampling Pump...........................................................................................25/day
InterfaceProbe...................................................................................................................................50/day
Handheld GPS:
• Daily Rate........................................................................................................................25/day
• Weekly Rate................................................................................................................. 75/week
• Monthly Rate........................................................................................................... 375/month
Submersible Pump:
• Daily Rate........................................................................................................................50/day
• Weekly Rate...............................................................................................................150/week
• Monthly Rate........................................................................................................... 750/month
Water Level Indicator:
• Daily Rate........................................................................................................................20/day
• Weekly Rate.................................................................................................................60/week
• Monthly Rate........................................................................................................... 300/month
Water Level Meter w/Temperature:
• Daily Rate........................................................................................................................45/day
• Weekly Rate...............................................................................................................135/week
• Monthly Rate........................................................................................................... 675/month
SCS Field Services Fee Schedule: OM&M Equipment and Analysis
July 1, 2023 through June 30, 2024
Page 3
Rate ($)
100-Foot Temperature Probe:
• Daily Rate........................................................................................................................15/day
• Weekly Rate.................................................................................................................45/week
• Monthly Rate........................................................................................................... 225/month
TeflonWell Bailer............................................................................................................................ 25/each
Vacuum Box/Carbon Canister and Blower.................................................................................... 150/day
ToolTruck.........................................................................................................................................22/hour
No. 14 P.E. Fusion Machine (1"-4"):
• Daily Rate..................................................................................................................... 110/day
• Weekly Rate...............................................................................................................330/week
• Monthly Rate........................................................................................................ 1,650/month
No. 26 P.E. Fusion Machine (2"-6"):
• Daily Rate..................................................................................................................... 135/day
• Weekly Rate...............................................................................................................405/week
• Monthly Rate........................................................................................................ 2,025/month
No. 28 P.E. Fusion Machine (2"-8")
• Daily Rate..................................................................................................................... 180/day
• Weekly Rate...............................................................................................................540/week
• Monthly Rate........................................................................................................ 2,700/month
No. 412 P.E. Fusion Machine (4"-12"):
• Daily Rate..................................................................................................................... 275/day
• Weekly Rate...............................................................................................................825/week
• Monthly Rate........................................................................................................4,125/month
No. 618 P.E. Fusion Machine (6"-18"):
• Daily Rate..................................................................................................................... 475/day
• Weekly Rate........................................................................................................... 1,425/week
• Monthly Rate........................................................................................................ 7,125/month
No. 824 P.E. Fusion Machine (8"-24"):
• Daily Rate..................................................................................................................... 950/day
• Weekly Rate........................................................................................................... 2,850/week
• Monthly Rate......................................................................................................14,250/month
SCS Field Services Fee Schedule: OM&M Equipment and Analysis
July 1, 2023 through June 30, 2024
Page 4
Rate ($)
Trackstar 500 Fusion Machine:
• Daily Rate..................................................................................................................... 425/day
WeeklyRate........................................................................................................... 1,275/week
MonthlyRate........................................................................................................ 6,375/month
Sidewinder Fusion Machine:
• Daily Rate..................................................................................................................... 150/day
• Weekly Rate...............................................................................................................450/week
• Monthly Rate........................................................................................................ 2,250/month
Electrofusion Processor Machine:
• Daily Rate..................................................................................................................... 175/day
• Weekly Rate...............................................................................................................525/week
• Monthly Rate........................................................................................................2,625/month
Leister Extrusion Welding Gun....................................................................................................... 150/day
AirCompressor...................................................................................................................................60/day
ArcWelder..........................................................................................................................................75/day
Generator(3,500-Watt).....................................................................................................................60/day
Generator(5,000-Watt).....................................................................................................................75/day
Generator(6,000-Watt).....................................................................................................................80/day
Generator(8,000-Watt).....................................................................................................................85/day
Isolation Pinch -off Tool (1"-4"):
• Daily Rate........................................................................................................................40/day
• Weekly Rate...............................................................................................................120/week
• Monthly Rate........................................................................................................... 600/month
Isolation Pinch -off Tool (2"-8"):
• Daily Rate........................................................................................................................60/day
• Weekly Rate...............................................................................................................180/week
• Monthly Rate........................................................................................................... 900/month
Isolation Pinch -off Tool (8"-12"):
• Daily Rate..................................................................................................................... 100/day
• Weekly Rate...............................................................................................................300/week
• Monthly Rate........................................................................................................1,500/month
SCS Field Services Fee Schedule: OM&M Equipment and Analysis
July 1, 2023 through June 30, 2024
Page 5
Rate ($)
4-Wheeler (ATV/UTV):
• Daily Rate........................................................................................................................50/day
• Weekly Rate...............................................................................................................150/week
• Monthly Rate........................................................................................................... 750/month
4-Wheeler with 44" Mow Deck:
• Daily Rate..................................................................................................................... 100/day
• Weekly Rate...............................................................................................................300/week
• Monthly Rate........................................................................................................1,500/month
Riding Mower:
• Daily Rate..................................................................................................................... 175/day
• Weekly Rate...............................................................................................................525/week
• Monthly Rate........................................................................................................ 2,625/month
Chain Saw:
• Daily Rate........................................................................................................................10/day
• Weekly Rate................................................................................................................. 30/week
• Monthly Rate........................................................................................................... 150/month
Horiba Water Quality Meter:
• Daily Rate........................................................................................................................50/day
• Weekly Rate...............................................................................................................150/week
• Monthly Rate........................................................................................................... 750/month
Hydrogen Sulfide Meter:
• Daily Rate..................................................................................................................... 190/day
• Weekly Rate...............................................................................................................570/week
• Monthly Rate........................................................................................................2,850/month
Infrared Thermometer:
• Daily Rate........................................................................................................................10/day
• Weekly Rate.................................................................................................................30/week
• Monthly Rate........................................................................................................... 150/month
Micropurge Flow Cell (Groundwater):
• Daily Rate..................................................................................................................... 100/day
• Weekly Rate...............................................................................................................300/week
• Monthly Rate........................................................................................................1,500/month
SCS Field Services Fee Schedule: OM&M Equipment and Analysis
July 1, 2023 through June 30, 2024
Page 6
Rate ($)
Oiless Compressor and Control Box (Groundwater):
• Daily Rate........................................................................................................................75/day
• Weekly Rate...............................................................................................................225/week
• Monthly Rate........................................................................................................
1,125/month
Earth/Resistance Tester:
• Daily Rate..................................................................................................................... 100/day
• Weekly Rate...............................................................................................................300/week
• Monthly Rate........................................................................................................
1,500/month
Pitot Tube and Gauges:
• Daily Rate........................................................................................................................10/day
• Weekly Rate.................................................................................................................30/week
• Monthly Rate........................................................................................................... 150/month
Pressure Washer:
• Daily Rate........................................................................................................................50/day
• Weekly Rate...............................................................................................................150/week
• Monthly Rate........................................................................................................... 750/month
Turbidity Meter/Conductivity Meter:
• Daily Rate........................................................................................................................25/day
• Weekly Rate.................................................................................................................75/week
• Monthly Rate........................................................................................................... 375/month
Vacuum Air Pump:
• Daily Rate..................................................................................................................... 100/day
• Weekly Rate...............................................................................................................300/week
• Monthly Rate........................................................................................................
1,500/month
Downhole Video Camera System................................................................................................... 200/day
Weed Trimmer:
• Daily Rate........................................................................................................................25/day
• Weekly Rate.................................................................................................................75/week
• Monthly Rate........................................................................................................... 375/month
SCS Field Services Fee Schedule: OM&M Equipment and Analysis
July 1, 2023 through June 30, 2024
Page 7
Safety Equipment:
Tripod:
Rate ($)
• Tyvek Suit (each).........................................................................................................
15/each
• Polyethylene suit (each)..............................................................................................
20/each
• Nitrile gloves (per pair)................................................................................................
15/each
• PVC Gloves (per pair)...................................................................................................
15/each
• Rubber booties (per pair)............................................................................................
15/each
• Organic Vapor Cartridges (per pair)............................................................................
20/each
• Organic Vapor/Acid Cartridges (per pair)...................................................................
25/each
• Cartridges pre -filters (per pair)...................................................................................
15/each
• Half face respirator (each).............................................................................................20/day
• Full face respirator (each).............................................................................................25/day
• Ventilator/manhole blowers..........................................................................................25/day
• Parachute harness.........................................................................................................10/day
• Daily Rate........................................................................................................................75/day
• Weekly Rate...............................................................................................................225/week
• Monthly Rate........................................................................................................ 1,125/month
SCBA................................................................................................................................................ 200/day
General Terms
1. Rates are in effect until June 30, 2024. Any work performed after that date will be subject to a
new Schedule of Fees.
2. Equipment usage rates are exclusive of freight charges to and from the project site. Freight is an
additional expense chargeable to the client.
3. Shipping, supplies, equipment rental, materials, vehicle mileage, and other non -labor equipment
costs or direct costs are billed at cost plus 15 percent.
4. Equipment rented will be charged portal-to-portal from SCS Field Services offices. Renter is
responsible for return charges.
5. The cost of equipment owned by SCS Field Services will not be subject to administrative mark-up.
ATTACHMENT 2
NEW WDRS AND MRP
www.scsengineers.com
A-16
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
ORDER No. R2-2023-0005
UPDATED WASTE DISCHARGE REQUIREMENTS and RESCISSION
OF ORDER Nos. 82-55, 95-130, and R2-2007-0039 for:
CITY OF BURLINGAME
SANITARY SOLID WASTE DISPOSAL SITE
BURLINGAME, SAN MATEO COUNTY
The California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter
the Regional Water Board or Board), finds that:
DISCHARGER AND LOCATION
This Order prescribes waste discharge requirements for the closed Burlingame Sanitary
Solid Waste Disposal Site (Landfill) in San Mateo, California. The site is located in the City of
Burlingame and is surrounded by Airport Boulevard and San Francisco Bay to the north,
Doubletree Hotel to the east, and a marsh and the Burlingame Lagoon, a tributary to San
Francisco Bay, to the south (Figure 1). A wastewater treatment plant and city park are
located adjacent to the west of the site. The site is presently maintained as a community
recreational facility, with multiple amenities including a golf driving range,
clubhouse/restaurant, soccer field, baseball field, dog run and pedestrian pathways, and an
asphalt parking lot.
2. The City of Burlingame (hereinafter, the Discharger) owned and operated the Landfill during
its active life from 1957 to 1987, and until closure in 2002. The Discharger continues to own
the Landfill and retains responsibility for managing and monitoring the Landfill and is
responsible for compliance with this Order.
PURPOSE OF ORDER UPDATE
3. The primary objectives of this Order are to:
a. Acknowledge the planned post -closure land use (i.e., construction of a TopGolf
commercial/recreational facility on top of the closed landfill where the current golf driving
range resides), and planned upgrades to the Landfill cover and gas collection system;
b. Specify groundwater monitoring requirements consistent with Title 27, Division 2 of the
California Code of Regulations (CCR) and due to the change in post -closure land use;
and
c. Rescind Order Nos. 82-55, 95-130, and R2-2007-0039 as amended by R2-2022-0031,
the previous Waste Discharge Requirements (WDRs) for the Landfill, to reflect the
current state and planned development of the Landfill.
Burlingame Landfill R2-2023-0005
REGULATORY HISTORY
4. The Regional Water Board regulates the Landfill under the authority of Title 27 CCR,
Division 2, which prescribes requirements for the disposal of waste to land. In 1982, the
Board adopted Order No. 82-55, which prescribed WDRs for the Landfill. The WDRs were
updated in 1995 (Order No. 95-130) and amended in 2007 (Order No. R2-2007-0039).
These orders established tasks necessary to characterize and contain landfill waste
materials and to monitor and prevent impacts to water quality.
5. WDR Order No. R2-2007-0039 was amended in 2022 by Order No. R2-2022-0031
(Amendment to Waste Discharge Requirements for Long -Term Flood Protection
Considerations at Closed and Operating Municipal Solid Waste Bayfront Landfills). This
general amendment required the Burlingame Landfill (and other Bayfront landfills) to submit
a Long -Term Flood Protection Plan that identifies strategies for the long-term protection of
the Landfill from flooding and inundation due to sea level rise, groundwater rise, and extreme
climate/weather events.
LANDFILL OPERATION
6. Dates of Operation: The Landfill was in operation from 1957 until 1987 and accepted
inorganic construction debris, concrete rubble, wood, plastic, garden refuse, metal, and
clean soil. No household garbage or hazardous wastes were accepted. Soil and refuse fill
reached a maximum thickness of approximately 53 feet. The final Landfill cap was
completed in 2002 when recreation facilities were constructed on the site.
GEOLOGICAL AND HYDROGEOLOGICAL SETTING
7. Geology: The Landfill is located on the western side of San Francisco Bay. The Bay
occupies a major structural depression between the Coast Ranges and the Berkeley Hills.
Subsurface geology is characterized by a series of continental and marine sediments
overlying bedrock. Bedrock is exposed in the surrounding highlands. Most of the bedrock
consists of Jurassic to Pliocene marine sediments with rocks of the Franciscan Complex
predominating.
8. Local Seismic Setting: The Landfill is located in a seismically active area between three
major northwest -trending faults that lie on either side of the Bay: the San Andreas Fault to
the west and the Hayward and Calaveras Faults to the east. Tectonic activity along these
faults and associated down -warping of the area between them are responsible for the
formation of the Bay. The site is not located within an Alquist-Priolo Earthquake Fault Zone
but is located within a liquefaction hazard zone.
9. Hydrogeology: The subsurface geology below the Landfill refuse is characterized by a
series of interfingering sand, silt, and clay lenses that are primarily alluvial fan, stream, and
outwash plain deposits. The stratigraphic sequence has been described as consisting of an
upper clay, upper sand, lower clay, and lower sand unit. However, recent geologic
investigations have not identified a lower sand unit in soil borings. The Young Bay Mud
below the site has been found to be discontinuous across the site, likely due to regrading
during Landfill operations.
'r�
Burlingame Landfill R2-2023-0005
10.Ambient Groundwater Quality: Shallow groundwater at the Landfill is not used as a source
of drinking water given its immediate proximity to the San Francisco Bay and the effects of
saltwater mixing and intrusion. The natural electrical conductivity of the groundwater typically
ranges from 4,000 to over 40,000 microsiemens per centimeter (pS/cm). Groundwater in the
vicinity of the Landfill is tidally influenced and the chemistry resembles brackish water
typically observed along the San Francisco Bay margins.
11. Surface Water Bodies and Sea Level Rise: Surface water bodies in the vicinity of the
Landfill include the San Francisco Bay to the north and the Burlingame Lagoon, a tributary to
the San Francisco Bay, to the south. The Landfill and the low-lying land around it are
vulnerable to the effects of sea level rise, which could impact water quality. Therefore,
Provision 9 of this Order requires the Discharger to submit a climate change vulnerability
assessment and adaptation plan (Long -Term Flood Protection Plan) acceptable to the
Executive Officer. This requirement was previously set forth in Order No. R2-2022-0031,
which amended WDRs for Bayfront Landfills.
CONSTRUCTION AND CLOSURE
12. Final Cover Construction: In 1987, a seepage barrier, leachate drain, and landfill gas
(LFG) collection system were constructed along the east side of the Landfill in conjunction
with the construction of a nearby hotel and the extension of Anza Boulevard. During the
Airport Boulevard renovation in 1989 and 1990 a vertical clay containment barrier and
Ieachate drain immediately north of the landfill also were constructed. The west end of the
containment barrier was keyed into clean fill which had been placed there during
construction of the existing adjacent wastewater treatment plant to the west of the Landfill.
The east end was tied into the seepage barrier along the eastern perimeter. The barrier was
keyed into at least two feet of Bay Mud.
13. Stormwater Drainage and Permit Requirements: Runoff from the relatively flat surface of
the Landfill is conveyed as surface flow and collected in various drain inlets, which are
connected to below -grade pipes that ultimately discharge to the City of Burlingame's
stormwater system. Proposed enhancements to the lateral flow across the redevelopment
area will be outlined in the amended Final Post -Closure Maintenance Plan (PCMP),
scheduled for submittal in 2023.
14. LFG Collection and Removal System: The LFG collection system includes an extensive
network of gas collection wells, which are connected to an extraction header via laterals to
each LFG well. The details and operation of the LFG system will be detailed in the amended
Final PCMP.
15.Operation and Maintenance Plan: SCS Engineers, on behalf of the City of Burlingame, is
currently preparing an amended Final PCMP document to reflect the City of Burlingame's
approval for further redevelopment of a portion of the Landfill by TopGolf, USA. This program
details site operations and clarifies responsibilities for:
Drainage system inspections and maintenance program;
Vegetative cover inspections and maintenance program;
Groundwater monitoring system inspections and maintenance program;
0
Burlingame Landfill R2-2023-0005
Leachate monitoring system inspections and maintenance program; and
LFG control system inspections and maintenance program.
POST -CLOSURE LAND USE AND PROPOSED DEVELOPMENT
16. The facility is divided into two areas, referred to as the lower deck and upper deck. Each
area is underlain by a cap of either low -permeability clay or geosynthetic clay liner (GCL)
(permeability of 1x10-6 cm/s or less). The lower deck area contains a baseball field, dog
park, planting area, and a maintenance road/public walking trail. The top deck area consists
of the golf driving range, soccer field, and practice area. The driving range is currently
undergoing redevelopment in coordination with TopGolf, USA, to construct a new driving
range recreational facility. The new development will entail replacement of the existing
Landfill top deck driving range with a TopGolf commercial recreation and sports complex on
an approximately 15-acre portion of the Landfill. The new facility will consist of the
recreational building, outfield area, and parking lot.
The proposed 71,024 square -foot, three -level building will include 102 climate -controlled
hitting bays along with a restaurant, outdoor dining, and indoor event space. The building will
be supported by foundation piles driven approximately 125 feet below grade extending
through refuse and Young Bay Mud layers to the underlying alluvium. The lower level of the
building will be constructed above grade on metal decking. The outfield area will be
approximately 5 acres and will contain an approximately 240-yard driving range from the
edge of the building to the net line. The redevelopment will also include 475 parking spaces
surrounding the building and driving range.
REQUIRED PROTECTIVE MEASURES FOR DEVELOPMENT
17. This Order sets forth numerous requirements to ensure that the proposed development
sufficiently protects water quality, human health, and the environment and does not cause
water quality impairment. These requirements are contained in the Prohibitions,
Specifications, and Provisions in this Order. The need for these requirements is discussed
below.
18. Penetrations of Landfill for Support Piles: The proposed redevelopment requires the
installation of over one hundred structural support piles that will penetrate the Landfill final
cover, buried waste, and the Landfill base and extend into the underlying geologic media that
are saturated with groundwater. These penetrations have the potential to cause or allow
migration of Landfill leachate into unimpacted groundwater. Prohibitions 1, 10, and 11 of this
Order prohibit migration of contaminants from the Landfill. Specification 12 and Provision 5
of this Order require the Discharger to mitigate these concerns in project design.
Nonetheless, leachate migration associated with these penetrations remains a possibility.
Specification 1 and Provisions 3 and 4 require the Discharger to perform detection
monitoring to identify any water quality impacts that may be caused by development
activities, to control leachate migration, and to perform corrective actions if needed.
MONITORING PROGRAMS
19. The Self -Monitoring Program (SMP) attached to this Order revises the groundwater
monitoring program previously required by WDR Order No. R2-2007-0039. The groundwater
CI
Burlingame Landfill R2-2023-0005
monitoring network at the Burlingame Landfill includes eight groundwater monitoring wells,
two leachate wells, one leachate line manhole, and two designated surface water sampling
points.
Groundwater samples obtained from monitoring wells are to be analyzed for field parameters
(pH, specific conductance, water level, etc.), site specific detection monitoring parameters
(total organic carbon, total Kjeldahl nitrogen, and volatile organic compounds [VOCs]), and
additional parameters including per- and polyfluorinated alkyl substances (PFAS). See
Tables B-1 and B-2 in the attached SMP.
FINANCIAL ASSURANCE
20. The Discharger provides documentation every five years that adequate Financial
Assurances (FA) exist for post -closure maintenance and potential water -related and non -
water -related corrective action in accordance with Title 27 CCR, Division 2, Subdivision 1,
Chapter 6. The Discharger must demonstrate adequate financial assurance until landfilled
wastes no longer pose a threat to water quality. FA mechanisms and future updates of the
FA mechanism shall consider groundwater rise as it relates to the stability of the saturated
waste mass, integrity of the Landfill cap, structural stability of any building constructed on top
of a landfill, and additional methane gas generation due to a wetter waste mass, including
methane monitoring probes near the perimeter of the site and methane detection systems
inside any overlying building.
ANTIDEGRADATION POLICY
21. The State Water Resources Control Board (State Water Board) established California's
antidegradation policy through State Water Board Resolution 68-16, which requires that
existing high water quality be maintained unless degradation is justified based on specific
findings. Adoption of this order will not result in lower water quality and complies with the
antidegradation policy. It requires existing water quality in the vicinity of the Landfill to be
maintained; directs the continued operation of the groundwater and LFG containment
systems and maintenance of the Landfill cap; and requires verification that degradation has
not occurred through regular monitoring and inspections.
BASIN PLAN
22. The Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) is the Regional
Water Board's master water quality control planning document. It designates beneficial uses
and water quality objectives for waters of the State, including surface waters and
groundwater. It also includes programs of implementation to achieve water quality
objectives. The Basin Plan was duly adopted by the Regional Water Board and approved by
the State Water Board, U.S. EPA, and the Office of Administrative Law, where required.
BENEFICIAL USES AND SOURCES OF DRINKING WATER
23. The beneficial uses of Lower San Francisco Bay and Burlingame Lagoon are:
a. Industrial Service Supply
b. Commercial and sport fishing
c. Shellfish Harvesting
5
Burlingame Landfill R2-2023-0005
d. Estuarine habitat
e. Fish migration and spawning
f. Preservation of rare and endangered species
g. Wildlife Habitat
h. Water contact recreation
i. Non -contact water recreation
Navigation
24. The existing and potential uses of shallow groundwater beneath and adjacent to the
Burlingame Landfill in the lower sand are limited due to the highly saline nature of the water,
reflecting proximity to the San Francisco Bay.
HUMAN RIGHT TO WATER POLICY
25. Under Water Code section 106.3, the State of California's policy is that every human being
has the right to safe, clean, affordable, and accessible water adequate for human
consumption, cooking, and sanitary purposes. (Wat. Code, § 106.3; see also State Water
Board Resolution No. 2016-0010.) The human right to water extends to all Californians,
including disadvantaged individuals and groups and communities in rural and urban areas.
This Order promotes the Human Right to Water Policy by prohibiting discharges of waste
and leachate from the Landfill.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
26. This Order updates the existing waste discharge requirements for the Landfill to
acknowledge a post -closure land use change and upgrades to the Landfill cover and gas
collection system. The City of Burlingame approved the TopGolf development at the Landfill
site through a Design Review and Conditional Use Permit on May 11, 2020. In connection
with the approval, the City of Burlingame adopted a Mitigated Negative Declaration (MND)
under the California Environmental Quality Act (Pub. Resources Code section 21000 et seq.
CEQA), finding that the project, as mitigated, would not have any significant effect on the
environment. The Regional Water Board, as a responsible agency under CEQA, considered
the MND and finds that adoption of this Order will not have significant effects on the
environment. Furthermore, this Order includes requirements to prevent significant water
quality impacts as a result of the city -approved development.
NOTIFICATIONS AND MEETING
27. The Regional Water Board has notified the Discharger and interested agencies and persons
of its intent to amend the Landfill's WDRs and has provided them with an opportunity for a
public hearing and an opportunity to submit their written views and recommendations.
28. The Regional Water Board, in a public meeting, heard and considered all comments
pertaining to this amendment of WDRs.
IT IS HEREBY ORDERED, pursuant to the authority in California Water Code (CWC)
section 13263, and CCR, Title 27, Division 2, Subdivision 1, that the Discharger shall meet the
applicable provisions contained in Title 27 and shall comply with the following:
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Burlingame Landfill R2-2023-0005
A. PROHIBITIONS
Post -closure development of the Landfill shall not result in adverse impact to waters of
the State. Wastes exposed temporarily during construction shall not be allowed to exist in
any position where they can migrate from the Landfill to adjacent geologic materials or
waters of the State.
2. The creation of any new waste management unit is prohibited.
3. No additional waste shall be deposited or stored at this Landfill, except for waste
temporarily contained in trash receptacles at the recreational sites developed on the
Landfill. Such waste may be stored temporarily, but not disposed of, at the Landfill.
4. Relocation of Landfill wastes is prohibited without prior Regional Water Board
concurrence.
5. Waste materials shall not be exposed or relocated to any position where they can migrate
from the Landfill to adjacent geologic materials, waters of the State, or waters of the
United States during the post -closure maintenance period.
6. Untreated or inadequately treated groundwater or leachate shall not create a condition of
pollution or nuisance nor degrade the quality of waters of the State or waters of the
United States.
7. The Discharger shall not perform any intrusive activities, such as digging or trenching, on
the Landfill surface that have the potential to negatively affect the integrity and proper
function of the Landfill cap without prior Regional Water Board approval. The only
exceptions to this prohibition are for routine maintenance or improvements as described
in the PCMP or, in the event of an emergency, repair to the landfill gas collection system
(LGCS) to protect human health and the environment. In addition, the Discharger may
perform subsidence repairs if suitable soils and methods, as described in the PCMP, are
utilized to repair the cap and maintain positive surface water flow.
8. The Discharger shall not damage the Landfill cap during vegetative growth control.
9. Excavation within, or reconfiguration of, any existing waste management unit is prohibited
without prior written concurrence of Regional Water Board. Minor excavation or
reconfiguration activities, such as replacement of LFG/leachate collection and control
system elements, installation of signs or landscaping or for routine maintenance and
repair, do not require prior staff concurrence.
10. Piers, piles, or columns placed through the Landfill's waste material shall not cause
adverse impacts to groundwater quality, nor serve as a conduit for the downward
migration of Landfill leachate or contaminants into underlying groundwater. Piers, piles,
or columns shall not serve as a conduit for the upward migration of LFG that are not fully
captured by the LFG control system, which protects buildings and structures above the
Landfill cap. All wells and borings that are no longer being used at the site shall not pose
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Burlingame Landfill R2-2023-0005
a threat of leachate or contaminant migration below the refuse or LFG migration above
the cap.
11. Leachate, stormwater, or groundwater containing leachate or in contact with waste, shall
not be discharged to waters of the State or waters of the United States.
12. Buildup of leachate levels within the Landfill that adversely impacts waters of the State is
prohibited.
13. The Discharger shall not cause the following conditions to exist in waters of the State or
waters of the United States at any place outside existing waste management units:
a. Surface Waters:
i. Floating, suspended, or deposited macroscopic particulate matter or foam;
ii. Bottom deposits or aquatic growth;
iii. Adverse changes in temperature, turbidity, or apparent color beyond natural
background levels;
iv. Visible, floating, suspended, or deposited oil, or other products of petroleum origin;
or
v. Toxic or other deleterious substances to exist in concentrations or quantities that
may cause deleterious effects on aquatic biota, wildlife, or waterfowl, or that
render any of these unfit for human consumption either at levels created in the
receiving waters or as a result of biological concentrations.
b. Groundwater:
i. Degradation of groundwater quality; or
ii. Significant migration of pollutants through subsurface transport.
B. SPECIFICATIONS
1. The Discharger shall implement a Detection Monitoring Program (DMP) pursuant to
Title 27, section 20420. The DMP shall be designed to identify any water quality impacts
from the Landfill and demonstrate compliance with the Water Quality Protection Standard
(WQPS), which is required pursuant to Title 27 CCR, section 20390. The SMP attached
to this Order is intended to constitute the DMP for the Landfill.
The WQPS for the Landfill shall include constituents of concern, concentration limits,
point of compliance and all monitoring points. The WQPS shall establish and comply with
all of the following:
a. Constituents of Concern: Constituents of Concern (COCs) include "all waste
constituents, reaction products, and hazardous constituents that are reasonably
expected to be in or derived from waste contained in the Unit." (Cal. Code Regs.,
Title 27, § 20395[a].) COCs include monitoring parameters identified in the SMP
attached to this Order or any future amendment thereof;
Burlingame Landfill R2-2023-0005
b. Monitoring Parameters: Monitoring parameters (MPs), a subset of the COCs, are
typically the most mobile and commonly detected COCs in groundwater at the site
and are measured on a more frequent basis than the other COCs. The MPs for the
site shall include, at a minimum, all constituents identified as such in the SMP. The
Discharger may propose modification to the MPs as additional data become available
concerning site -specific source characteristics and natural background water quality.
However, modifications shall only be made upon written concurrence from the
Executive Officer;
c. Water Standard: The Water Standard for corrective action COCs at the specified
points of compliance shall be set at the maximum contaminant level (MCL) specified
in Title 22 CCR or 40 Code of Federal Regulations (CFR) parts 141 and 143,
whichever is lower;
d. Point of Compliance (POC): The POC is the "vertical surface located at the
hydraulically downgradient limit of the Unit that extends through the uppermost aquifer
underlying the Unit" (Cal. Code Regs., Title 27, § 20405[a].); and
e. Monitoring Points: A Monitoring Point is "a well, device, or location specified in the
waste discharge requirements at which monitoring is conducted and at which the
water quality protection standard, under section 20390, applies." (Cal. Code Regs.,
Title 27 § 20164.).
Background Monitoring Points: A Background Monitoring Point is "a well, device, or
location specified in the waste discharge requirements at which monitoring for
background water quality or background soil quality is conducted." (Cal. Code Regs.,
Title 27, § 20164.).
2. The Discharger shall conduct monitoring activities according to the SMP attached to this
Order, and as may be amended by the Executive Officer, to verify the effectiveness of the
Landfill's systems for monitoring, containment, collection, treatment, and removal of
leachate and LFG.
3. All monitoring wells shall be constructed in a manner that maintains the integrity of the
drill hole, prevents cross -contamination of saturated zones, and produces representative
groundwater samples from discrete zones within the water -bearing zone each well is
intended to monitor.
4. The Discharger shall repair or install new monitoring wells to replace any monitoring well
designated as a Monitoring Points that is damaged, destroyed, or rendered non-
functional during the Landfill's post -closure maintenance period.
5. The Discharger shall maintain all devices or designed features installed in accordance
with this Order, and in accordance with the SMP, such that they continue to operate as
intended without interruption.
6. The Discharger shall install any additional groundwater and leachate monitoring features
required to fulfill the terms of the SMP.
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Burlingame Landfill R2-2023-0005
7. All samples collected at the Landfill shall be analyzed by state -certified laboratories, or
laboratories accepted by the Regional Water Board, using approved U.S. EPA methods
for the type of analysis to be performed. All laboratories shall maintain quality
assurance/quality control records for Regional Water Board review. This specification
does not apply to analyses that can only be reasonably performed onsite (e.g., pH).
8. The Discharger shall maintain the Landfill to prevent a measurably significant increase in
water quality parameters at points of compliance.
9. Whenever there is "measurable significant" evidence (as defined in CCR Title 27, section
20164) or significant physical evidence of a release, the Discharger shall be prepared to
implement an Evaluation Monitoring Program (EMP) pursuant to CCR Title 27, section
20425, at the direction of the Executive Officer. In such a case, the Discharger shall
continue implementing the DMP as prescribed in any SMP attached to this Order. If
required, the EMP shall be implemented to determine the nature and extent of any
release detected by the DMP.
10. The Discharger may file a written request (including supporting documentation) with the
Executive Officer proposing modifications to the attached SMP. If the proposed
modifications are acceptable, the Executive Officer will issue a letter of approval that
incorporates the proposed revisions into the SMP.
11. The final cover system shall be graded and maintained to promote lateral runoff and
prevent ponding and infiltration of water.
12. Landfill piles or piers shall be designed and constructed so as not to impact water quality,
serve as conduits for leachate or LFG/VOCs, and be able to withstand stresses caused
by settlement and seismic activity. Monitoring ports shall be installed through the platform
structure to observe and measure settlement around the piles or columns.
13. The Discharger shall incorporate a contingency plan into all work plans for drilling through
the refuse, whether for investigation purposes or for installation of wells, structural piles,
or any excavation that may encounter waste. This contingency plan shall establish a
protocol to implement if hazardous wastes are encountered during drilling.
14. The Landfill shall be protected from any washout or erosion of wastes from inundation.
Provision 9 of this Order requires the Discharger to prepare and submit a Long -Term
Flood Protection Plan.
15. The Discharger shall notify the Regional Water Board immediately of any failure
occurring in the Landfill. Any failure that threatens the integrity of containment or control
features or structures at the Landfill shall be promptly corrected after approval of the
method and schedule by the Executive Officer.
16. The Discharger shall provide and maintain a minimum of two permanent, surveyed
monuments near the Landfill from which the location and elevation of wastes,
containment structures, and monitoring facilities can be determined throughout closure,
and post -closure maintenance periods. These monuments shall be installed by a licensed
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Burlingame Landfill R2-2023-0005
land surveyor or registered civil engineer. The data obtained from these monuments shall
be evaluated with respect to sea level rise risk scenarios and incorporated into the Long -
Term Flood Protection Plan.
17. Containment, collection, drainage, and monitoring systems constructed for groundwater,
surface water, and leachate shall be maintained and operated as long as waste or
leachate is present and poses a threat to water quality.
18. Methane and other LFG shall be adequately vented, removed from the Landfill, or
otherwise controlled to minimize the danger of explosion, adverse health effects,
nuisance conditions, and the impairment of beneficial uses of water due to LFG
migration.
19. The Discharger shall assure that the structures that control leachate, surface drainage,
erosion, and LFG are constructed and maintained to withstand conditions generated
during the maximum probable earthquake.
20. The Discharger shall provide reasonable access to any property it owns or leases at the
Landfill to allow for installation, sampling, and monitoring of all devices and equipment
necessary for compliance with the requirements of this Order.
21. All reports submitted pursuant to this Order shall be prepared under the supervision of
and signed by appropriately licensed professionals, such as a California professional civil
engineer, professional geologist, and/or certified engineering geologist, and shall be
acceptable to the Executive Officer.
22. The Discharger shall comply with all applicable provisions of Title 27 that are not
specifically referred to in this Order.
23. If a seep from the Landfill is observed coming into contact with any bordering surface
water body, the Discharger shall immediately notify the Regional Water Board. Sampling
of upstream and downstream locations on that surface water body may be required on a
schedule to be determined by Regional Water Board staff.
24. Surface drainage shall be intercepted and controlled to promote flow off the Landfill and
prevent ponding during the post -closure period.
C. PROVISIONS
Duty to Comply: The Discharger shall comply immediately, or as prescribed by the time
schedule below, with all Prohibitions, Specifications, and Provisions of this Order. All
required submittals must be acceptable to the Executive Officer. The Discharger must
also comply with all conditions of these waste discharge requirements. Violations may
result in enforcement actions, including Regional Water Board orders or court orders
requiring corrective action or imposing civil monetary liability, or in modification or
revocation of these WDRs by the Regional Water Board.
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Burlingame Landfill R2-2023-0005
2. Authority: All technical and monitoring reports required by this Order and the attached
SMP are required pursuant to CWC section 13267. The Regional Water Board needs the
reports to ensure the landfill containment system continues to be protective of water
quality. The burden, including costs, of these reports bears a reasonable relationship to
the need for the report and the benefits to be obtained from the reports. The estimated
total cost to prepare a semi-annual monitoring report is from $5,000 to $75,000, which
bears a reasonable relationship to the need for the report and the benefit monitoring and
preventing any immediate threats to water quality. The evidence supporting requiring the
reports is contained in the files for the Landfill. Failure to submit reports in accordance
with schedules established by this Order or failure to submit a report of sufficient
technical quality to be acceptable to the Executive Officer may subject the Discharger to
enforcement action pursuant to CWC section 13268.
3. Self -Monitoring Program: The Discharger shall implement and comply with the SMP
attached to this Order and any revisions issued by the Executive Officer. The attached
SMP is designed to assess the effectiveness of the corrective action program and
demonstrate compliance with the WQPS. The Discharger shall submit semi-annual
monitoring reports, acceptable to the Executive Officer, no later than April 30 and
October 31 of each year in accordance with the SMP. The Discharger may incorporate
both semi-annual monitoring event data into one annual report to be submitted no later
than January 31. The report shall include a section detailing repair and maintenance
activities needed and performed during each semi-annual monitoring period and a
section detailing compliance with maintaining hydraulic control of Landfill leachate.
COMPLIANCE DATE: Immediately upon adoption of this Order
REPORT DUE DATE: April 30 and October 31 (semi-annual) or January 31 (annual)
each year.
4. Detection Monitoring Program Review: The Discharger shall evaluate and determine if
changes are needed to ensure adequacy of the Landfill's DMP to promptly detect any
releases to groundwater or surface water from the Landfill or any changes in water
quality that may have been caused by post -closure development activities. Based on the
results of the evaluation, the Discharger shall propose to the Executive Officer any
improvements, such as new monitoring wells, that may be needed to identify water
quality impacts from the Landfill and demonstrate compliance with the WQPS and
Prohibition 1 of this Order.
COMPLIANCE DATE: 60 days from the adoption of this Order
5. Pile Installation Work Plan: The Discharger shall submit a Work Plan acceptable to the
Executive Offer detailing the method of pile installation to be used during redevelopment
activities at the Landfill. The Work Plan must be specific as to the measures taken prior
to, and during drilling and installation, that are protective of water quality.
COMPLIANCE DATE: 60 days prior to pile installation
iiPA
Burlingame Landfill R2-2023-0005
6. Material Change in Post -Closure Land Use Reporting: The Discharger shall submit a
technical report, acceptable to the Executive Officer, describing any material change in
the proposed land use or post -closure development of the Landfill. The technical report
shall describe the project, identify key changes to the design that may impact any portion
of the Landfill, and specify components of the design necessary to maintain the integrity
of the Landfill cover and prevent water quality impacts. No material changes to any
portion of the Landfill shall be made without approval by the Regional Water Board.
COMPLIANCE DATE: 120 days prior to any proposed material change
7. Construction -Related Stormwater Permit: For any proposed grading or development
project greater than one acre in size, the Discharger shall submit a Notice of Intent to the
State Water Board, submit a Storm Water Pollution Prevention Plan acceptable to the
Executive Officer, and implement Best Management Practices for the control of
stormwater in accordance with requirements specified in the State Water Board's
General Permit for Storm Water Discharges Associated with Construction Activities
(NPDES Permit No. CAS000001). The Discharger will be deemed in compliance with this
Provision if another party constructing improvements on property owned by the
Discharger has obtained coverage under the General Permit.
COMPLIANCE DATE: 30 days prior to construction
8. Groundwater Well Installation or Destruction Report: The Discharger shall submit a
technical report, acceptable to the Executive Officer, which provides well construction
details, geologic boring logs, and well development logs for all new groundwater
monitoring wells and LFG extraction wells installed or destroyed.
REPORT DUE DATE: 60 days following well installation or destruction
9. Long -Term Flood Protection Plan: The Discharger shall submit a climate change
vulnerability assessment and adaptation plan acceptable to the Executive Officer. The
plan shall identify strategies for the long-term protection of the Landfill from flooding and
inundation due to SLR, groundwater rise, and extreme climate/weather events. The plan
shall:
a. Be prepared by qualified experts and consider and reference the most current official
State of California climate change guidance documents, including but not limited to
the 2018 State of California Sea Level Rise Guidance developed by the Ocean
Protection Council, the San Francisco Bay Shoreline Adaptation Atlas prepared by the
San Francisco Estuary Institute (SFEI), the Bay Conservation and Development
Commission's Bay Plan Climate Change Amendment, and the Coastal Storm
Modeling System;
b. Be based on providing protection from the estimated 100-year storm event, on top of
the 2050 "medium -high" (0.5% probability of exceedance) or "extreme" risk aversion
SLR scenarios as described in the most recent official state of California sea level rise
guidance (e.g., the 2018 OPC Sea -Level Rise Guidance). The 100-year storm event
shall take into account astronomical tides and storm surge as well as wave run-up,
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Burlingame Landfill R2-2023-0005
seasonal effects (e.g., El Nino conditions), and discharge from local tributaries (e.g.,
as modeled by the USGS CoSMoS tool);
c. Describe how vulnerable features and infrastructure will be protected (such as landfill
caps, monitoring wells, LFG wells, flares, levees, etc.), and how building uses, and
public access will be protected prior to the projected timing of SLR, groundwater rise,
and extreme storm event impacts (e.g., prior to projected flooding);
d. Propose a phased adaptation strategy that briefly describes the potential future
projects that may be necessary to provide for protection from the 2100 "medium -high"
or "extreme" risk aversion SLR scenarios as described in the most recent official State
of California sea level rise guidance, as well as potential accompanying changes in
groundwater rise and extreme storm events. The strategy shall allow for a range of
future actions at different climate change thresholds to address uncertainty and allow
for flexibility over the long term;
e. Provide technical justification for the selection of both the 2050 and 2100 sea level
rise risk aversion scenarios;
Identify baseline conditions for the Landfill and show at a minimum the following on a
map(s): sitewide elevations, vulnerable infrastructure (i.e., waste containment
features, wetlands, roads, buildings, remediation systems, piping, wells), existing
groundwater levels, the degree of SLR, groundwater rise, and/or extreme storm event
exposure already noted at the Landfill (if any), sea level elevations at which flooding
will impact the Landfill, areas potentially vulnerable to groundwater rise;
g. Be updated and submitted every five years with the most recently available and
credible information and climate change adaptation guidance at the time of the
update, including observed changes in sea levels, groundwater levels, and flooding
measured at or as near as possible to the Landfill (e.g., from local tide gauges and
monitoring wells), and any observed or potential changes in the adaptive capacity and
risk tolerance of vulnerable infrastructure, including an implementation schedule with
key milestones that have been or will be met in the future; and
h. When preparing and implementing adaptive management plans, the Discharger shall
take into consideration how rising shallow groundwater and any associated flooding
may affect long-term cap stability, increase in leachate amounts, leachate and LFG
migration, and post -closure monitoring and maintenance goals at the site.
Groundwater monitoring data from the site should be used for the most accurate
water level onsite; however, if groundwater wells are not present at the Landfill,
databases such as GeoTracker can be used to access water table elevations nearby,
using USGS, California Department of Water Resources, or other nearby cleanup site
well observations. Additionally, information on shallow groundwater response to SLR
across four Bay Area counties has been published by Pathways Climate Institute and
SFEI, 2022.
REPORT DUE DATE: The Long -Term Flood Protection Plan is due July 9, 2023, and
shall be updated every five years thereafter
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Burlingame Landfill R2-2023-0005
10. Earthquake Inspection: The Discharger shall immediately notify the Regional Water
Board in the event of any earthquake generating ground shaking of magnitude 6 or
greater at or within 30 miles of the Landfill or if an earthquake capable of generating
ground motions exceeding a site peak ground acceleration (PGHA) of 0.15g occurs
within 60 miles of the Landfill. The Discharger shall also submit a detailed Post -
Earthquake Inspection Report, acceptable to the Executive Officer. The report shall
describe the containment features, groundwater monitoring, and control facilities
potentially impacted by seismic deformations of the Landfill. Damage to any waste
containment facility that may impact waters of the State must be reported immediately to
the Executive Officer.
NOTIFICATION DUE: Immediately after qualifying earthquake
WRITTEN REPORT DUE: Within 6 weeks of earthquake
11. Change in Site Conditions: The Discharger shall immediately notify the Regional Water
Board of flooding, ponding, settlement, equipment failure, slope failure, exposure of
waste, liner leakage, or other change in site conditions that could impair the integrity of
the Landfill's cap, waste or leachate containment facilities, and/or drainage control
structures and shall immediately make repairs. Within 30 days, the Discharger shall
prepare and submit a technical report, acceptable to the Executive Officer, documenting
the corrective measures taken.
NOTIFICATION DUE: Immediately upon occurrence
WRITTEN REPORT DUE: 30 days after initial notification
12.Availability: A copy of these WDRs shall be maintained by the Discharger and shall be
made available by the Discharger to all employees or contractors performing work
(maintenance, monitoring, repair, construction, etc.) at the Landfill.
13. Change in Ownership: Provided there is no material change in the operation of the site,
this Order may be transferred to a new owner. The Discharger or new owner must
request the transfer in writing and receive written approval from the Executive Officer.
Such a request must be submitted to the Executive Officer at least 30 days prior to the
transfer of ownership. The request must include a written agreement between the
Discharger and the new owner containing a specific date for the transfer of this Order's
responsibility and coverage between the Discharger and the proposed new owner. This
agreement shall include an acknowledgment that the Discharger is liable for violations up
to the transfer date and that the new owner is liable from the transfer date on. (CWC
sections 13267 and 13263). The request must contain the requesting entity's full legal
name, the address and telephone number of the persons responsible for contact with the
Water Board and statement. The discharge of waste without waste discharge
requirements is a violation of the California Water Code.
14. Information Correction: When a Discharger becomes aware that it failed to submit any
relevant facts in a Report of Waste Discharge (ROWD) or submitted incorrect information
in a ROWD or in any report to the Regional Water Board, it shall promptly submit such
facts or information.
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Burlingame Landfill R2-2023-0005
15. Revision: This Order is subject to review and revision by the Regional Water Board.
16. Vested Rights: This Order does not convey any property rights of any sort or any
exclusive privileges. The requirements prescribed herein do not authorize the
commission of any act causing injury to persons or property, do not protect the
Discharger from liability under federal, State or local laws, nor do they create a vested
right for the Discharger to continue the waste discharge.
17. Severability: Provisions of this Order are severable. If any provision of these WDRs is
determined to be invalid by the State Water Resources Control Board or a court, the
remainder of these requirements shall not be affected.
18.Operation and Maintenance: The Discharger shall, at all times, properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances)
that are installed or used by the Discharger to achieve compliance with conditions of this
Order. Proper operation and maintenance include effective performance, adequate
funding, adequate operator staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures. This provision requires the
operation of backup or auxiliary facilities or similar systems only when necessary to
achieve compliance with the conditions of this Order.
19. Reporting of Hazardous Substance Release: If any hazardous substance is
discharged in or on any waters of the State, or discharged or deposited where it is, or
probably will be, discharged into or on any waters of the State, the Discharger shall report
such discharge to the Regional Water Board by calling (510) 622-2369. A written report
shall be mailed or submitted electronically to the Regional Water Board within five
business days. The report shall describe: the nature of the hazardous substance,
estimated quantity involved, duration of incident, cause of release, estimated size of
affected area, nature of effect, corrective actions taken or planned, schedule of corrective
actions planned, and persons/agencies notified.
20. Entry and Inspection: The Discharger shall allow the Regional Water Board, or an
authorized representative upon the presentation of credentials and other documents as
may be required by law, to:
a. Enter upon a Discharger's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this Order;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this Order;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this Order; and
d. Sample or monitor at reasonable times, for the purposes of assuring compliance with
this Order or as otherwise authorized by the California Water Code, any substances
or parameters at any location.
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Burlingame Landfill R2-2023-0005
21. Analytical Methods: Unless otherwise permitted by the Regional Water Board Executive
Officer, all analyses shall be conducted at a laboratory certified for such analyses by the
State Water Resources Control Board, Division of Drinking Water. The Executive Officer
may allow use of an uncertified laboratory under exceptional circumstances, such as
when the closest laboratory to the monitoring location is outside the State boundaries and
therefore not subject to certification. All analyses shall be required to be conducted in
accordance with the latest edition of U.S. EPA SW-846 or other equivalent U.S. EPA
Method.
22. Discharges to Navigable Waters: Any person discharging or proposing to discharge to
navigable waters from a point source (except for discharge of dredged or fill material
subject to section 404 of the Clean Water Act and discharges subject to a general
NPDES permit) must file an NPDES permit application with the Regional Water Board.
23. Endangerment of Health or the Environment: The Discharger shall report any event of
noncompliance that may endanger human health or the environment. Any such
information shall be provided orally to the Regional Water Board within 24 hours of the
time the Discharger becomes aware of the circumstances by calling (510) 622-2369. A
written submission to the Regional Water Board shall also be provided within five days of
the time a Discharger becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance and its cause; the period of noncompliance,
including exact dates and times; and, if the noncompliance has not been corrected, the
anticipated time it is expected to continue and steps taken or planned to reduce,
eliminate, and prevent recurrence of the noncompliance. The Executive Officer, or his or
her delegate, may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
24. Document Distribution: Copies of all correspondence, technical reports, and other
documents pertaining to compliance with this Order shall be provided to the following
agencies:
a. Regional Water Board, and
b. San Mateo County Health Department, Environmental Health Services Division (Local
Enforcement Agency or LEA).
The Executive Officer may modify this distribution list as needed.
25. Reporting Requirements: All reports submitted pursuant to this Order must be in
accordance with the State Water Board -adopted regulations requiring electronic report
and data submittal to the State's GeoTracker database (CCR §§ 3890-3895). Email
notification should be provided to Regional Water Board staff whenever a file is uploaded
to GeoTracker. In addition, the Discharger shall submit hard copies of reports to Regional
Water Board staff upon request.
a. The Discharger is responsible for submitting the following via GeoTracker:
All chemical analytical results for water samples;
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Burlingame Landfill R2-2023-0005
ii. The latitude and longitude of any sampling point for which data is reported,
accurate to within one meter and referenced to a minimum of two reference
points from the California Spatial Reference System, if available, unless specified
in the SMP;
iii. The surveyed elevation relative to a geodetic datum of any permanent sampling
point for which data is reported;
iv. The elevation of groundwater in any permanent monitoring well relative to the
surveyed elevations for which data is reported;
v. A site map or maps showing the location of all sampling points for which data is
reported;
vi. The depth of the sampling point or depth and length of screened interval for any
permanent monitoring well for which data is reported;
vii. PDF copies of boring logs; and
viii. PDF copies of all reports, Work Plans, and other documents (the document, in its
entirety [signature pages, text, figures, tables, etc.] must be saved to a single
PDF file) including the signed transmittal letter and professional certification by a
California professional civil engineer, certified engineering geologist, or a
professional geologist.
b. Upon request, monitoring results must also be provided electronically in Microsoft
Excel to allow for ease of review of site data and to facilitate data computations and/or
plotting that Regional Water Board staff may undertake during the review process.
Such electronic tables shall include the following information unless directed
otherwise by Water Board staff:
i. Well designations;
ii. Well location coordinates (latitude and longitude);
iii. Well construction (including top of well casing elevation, total well depth, screen
interval depth below ground surface, screen interval elevation, and a
characterization of geology of subsurface the well is located in);
iv. Groundwater depths and elevations (water levels);
v. Current analytical results by constituent of concern (including detection limits for
each constituent);
vi. Historical analytical results (including the past five years unless otherwise
requested); and
vii. Measurement dates.
Burlingame Landfill R2-2023-0005
26. This Order supersedes and rescinds WDR Order Nos. 82-55, 95-130, and R2-2007-0039
as amended by R2-2022-0031.
27. Under Water Code section 13320, a party aggrieved by the Regional Water Board's
action or inaction on this Order may petition the State Water Resources Control Board for
review within 30 days of such action or inaction.
I, Eileen White, Executive Officer, do hereby certify that the foregoing is a full, complete,
and correct copy of an order adopted by the California Regional Water Quality Control
Board, San Francisco Bay Region, on May 10, 2023.
Eileen White
Executive Officer
Figure 1 — Closed Burlingame Landfill Location and Site Layout
Attachment: Self -Monitoring Program
fi111067
Burlingame Landfill R2-2023-0005
FIGURE
Burlingame Landfill R2-2023-0005
FIGURE 1. Site Plan Illustrating Monitoring Locations.
(Figure based on Mactec Fourth Quarter 2004 Monitoring Report "Site Plan")
GR-8
Landfill area;,
US-Mj.
uu a
�c. 0
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
SELF -MONITORING PROGRAM FOR
CITY OF BURLINGAME
CLOSED SANITARY SOLID WASTE DISPOSAL SITE
ORDER NO. R2-2023-0005
CONSISTS OF PART A AND PART B
Burlingame Landfill R2-2023-0005
PART A
This Self -Monitoring Program (SMP) specifies monitoring and reporting requirements,
including:
• General monitoring requirements for landfills and waste management units (Part A);
• Self -monitoring report content and format (Part A);
• Self -monitoring report submittal frequency and schedule (Part B);
• Monitoring locations and frequency (Part B); and
• Monitoring parameters and analytes (Part B).
A. AUTHORITY AND PURPOSE
For discharges of waste to land, water quality monitoring is required pursuant to the
California Code of Regulations (CCR), Title 27, sections 20380 through 20435. The
principal purposes of an SMP are: (1) to document compliance with waste discharge
requirements (WDRs) and prohibitions established by the Regional Water Board; (2)
to facilitate self -policing by waste dischargers in the prevention and abatement of
pollution arising from the waste discharge; (3) to develop or assist in the
development of effluent standards of performance and toxicity standards; and (4) to
assist dischargers in complying with the requirements of Title 27.
B. MONITORING REQUIREMENTS
Monitoring refers to the observation, inspection, measurement, and/or sampling of
environmental media, the Landfill containment and control facilities, and waste
disposed in the Landfill. The following defines the types of monitoring that may be
required.
Monitoring of Environmental Media
The Regional Water Board may require monitoring of groundwater, surface water,
leachate, LFG, and any other environmental media that may pose a threat to water
quality or provide an indication of a water quality threat at the Landfill.
Liquid measurements, sample collection, storage, and analyses shall be performed
according to the most recent version of U.S. EPA -approved methods or in
accordance with a sampling and analysis plan approved by Regional Water Board
staff. Analytical testing of environmental media required by this SMP shall be
performed by a State -approved laboratory for the required analyses. The director of
the laboratory whose name appears on the certification shall be responsible for
supervising all analytical work in his/her laboratory and shall have signing authority
for all reports or may designate signing of all such work submitted to the Regional
Water Board.
All monitoring instruments and devices used to conduct monitoring in accordance
with this SMP shall be maintained and calibrated as necessary to ensure their
continued accuracy. All flow measurement devices shall be calibrated at least once
every two years.
2
Burlingame Landfill R2-2023-0005
"Receiving waters" refers to any surface water that actually or potentially receives
surface or groundwater that passes over, through, or under waste materials or
impacted soils. In this case, the groundwater beneath and adjacent to the Landfill
and the surface runoff from the site are considered "receiving waters."
PFAS Sampling
To ensure the sampling is consistent with State Water Board standards, the
analytical laboratory performing PFAS analyses must be accredited by the California
Environmental Laboratory Accreditation Program (ELAP) to perform the method
compliant with Department of Defense Table B-15 of Quality Systems Manual
(https://denix.osd.mil/edqw/documents/), Version 5.1 or later. The laboratory must be
capable of quantifying the target PFAS analytes listed in Table B-2. A list of
laboratories that are accredited by ELAP by analytical method can be found on the
State Water Board PFAS webpage (https://www.waterboards.ca.gov/pfas/).
Standard Observations
"Standard observations" refers to observations within the limits of the Landfill, at the
Landfill perimeter, and of the receiving waters. Standard observations to be
performed and recorded include:
1. The Landfill:
a. Evidence of ponded water on the Landfill, including a map of approximate
locations, and an estimate of the size of the area affected and the volume of
water;
b. Evidence of odors, including presence or absence, characterization, source,
and distance of travel from source; and
c. Evidence of erosion and/or exposed waste, including a map of the
approximate location and an assessment of the likelihood that soil or waste
was discharged to the waters of the State.
2. Perimeter of the Landfill:
a. Evidence of liquid leaving or entering the Landfill, including groundwater and
leachate seeps, estimated size of affected area and flow rate (show affected
area on map);
b. Evidence of odors, including presence or absence, characterization, source,
and distance of travel from source;
c. Evidence of erosion and/or exposed waste; and
d. Vegetation coverage.
3. Receiving Waters:
a. Floating and suspended materials of waste originating from the Landfill,
including their presence or absence, source, and size of affected area;
b. Discoloration and turbidity: description of color, source, and size of affected
area;
9
Burlingame Landfill R2-2023-0005
c. Evidence of odors, including presence or absence, characterization, source,
and distance of travel from source;
d. Evidence of beneficial use, such as presence of water associated with
wildlife;
e. Estimated flow rate; and
f. Weather conditions, such as estimated wind direction and velocity, total
precipitation.
Facilities Inspections
"Facilities inspections" refers to the inspection of all containment and control
structures and devices associated with the Landfill. Containment and contro
facilities include the following:
1. Final cover;
2. Stormwater management system elements such as perimeter drainage and
diversion channels, ditches and down -chutes, and detention and sedimentation
ponds or collection tanks;
3. LFG collection and control system; and
4. Leachate extraction system elements such as leachate storage tanks or sumps,
piping, pumps, and control equipment.
Quality Assurance/Quality Control Sample Monitoring
The Discharger shall collect duplicate, field blank, equipment blank (if appropriate)
and trip blank samples for each semiannual monitoring event at the following
frequencies:
1. Duplicate sample — one sample per 20 regular samples;
2. Field blank — one per semiannual monitoring event;
3. Equipment blank —one sample per 10 monitoring stations (except where
dedicated equipment is used); and
4. Trip blank — one sample per cooler.
C. REPORTING REQUIREMENTS
Reporting responsibilities of waste dischargers are specified in Water Code sections
13260, 13267 subdivision (b), and 13383, and this Regional Water Board's
Resolution No.73-16 and Order No. 93-113. At a minimum, each Self -Monitoring
Report (SMR) shall include the following information:
Transmittal Letter: A cover letter transmitting the essential points of the
monitoring report shall be included with each monitoring report. The transmittal
letter must discuss any violations during the reporting period and actions taken or
planned to correct the problem. The letter shall also certify the completion of all
monitoring requirements. The letter shall be signed by the Discharger's principal
executive officer, or his/her duly authorized representative, and shall include a
statement by the official, under penalty of perjury, that the report is true and
correct to the best of the official's knowledge.
12
Burlingame Landfill R2-2023-0005
2. Graphic Presentation: The following maps, figures, and graphs (if applicable)
shall be included in each SMR to visually present data collected pursuant to this
SMP:
a. Plan -view maps showing all monitoring and sampling locations, waste
management units, containment and control structures, treatment facilities,
surface water bodies, and site/property boundaries;
b. Leachate and groundwater level/piezometric surface contour maps for each
groundwater -bearing zone of interest showing inferred groundwater gradients
and flow directions under/around the Landfill based upon the past and
present water level elevations and pertinent visual observations; and
c. Any other maps, figures, photographs, cross -sections, graphs, and charts
necessary to visually demonstrate the appropriateness and effectiveness of
sampling, monitoring, characterization, investigation, or remediation activities
relative to the goals of this SMP.
3. Tabular Presentation: The following data (if applicable) shall be presented in
tabular form and included in each SMR to show a chronological history and allow
easy reference:
a. Well designation;
b. Well location coordinates (latitude and longitude);
c. Well construction (including top of well casing elevation, total well depth,
screen interval depth below ground surface, and screen interval elevation);
d. Groundwater depths;
e. Groundwater elevations;
f. Current analytical results (including analytical method and detection limits for
each constituent);
g. Historical analytical results (including at least the past five years unless
otherwise requested); and
h. Measurement dates.
4. Compliance Evaluation Summary and Discussion:
a. A summary and certification of completion of all environmental media
monitoring, standard observations, and facilities inspections;
b. The signature of the laboratory director or his/her designee indicating that
he/she has supervised all analytical work in his/her laboratory; and
c. A discussion of the field and laboratory results that includes the following
information:
i. Data interpretations;
ii. Conclusions;
iii. Recommendations;
iv. Newly implemented or planned investigations and remedial measures;
v. Data anomalies;
vi. Variations from protocols;
5
Burlingame Landfill R2-2023-0005
vii. Condition of wells; and
viii. Effectiveness of leachate monitoring and control facilities.
5. Appendices: The following information shall be provided as appendices in
electronic format only unless requested otherwise by Regional Water Board staff
and unless the information is already contained in a sampling and analysis plan
approved by Regional Water Board staff:
a. New boring and well logs;
b. Method and time of water level measurements;
c. Purging methods and results, including:
i. The type of pump used, pump placement in the well, and pumping rate;
ii. The equipment and methods used to monitor field pH, temperature, and
electrical conductivity;
iii. The calibration of the field equipment used to measure pH, temperature,
conductivity, and turbidity; and
iv. The method of disposing of the purge water;
d. Sampling procedures, field, equipment, and travel blanks, number and
description of duplicate samples, type of sample containers and preservatives
used, the date and time of sampling, the name of the person actually taking
the samples, and any other relevant observations; and
e. Documentation of laboratory results, analytical methods, detection limits
(DLs) and reporting limits (RLs), and Quality Assurance/Quality Control
(QA/QC) procedures for the required sampling.
D. CONTINGENCY REPORTING
1. The Discharger shall report to the Regional Water Board by telephone (510-622-
2369) any measurably significant discharge from the Landfill immediately after it
is discovered. The Discharger shall submit a written report to the Regional Water
Board within five days of discovery of any discharge. The written report shall
contain the following information:
a. A map showing the location(s) of discharge;
b. Approximate flow rate;
c. Nature of effects (e.g., all pertinent observations and analyses); and
d. Corrective measures underway or proposed.
2. The Discharger shall submit a written report to the Regional Water Board within
seven days of determining that a statistically significant difference occurred
between a SMP sample set and an approved Water Quality Protection Standard
(WQPS). The written report shall indicate which WQPS(s) has been exceeded. If
appropriate, within 30 days the Discharger shall resample at the compliance
point(s) where this difference occurred.
3. If re -sampling and analysis confirms the earlier finding of a statistically significant
9
Burlingame Landfill R2-2023-0005
difference between SMP results and WQPS(s), the Discharger shall, upon
determination by the Executive Officer, submit to the Regional Water Board an
amended Report of Waste Discharge (ROWD) for establishment of an Evaluation
Monitoring Program (EMP) meeting the requirements of Title 27, section 20425.
E. REPORTING REQUIREMENTS
The Discharger shall submit SMRs to Regional Water Board staff in accordance with
the schedule indicated in Table B-1. Reports due at the same time may be combined
into one report for convenience, as long as monitoring activities and results
pertaining to each monitoring period are clearly distinguishable. Reports shall be
submitted in accordance with Provisions 24 and 25 of the WDRs.
SMR due dates will be: April 30 and October 31 (semi-annual) or January 31
(annual) each year.
F. MAINTENANCE OF WRITTEN RECORDS
The Discharger shall maintain information required pursuant to this SMP for at least
five years. The five-year period of retention shall be extended during the course of
any unresolved litigation regarding a discharge or when requested by the Regional
Water Board.
7
Burlingame Landfill R2-2023-0005
PART B
A. MONITORING LOCATIONS AND FREQUENCY
Monitoring locations, frequencies, parameters, and analytes are specified in Table
B-1 of this SMP and as indicated below. Monitoring locations are shown in Figure 1.
1. Environmental Media
a. Groundwater: Groundwater shall be monitored at the locations specified in
Table B-1 and shown on Figure 1. Monitoring frequencies, parameters, and
analytes shall be in accordance with Table B-1.
b. Leachate: Leachate elevations shall be monitored at the individual leachate
wells, as specified in Table B-1. Monitoring frequencies, parameters, and
analytes shall be in accordance with Table B-1.
2. Standard Observations
Standard observations (described in Part A) shall be made within the Landfill,
along the perimeter of the Landfill, and of the water courses and receiving waters
beyond their limits. Standard observations shall be conducted during semi-
annual monitoring activities.
3. Facilities Inspections
The Discharger shall inspect all containment and control structures and devices
associated with the Landfill in accordance with the PCMP, to ensure proper and
safe operation.
4. Quality Assurance/Quality Control Samples
The QA/QC samples shall be analyzed for VOCs (field blank, equipment blank
and trip blank) or for the same tests as a regular sample (duplicate sample).
B. REPORTING SCHEDULE
The Discharger shall submit SMRs to Regional Water Board staff in accordance with
the schedule indicated in Table B-1. Reports due at the same time may be combined
into one report for convenience, as long as monitoring activities and results
pertaining to each monitoring period are clearly distinguishable.
Attachments:
Table B-1 Self -Monitoring Program
Table B-2 PFAS Analyte List
n.
Burlingame Landfill R2-2023-0005
Table B-1: Self -Monitoring Program
Well No.
GR-3
GR-4 GR-8
US-1A
US-2A
US-3A
US-5
US-6
US-7
US-8
US-9 SW-1 SW-2
(Area
(Leachate)
(Leachate) (Leachate
(Aquifer)
(Aquifer)
(Aquifer)
(Aquifer)
(Aquifer)
(Aquifer)
(Aquifer)
(Aquifer) (Surface (Surface
Monitored)
Line
Water) Water)
Manhole)
L_
Leachate
Level
A
A A
--
--
--
--
--
--
--
-- -- --
Field)
Water Level
A
A
--
SA
SA
SA
SA
SA
SA
SA
SA
--
--
(Field)
Temperature
A
A
--
SA
SA
SA
SA
SA
SA
SA
SA
SA
SA
(Field)
Specific
Cond.
A
A
--
SA
SA
SA
SA
SA
SA
SA
SA
SA
SA
(Field)
pH A
(Field)
A
--
SA
SA
SA
SA
SA
SA
SA
SA
SA
SA
Turbidity A
(Field)
A
--
SA
SA
SA
SA
SA
SA
SA
SA
SA
SA
Ammonia A
A
--
SA
SA
SA
SA
SA
SA
SA
SA
SA
SA
(350.1)
VOCs
(826013)
A
A
--
SA
SA
SA
SA
SA
SA
SA
SA
SA
SA
SVOCs
A
A
--
A
A
A
A
A
A
A
A
A
A
(8270)
Total
arsenic,
Chromium,
A
A
--
A
A
A
A
A
A
A
A
A
A
Zinc, Iron
(6010)
Cyanide
A
A
--
A
A
A
A
A
A
A
A
A
A
(9010)
Sulfide A
A
--
A
A
A
A
A
A
A
A
A
A
(9030)
Constituents
of Concern 5-year
5-year
--
5-year
5-year
5-year
5-year
5-year
5-year
5-year
5-year
5-year
5-year
(3)
Burlingame Landfill R2-2023-0005
Notes:
1. A: Annual (Performed during first semi-annual period of each year)
2. SA: Semi-annual
3. Next 5-year Constituents of Concern (chlorinated herbicides — EPA Method 8151, organochlorine pesticides and PCBs — EPA
Method 8080, total CAM 17 metals — EPA Methods 6010/7470, PFAS — see Table B-2) event shall occur during the first
sampling event of 2024.
4. All analytes listed, except Constituents of Concern, comprise the Monitoring Parameters as outlined in Specification B.1(a) of this
Order.
5. SMR due dates: April 30 and October 31 (semi-annual) or January 31 (annual) each year.
10
Closed Burlingame Landfill R2-2023-0005
Table B-2: Target Reporting Limits' for LC/MS/MS analysis of Per- and Polyfluorinated Alkyl Acids by Department of
Defense Quality Systems Manual (Version 5.3 or later)
Chemical Name/
Abbreviation(s)
GeoTracker
PARLABEL
Chemical Abstracts
Service (CAS) No.
Aqueous:
Non -Drinking
Water
n /L
Solid
(ng/g)
Perfluoroalkyl carboxylic acids
Perfluorobutanoic acid (PFBA)
PFBTA
375-22-4
6.4
0.8
Perfluoropentanoiic acid (PFPeA)
PFPA
2706-90-3
3.2
0.4
Perfluorohexanoic acid (PFHxA)
PFHA
307-24-4
1.6
0.2
Perfluoroheptanoic acid (PFHpA)
PFHPA
375-85-9
1.6
0.2
Perfluorooutanoic acid (PFOA)
PFOA
335-67-1
1.6
0.2
Perfluorononanoic acid (PFNA)
PFNA
375-95-1
1.6
0.2
Perfluorodecanoic acid (PFDA)
PFNDCA
335-76-2
1.6
0.2
Perfluoroundecanoic acid (PFUnDA, PFUda, PFUnA)
PFUNDCA
2058-94-8
1.6
0.2
Perfluorododecanoic acid (PFDoDA, PFDoA)
PFDOA
307-55-1
1.6
0.2
Perfluorotridecanoic acid (PFTrDA)
PFTRIDA
72629-94-8
1.6
0.2
Perfluorotetradecanoic acid (PFTeDA, PFTA)
PFTEDA
376-06-7
1.6
0.2
Perfluorohexadecanoic acid (PFHxDA)
PFHXDA
67905-19-5
4
1
Perfluorooctadecanoic acid (PFODA)
PFODA
16517-11-6
1.6
0.2
Perfluoroalkyl sulfonic acids
Perfluorobutane sulfonic acid (PFBS)
PFBSA
375-73-5
1.6
0.2
Perfluoropentane sulfonoic acid (PFPeS)
PFPES
2706-91-4
1.6
0.2
Perfluorohexane sulfonic acid (PFHxS)
PFHXSA
355-46-4
1.6
0.2
Perfluoroheptane sulfonic acid (PFHpS)
PFHPSA
375-92-8
1.6
0.2
Perfluorooutane sulfonic acid (PFOS)
PFOS
1763-23-1
1.6
0.2
Perfluorononane sulfonic acid (PFNS)
PFNS
68259-12-1
1.6
0.2
Perfluoroalkyl sulfonic acids
Perfluorodecane sulfonic acid (PFDS)
PFDSA
335-77-3
1.6
0.2
Perfluorododecanesulfonic acid (PFDoS)
PFDOS
79780-39-5
4.3
1
Fluorotelomer sulfonic acids
4:2 Fluorotelomer sulfonic acid (4:2 FTS)
4:2FTS
757124-72-4
6.4
0.8
6:2 Fluorotelomer sulfonic acid (6:2 FTS)
6:2FTS
27619-97-2
6.4
0.8
11
Closed Burlingame Landfill R2-2023-0005
Table B-2: Target Reporting Limits' for LUMS/MS analysis of Per- and Polyfluorinated Alkyl Acids by Department of
Defense Quality Systems Manual (Version 5.3 or later)
Chemical Name/
Abbreviation(s)
GeoTracker
PARLABEL
Chemical Abstracts
Service (CAS) No.
Aqueous:
Non -Drinking
Water
n /L
Solid
(ng/g)
8:2 Fluorotelomer sulfonic acid (8:2 FTS)
8:2FTS
39108-34-4
6.4
0.8
10:2 Fluorotelomer sulfonic acid (10:2 FTS)
10:2FTS
120226-60-0
7
1
Perfluorooctane sulfonamides
Perfluorooctanesulfonamide (PFOSA, PFOSAm, FOSA)
PFOSA
754-91-6
1.6
0.2
N-Methyl perfluorooctane sulfonamide (McFOSA, McFOSAm)
MEFOSA
31506-32-8
1.6
0.2
N-Ethyl perfluorooctane sulfonamide (EtFOSA, EtFOSAm)
ETFOSA
4151-50-2
1.6
0.2
Perfluorooctane sulfonamidoacetic acids
N-Methyl perfluorooctane sulfonamidoacetic acid (NMeFOSAA)
NMEFOSAA
2355-31-9
1.6
0.2
N-Ethyl perfluorooctane sulfonamidoacetic acid (NEtOSAA)
NETFOSAA
2991-50-6
1.6
0.2
Perfluorooctane sulfonamide ethanols
N-Methyl perfluorooctane sulfonamide ethan012 (McFOSE)
MEFOSE
24448-09-7
16
2.0
N-Ethyl perfluorooctane sulfonamide ethanol (EtFOSE)
ETFOSE
1691-99-2
16
2.0
Per- and Polyfluoroether carboxylic acids
Hexafluoropropylene Oxide Dimer Acid (HFPO-DA)
HFPA-DA
13252-13-6
6.4
0.8
4,8-Dioxa-3H-perfluorononanoic acid (ADONA)
ADONA
919005-14-4
6.4
0.8
Per- and Polyfluoroether carboxylic acids
Perfluoro-3-methoxypropanoic acid (PFMPA)
PFMPA
377-73-1
3.2
0.4
Perfluoro-4-methoxybutanoic acid (PFMBA)
PFMBA
863090-89-5
3.2
0.4
Nonafluoro-3,6-dioxaheptanoic acid (NFDHA)
NFDHA
151772-58-6
3.2
0.4
Ether sulfonic acids MM
9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid (9-CI-PF3ONS)
9CIPF3ONS
756426-58-1
6.4
0.8
11 -Chloroeicosafluoro-3-oxaundecane-1 -sulfonic acid 2(11-CI-PF30UdS)
11CIPF3OUdS
763051-92-9
6.4
0.8
Perfluoro(2-ethoxyethane) sulfonic acid (PFEESA)
PFEESA
113507-82-7
3.2
0.4
Fluorotelomer carboxylic acids
2H,2H,3H,3H-Perfluorohexanoic acid (3:3 FTCA)
3:3FTCA
356-02-5
8.0
1.0
2H,2H,3H,3H-Perfluorooctanoic acid (5:3 FTCA)
5:3FTCA
914637-49-3
40
5.0
2H,2H,3H,3H-Perfluorodecanoic acid (7:3 FTCA)
7:3FTCA
812-70-4
40
5.0
12
Closed Burlingame Landfill R2-2023-0005
Abbreviations:
ng/L = nanogram per liter
ng/g = nanogram per gram
Notes:
• The laboratory must use the minimum standard data qualifiers provided in the DoD QSM. These data qualifiers must be
included in the analytical electronic data format (EDF) submittal into GeoTracker. Refer to GeoTracker's data dictionary for
the valid values for data qualifiers. A quick search option for data qualifiers (EDF/LNOTE), and other fields within the EDF
submittal is available here.
1. These are the target reporting limits for the California Water Board Investigatory Orders and represent the highest reporting
limits acceptable for reporting purposes. If a laboratory's reporting limit is lower than the target reporting limits listed, then the
laboratory should report data using the laboratory's reporting limit.
2. The acceptable quality control limits for these analytes are not listed in Table C-44 Method PFAS by LCMSMS Compliant with
QSM Table B-15 Aqueous Matrix or Table C-45 Method PFAS by LCMSMS Compliant with QSM Table B-15 Solid Matrix of
the DoD Quality Systems Manual (QSM), Version 5.3. If a Water Board regulatory directive requires the analysis of these
analytes, the laboratory must use in-house acceptance criteria for control samples for these analytes per the DoD QSM.
13
SITE MAP
STAFF REPORT
Honorable Mayor and City Council
une 20, 2023
AGENDA NO: 10g
MEETING DATE: June 20, 2023
yed Murtuza, Director of Public Works — (650) 558-7230
Mahesh Yedluri, Senior Civil Engineer — (650) 5588-7230
Subject: Adoption of a Resolution Authorizing the City Manager to Negotiate and
Execute an Extension of the Operations and Maintenance Agreement with
Veolia Water West Operating Services Inc. in an Amount Not to Exceed
$800,000 for the City of Burlingame Wastewater Treatment Plant Through
August 31, 2023
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager
to negotiate and execute an extension to the operations and maintenance agreement with Veolia
Water West Operating Services Inc. (VWOS) for the City's Wastewater Treatment Plant (WWTP)
through August 31, 2023, for an amount not to exceed $800,000. Staff recommends that the City
Council authorize the City Manager to negotiate and execute the extension with minor amendments
to the terms, if necessary.
BACKGROUND
VWOS has operated and maintained Burlingame's WWTP facility for the last 50 years. Although
there have been several corporate name changes over the years, this public -private partnership
with VWOS has been continuous. The City entered into the current agreement with VWOS on July
1, 2018, and the agreement is set to expire on June 30, 2023. As a result, in accordance with the
renewal provisions of the contract, staff has spent the last several months reviewing the operations,
maintenance, and cost of providing WWTP services. Based on the review of operations and
performance of the WWTP, staff finds that VWOS continues to meet the State and federal
requirements for treatment and discharge of wastewater. Additionally, staff has completed a cost
analysis to verify that VWOS services and costs are reasonable in comparison to other treatment
plants in the area.
Staff is currently negotiating a renewal agreement with VWOS. While this negotiation continues,
staff requests that the City Council to grant a two -month extension for the VWOS services.
DISCUSSION
The proposed extension is a continuation of the same services provided by VWOS in the current
agreement. The key terms of the agreement are:
1
Extension of Veolia Wastewater Treatment
June 20, 2023
• Full turnkey operations and maintenance of processes at the treatment plant, as well as
maintenance of facilities, buildings, equipment, and site compliance with state and federal
regulations.
• Full turnkey operations and maintenance of the 1079 Rollins Road Sewage Pump Station.
• Compensation for the next two months be adjusted based on consumer price index for
the San Francisco area.
• Continuation of Storm Water Pollution Program responsibilities, including Sewer System,
Overflow, and Illicit Discharge Prevention Program based on latest RWQCB
requirements.
• Industrial Waste Monitoring and Inspection Program.
• Fats, Oil and Grease (FOG) Control Program.
• Amalgam monitoring/filtering at dentistry clinics to prevent mercury discharge in the
wastewater.
• Plan checking and inspection of private development construction to ensure compliance
with state regulations.
• Community education about sewer science and pollution prevention programs.
• Management of the annual Bayfront Cleanup event, including trash and litter cleanup
along the shorelines and Burlingame Lagoon; and
• Repair and replacement of machine and equipment parts and administration and
coordination of large capital projects.
The proposed contract extension is to expire on August 31, 2023, and will generally adhere to the
contract language in the 2018 City of Burlingame agreement with VWOS for the operations and
maintenance of the Burlingame Wastewater Treatment Facility (2018 Agreement) in its entirety.
Staff will return to the City Council for the contract renewal prior to August 31, 2023, upon
completion of negotiations.
FISCAL IMPACT
Estimated Cost:
The costs associated with the extension of the agreement are not to exceed $800,000. This
amount includes the costs for base contract services, facility maintenance, capital outlay, special
projects, and a contingency to account for any additional costs for the duration of the extension.
Additionally, the estimated cost includes CPI-W adjustment to the base contract services amount
for FY 2022-23.
Funding Availability:
There are adequate funds available in the City Council approved FY 2023-24 Public Works
Department Budget for the operations and maintenance of the Burlingame WWTP.
Exhibits:
• Resolution
• 2018 Agreement
• Agreement Extension
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
EXTENSION TO THE AGREEMENT WITH VEOLIA WATER WEST OPERATING
SERVICES INC. IN THE AMOUNT OF $800,000 FOR THE OPERATIONS AND
MAINTENANCE OF THE BURLINGAME WASTEWATER TREATMENT FACILTY
WHEREAS, on May 21, 2018, the City of Burlingame entered into a five-year operations
and maintenance agreement with Veolia Water West Operating Services Inc. (VWOS) to provide
turnkey operations and maintenance for the City's wastewater treatment facility and 1099 Rollins
Road Pump Station; and
WHEREAS, the City intends to renegotiate the agreement for another five-year term with
VWOS; and
WHEREAS, the City seeks a two -month extension of the existing contract while the new
contract negotiations between the City and VWOS are underway; and
WHEREAS, the cost of this two -month extension shall not exceed $800,000 for base
contractual services, facility maintenance, capital outlay, special projects, and contingency to
account for any additional costs for the duration of the extension; and
WHEREAS, this extension will expire on August 31, 2023; and
WHEREAS, this extension will generally adhere to the contract language in the 2018 City
of Burlingame agreement with VWOS for the operations and maintenance of the Burlingame
Wastewater Treatment Facility (2018 Agreement) in its entirety; and
WHEREAS, the City Council authorizes the City Manager to negotiate and execute the
extension with minor changes to the terms of the original contract, as she deems necessary.
NOW, THEREFORE, it is RESOLVED, and ORDERED, that the City Manager is
authorized to negotiate and execute an extension of the 2018 Agreement with VWOS through
August 31, 2023. This extension shall not exceed $800,000.
Michael Brownrigg, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 20t" day of June
2023, and was adopted thereafter by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
Version 2.0 02/26/2018
City of Burlingame
Agreement
with
Veolia Water West Operating Services Inc.
for
Operations and Maintenance
of the
City of Burlingame Wastewater Treatment Facility
Version 2.0 02/26/2018
TABLE OF CONTENTS
Section I. EMPLOYMENT................................................4
Section
II. TERM.....................................................5
Section
III. VWOS SHALL PROVIDE THE FOLLOWING SERVICES ...............5
A.
Facility Scope................................................5
B.
Staffing......................................................5
C.
Technical Support.............................................6
D.
Employee Programs.............................................6
E.
Computer Systems..............................................6
G.
Service Payments..............................................6
H.
General Facility Maintenance System ...........................7
I.
Capital Outlay Plan...........................................7
J.
Capital Improvement Plan......................................7
K.
Plant Loadings................................................7
L.
Reports.......................................................8
M.
Industrial Waste Program (IWP) and Storm Water Pollution
Prevention Program (STOPPP)........................................8
N.
Evidence of Insurance.........................................9
0.
Compliance with Laws.........................................11
P.
Laboratory...................................................11
Q.
North Bayside System Unit (NBSU) .............................11
R.
Conflicts of Interest........................................12
Section
IV. CITY RESPONSIBILITIES...................................12
A.
Compensation.................................................12
B.
Audits.......................................................13
C.
Easements and Liens..........................................13
D.
Existing Inventories.........................................13
E.
Capital Outlay and Capital Improvement Plan Reimbursements ...14
F.
Emergency Repairs............................................14
G.
Digester Cleaning............................................15
Section
V. LIMITATIONS..............................................15
A.
Influent Characteristics.......................................15
B.
City Acts......................................................15
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C. Force Majuere..................................................16
D. Labor Conditions...............................................16
E. Changes in Law.................................................16
Section VI. INDUSTRIAL WASTE PROGRAM (IWP), and STORM WATER
POLLUTION PREVENTION PROGRAM (STOPPP)...............................16
Section VII. ELECTRICAL PROGRAM.....................................17
Section VIII. GENERAL PROVISIONS....................................17
A. Renewal........................................................17
B. Termination....................................................18
C. Hold Harmless..................................................19
D. Water Quality Protection.......................................20
F. Insurance......................................................21
G. City Financial Review..........................................21
H. VWOS Capital...................................................21
I. VWOS Independent Contractor....................................21
J. Waiver of Rights...............................................21
K. Assignment.....................................................21
L. Equal Opportunity Employment...................................22
M. Agreement Limits...............................................22
0. Notices........................................................22
ATTACHMENT A........................................................24
A. Adjustments to Compensation..................................24
B. Annual Adjustments - CPI-W...................................24
C. Periodic Adjustments.........................................25
D. General Facility Maintenance Payments ........................27
E. Capital Outlay Payments......................................27
F. Capital Improvement Payments.................................27
ATTACHMENT B........................................................28
LIST OF VEHICLES AND EQUIPMENT......................................28
Laboratory Equipment................................................29
ATTACHMENT C........................................................32
INDUSTRIAL WASTE PROGRAM..........................................32
STORM WATER POLLUTION PREVENTION PROGRAM ..........................32
Reference Material A-1..............................................39
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ROLLING FIVE YEAR CAPITAL OUTLAY PLAN .............................39
Reference Material B-1..............................................40
ROLLING FIVE YEAR CAPITAL IMPROVEMENT PLAN ........................40
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Yh
THIS AGREEMENT, entered into this 1� day of
2018 by and between:
City of Burlingame, in the State of California
(hereinafter called City)
and
Veolia Water West Operating Services Inc., holding California
General Contractors License Number 866429, a Delaware Corporation
with offices located at:
3731 Wilshire Blvd., Suite 600 Los Angeles, CA 90010
(hereinafter called VWOS)
WHEREAS: CITY has jurisdiction over the wastewater treatment
plant located in the City of Burlingame (hereinafter called the
FACILITY); and
WHEREAS: CITY is desirous that the FACILITY be operated and
maintained in the most efficient and safe manner possible, while
complying with all Federal and State laws; and
WHEREAS: VWOS is a corporation specializing in the business
of supplying operation, maintenance, and management services for
such waste treatment plants;
NOW, THEREFORE, in consideration of the promises and terms
contained herein, the parties agree as follows:
Section I. EMPLOYMENT
The CITY engages VWOS to provide operations, maintenance, and
management services for the wastewater treatment FACILITY under
the jurisdiction of the CITY, and located at 1103 Airport
Boulevard, valves, and force main between the FACILITY and the
Rollins Road Pump Station, the Rollins Road lift station located
at 1079 Rollins Road, and the landfill flare station located at
the FACILITY. VWOS shall perform the stormwater inspection for the
wastewater treatment facility. VWOS shall monitor the gas
collection system at the landfill for proper operation and gas
production of carbon dioxide and methane. VWOS shall ensure that
no pipe breakages have occurred, and that condensate drain sumps
remain functional.
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Version 2.0 02/26/2018
Section II. TERM
The contract term shall commence on July 1, 2018 and expire five
(5) years thereafter unless renewed in accordance with Section
VIII-A. Prior to each renewal, the City will work with VWOS in
completing reasonableness cost review to verify that the City's
wastewater treatment costs are comparable to other local
communities with similar demographics and similar treatment plant
facilities. This study will recognize value-added services
provided to the City by VWOS.
This contract may be renewed pursuant to provisions in Section
VIII-A of this contract.
Section III. VWOS SHALL PROVIDE THE FOLLOWING SERVICES
A. Facility Scope
VWOS shall operate and maintain the treatment processes that
include, but are not limited to, screening, grit removal, primary
clarification, activated sludge, secondary clarification,
chlorination, gravity thickening, anaerobic biosolids digestion,
solids dewatering, odor control systems, reclaim water system, and
cogeneration facilities. Final effluent pumping and de -
chlorination systems will be operated as necessary. VWOS shall
also operate and maintain the Rollins Road pump station at 1079
Rollins Road and the valves and force main located between the
Main Pump Station and the FACILITY.
VWOS shall provide a complete assessment of the valves and force
main located between the Main Pump Station and shall submit to the
City a budget for all required repairs or replacements by second
year of the five-year contract term. It is understood that all
repairs and replacements will be successfully completed by VWOS
either as a capital or maintenance repair project.
B. Staffing
VWOS shall staff the FACILITY with qualified employees experienced
in wastewater treatment process control and maintenance
procedures. It is the intention of VWOS to make operation of the
Treatment Plant a model facility for the San Francisco Bay and
surrounding area. VWOS shall provide the level of coverage needed
to ensure monitoring of all routine wastewater treatment
operations called for in this Agreement. VWOS shall staff the
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Version 2.0 02/26/2018
continued upgrading, education and training of these employees in
modern wastewater control, safety, environmental compliance, and
equipment maintenance.
C. Technical Support
VWOS shall provide, as necessary, resources and professionals with
expertise and experience in process control, maintenance,
management, and engineering from its affiliated companies and
facilities located throughout North America.
D. Employee Programs
VWOS shall maintain an education and safety program for all
employees. This program is to be patterned after the VWOS program
currently utilized at all VWOS -operated facilities. The cost of
this program will be the responsibility of VWOS.
E. Computer Systems
VWOS shall use a computer system and its proprietary software for
the generation of process information for FACILITY control. In the
event of contract termination, this software shall become the
property of the CITY.
F. Permit Conditions
VWOS shall operate the
permit (No. CA0037788, as
and suspended solids are
suspended solids. Should
shall comply with new
addressed according to
ADJUSTMENTS."
G. Service Payments
FACILITY in compliance with the NPDES
amended. Average monthly limits for BOD,
currently at 30 mg/l BOD5 and 30 mg/1
any changes occur in a new permit, Veolia
conditions and said changes will be
Attachment A, Section C, "PERIODIC
VWOS shall pay all expenses required for the normal operation and
maintenance of the FACILITY, which includes (1) personnel costs,
(2) utilities, (3) chemicals, (4) fuels and lubricants, (5) normal
operating supplies, (6) all residuals, including bio-solids, grit,
and screenings, and except as limited in "I and J" below,
maintenance repairs and replacement of capital equipment.
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H. General Facility Maintenance System
VWOS shall provide maintenance and repairs for the equipment,
structures, and vehicles consistent with industry preventive
maintenance standards and practices and/or manufacturer's
specifications utilizing a computerized maintenance management
system. The CITY shall have the right to inspect these maintenance
records during normal business hours. The CITY shall have the
right to engage a consultant to review maintenance at the
FACILITY.
I. Capital Outlay Plan
VWOS shall annually develop and submit to the City by February 28
of each year a five (5) year rolling Capital Outlay plan. This
Capital Outlay plan will be reviewed and approved by the City by
June 30. See Reference Material A. It is agreed to by both parties
that the City will retain all maintenance and repair funds
developed with this rolling five 5) year Capital Outlay plan, but
that VWOS shall direct and manage all projects within the Capital
Outlay fund as required to ensure compliance with all water
quality permits for the FACILITY for which VWOS is responsible.
J. Capital Improvement Plan
VWOS shall annually develop and submit to the City by February 28
a five (5) year rolling Capital Improvement plan. See Reference
Material B-1. This Capital Improvement plan will be reviewed and
approved by the City by June 30. It is agreed to by both parties
that the City will retain funds developed with this rolling
five(5) year Capital Improvement plan, but that VWOS shall direct
and manage all projects within the fund as required to ensure
compliance with all water quality permits for the FACILITY for
which VWOS is responsible.
R. Plant Loadings
VWOS agrees to maintain copies of plant loading and performance
data over the term of this Agreement. This data shall cover, at
any given time during the execution of this Agreement, the
previous five years of operation up to the current time. In the
event of premature contract termination, these records will become
the property of the CITY.
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L. Reports
1) Monthly - VWOS shall provide the CITY with monthly
reports that summarize capital outlay and capital improvement
activities. VWOS shall provide an accounting summary of monthly
capital outlay and capital improvement expenditures.
2) Annual - VWOS shall provide the CITY with an annual
report by January 31 of each year that summarizes plant
performance and major events and activities which affected the
operation of the FACILITY.
3) NPDES - VWOS shall prepare all NPDES permit reports
and submit these to the CITY for approval prior to transmittal to
appropriate agencies.
4) An annual meeting will be held between the City and
VWOS to review facility performance in relation to contractual
indices and triggers. The meeting will be conducted prior to March
1 and will focus on data collected over the previous calendar
year. VWOS shall prepare for City a report that reviews data
collected over the preceding year and will summarize the emerging
trends. The indices to be assessed include, but are not limited
to, the following:
a. Flow
b. 5-Day Biochemical Oxygen Demand (BODE) loading
c. Total Suspended Solids (TSS) loading
d. Electrical consumption
e. Electrical unit cost
f. Biosolids quantities
g. Biosolids unit disposal cost
h. Grit and Screenings quantities
i. Grit and Screenings unit disposal cost
Should VWOS find that its costs are outstripping the adjustments
authorized by this contact, it may meet with the City to review
such items. The City and VWOS agree that they will negotiate in
good faith to reach an equitable adjustment to compensation,
including overhead and profit, reflecting such cost of increases
or decreases.
M. Industrial Waste Program (IWP) and Storm Water Pollution
Prevention Program (STOPPP)
VWOS shall provide the CITY with an Industrial Waste Program, and
a Storm Water Pollution Prevention Program. These programs are
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discussed in more detail in Section 6 of this contract and
Attachment C.
N. Insurance
VWOS shall maintain insurance during the life of this Agreement in
compliance with the following provisions:
1. VWOS shall not commence work under this Agreement until it
shall have obtained all insurance required under this SECTION
which is reasonably commercially available and such insurance
shall have been approved by CITY as to form, in the amounts
specified herein , nor shall VWOS allow any subcontractor to
commence work on its subcontract until all similar insurance
required of the subcontractor shall have been so obtained and
approved, or in such form and limits as the CITY shall
otherwise reasonably approve prior to the commencement of such
work by the subcontractor.
2. Compensation Insurance. VWOS shall take out and maintain,
during the life of this Agreement, Workers Compensation
insurance as required by State Law for all its employees
employed at the FACILITY and in case any work is sublet, VWOS
shall require its subcontractor similarly to provide Workers
Compensation insurance for all of the latter's employees,
unless such employees are covered by the protection afforded by
VWOS. In case any class of employees engaged in work under this
Agreement at the FACILITY is not protected under this Agreement
at the FACILITY is not protected under any Workers Compensation
law, VWOS shall provide, and shall cause each subcontractor to
provide, adequate insurance for the protection of employees not
otherwise protected. VWOS indemnifies CITY for any damage
resulting to it from failure of either VWOS or any
subcontractor to take out or maintain such insurance.
3. Commercial General Liability, Automobile Liability, Pollution
Liability, and Professional Liability Insurance. VWOS shall
take out and maintain during the life of this Agreement such
commercial general liability, automobile liability, ,pollution
liability, and professional liability insurance as shall
protect CITY, its elective and appointive boards, officers,
agents and employees, VWOS and any subcontractor performing
work covered by this Agreement from claims for damages for
personal injury, including death, as well as from claims for
property damage which may arise from VWOS' or any
subcontractor's operations under this Agreement, whether such
operations be by VWOS or by any subcontractor, or by anyone
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directly or indirectly employed by either VWOS or any
subcontractor provided, however, that VWOS is required to take
out and maintain insurance only against claims to which VWOS'
hold harmless of City set forth in Section VIIIC of this
Agreement applies. The amounts of such insurance shall be as
follows:
a) Commercial General Liability Public Liability (Personal
Injury and Property Damage) Insurance. In an amount not less
than $2,000,000.00 (each occurrence) for injuries,
including, but not limited to, death to any one person and,
subject to the same limit for each person, in an amount not
less than $4,000,000.00 general aggregate limit , and in a
form at least as broad as ISO "Occurrence" Form CG 0001.
b) Automobile Liability Insurance for Autos Owned or Managed by
VWOS. In an amount not less than $2,000,000 combined single
limit per accident for bodily injury and property damage.
c) Pollution Liability Insurance. In an amount not less than
$2,000,000 per claim for bodily injury or property damage
because of a pollution event resulting from covered
operations or completed operations.
d) Professional Liability Insurance. In an amount not less than
$1,000,000 per claim sufficient to insure VWOS for
professional errors or omissions in the performance of the
particular scope of work under this agreement.
4. Proof of Carriage of Insurance. VWOS shall furnish CITY,
through the Public Works Director, concurrently with the
execution hereof, with satisfactory proof of carriage of the
insurance required, and that each carrier shall give CITY at
least thirty days prior notice of the cancellation of any
policy during the effective period of this Agreement. VWOS
shall provide an endorsement to its commercial general
liability automobile liability, and pollution liability
insurance policy demonstrating that the CITY, its elective and
appointive boards, officers, agents, and employees have been
named as additional insured's to provide indemnity pursuant to
subparagraph 3 above. All insurance shall be primary, and any
insurance or self-insurance maintained by CITY shall be excess
of VWOS' insurance and shall not contribute to it. VWOS'
insurance shall apply separately to each insured against whom a
claim is made or suit brought, except with respect to the
limits of the insurer's liability.
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5. Deductibles. Any deductibles and self -insured retentions must
be declared to and approved by CITY, such approval not to be
unreasonably withheld.
6. Acceptability of Insurers. Insurance shall be placed with
insurers with a Best's rating of no less than A-:VII and
authorized to do business in the State of California.
O. Compliance with Laws
VWOS shall comply with all applicable state, federal and local
laws and ordinances as they apply to the FACILITY.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS' STATE LICENSE BOARD, WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF
THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT
ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED
WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE
REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CA 95826.
P. Laboratory
1) NPDES - VWOS will perform all laboratory sampling,
testing, and analyses presently required by existing NPDES Permit
No. CA 0037788, to be issued July 1, 2018, and provide a QA/QC
program. Perform lab analysis for potable water samples for CITY
on an as needed basis. The frequency for the analyses would be
determined by an event or failure of lab services provided by
others to the City.
2) Sampling - Perform the sampling and analysis for
Priority Pollutants, Monthly Metals, Toxicity Testing, Semi -Annual
Sludge Testing, and Waste Minimization Program. Sampling
parameters and sampling frequency are provided in NPDES Permit No.
CA 0037788.
3) Accreditation - Conduct four (4) sets of field
testing and pay the required fees to attain accreditation for
the laboratory at the FACILITY.
Q. North Bayside System Unit (NBSU)
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The North Bayside System Unit (NBSU) is the Joint Powers Authority
responsible for operation of certain shared transport and disposal
facilities. The NBSU provides de -chlorination and effluent
disposal services for four municipal wastewater treatment plants:
Burlingame, Millbrae, SF Airport, and South San Francisco/San
Bruno. The joint effluent is de -chlorinated prior to discharge
into San Francisco Bay. VWOS shall monitor and report to the City
any changes in the Joint Powers Authority. VWOS shall operate the
Facility in a manner that conforms to effluent parameters set
forth in the treatment plant's NPDES permit #CA0037788. VWOS shall
attend NBSU meetings and keep the City appraised of pertinent
issues. VWOS shall assist the City in the evaluation process
involved with annual maintenance and repairs of the NBSU line.
VWOS shall assist the City with development of SOP's for planned
and emergency shutdown procedures of the NBSU line.
R. Conflicts of Interest
VWOS understands that its professional responsibilities are solely
to the CITY. VWOS has not and shall not obtain any business
holdings or financial interest in the City of Burlingame. VWOS has
no business holdings or agreements with any individual member of
the Staff or management of the CITY or its representatives nor
shall it enter into any such holdings or agreements with such
individuals. In addition, VWOS warrants that it does not presently
and shall not acquire any direct or indirect financial interest
adverse to those of the CITY in the subject of this Agreement, and
it shall immediately disassociate itself from such an interest
should it discover it has done so and shall, at the CITY' s sole
discretion, divest itself of such interest. VWOS shall not
knowingly and shall take reasonable steps to ensure that it does
not employ a person having such an interest in this performance of
this Agreement. If after employment of a person, VWOS discovers it
has employed a person with such direct or indirect interest, VWOS
shall promptly notify CITY of this employment relationship, and
shall, at the CITY's sole discretion, sever any such employment
relationship, or at the discretion of VWOS, no longer employ that
individual in the performance of the Agreement. The term
"financial interest," as used in this Paragraph, does not include
this Agreement, or any obligations undertaken by VWOS pursuant to
the Agreement, or any litigation, lawsuits or claims that may
arise from VWOS's operations under this Agreement.
Section IV. CITY RESPONSIBILITIES
A. Compensation
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Effective July 1, 2018, the CITY shall pay to VWOS as compensation
for the services performed, the sum of $281,363 based on 0.856 x
3.60% CPI-W increase for San Francisco Bay area as published for
the month of February 2018 by the U.S. Department of Labor, Bureau
of Labor Statistics. This compensation amount shall be payable at
the first of each month the services are to be rendered.
Compensation will be subject to annual adjustment as described in
Attachment A. Payment to VWOS for this and all other compensation
or reimbursement arising from other provisions of this Agreement
shall be made within twenty (20) days after receipt of invoice.
Late payments in excess of 20 days will be subject to a service
charge of 1.5% per month or maximum legal rate, whichever is less.
It is agreed and understood that the process for payment provided
in this Agreement is intended to accommodate an ongoing system.
Therefore, it is expected that the City shall pay compensation
under this section that the City may dispute in either amount or
extent, and that payment by the City shall not be interpreted to
waive any rights the City may assert to dispute the amounts
claimed by VWOS through the dispute resolution process of this
Agreement or otherwise.
To the extent that any portion of the compensation described
herein violates applicable law or the terms of any existing debt,
bonds, grants or other financing or debt incurred by the CITY
prior to the effective date relating to any of the FACILITY, VWOS
and the CITY shall adjust the compensation to comply with such
applicable law or the terms of such existing debt, bonds, grants
or other financing or debt, as applicable, in order to provide
VWOS with the amount of compensation contemplated under this
Agreement.
B. Audits
The CITY, at its own expense, shall have the right to audit VWOS
costs at any time during the life of this Agreement.
C. Easements and Liens
VWOS shall maintain existing easements, licenses, and warranties
for the mutual benefit of both parties.
D. Existing Inventories
The City shall provide vehicles and equipment listed in Attachment
B for use by VWOS (as identified on February 26, 2018). This list
shall be updated annually and included in the annual budget update
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report as an amendment to Attachment B. Said vehicles and
equipment shall be in good and serviceable condition and shall
comply with all OSHA and State licensing requirements. Should CITY
elect to remove any item listed in Attachment B from use, CITY
agrees to replace said item immediately with comparable vehicles
or equipment, and the City shall be responsible for providing
proper maintenance on said replacement vehicles or equipment.
E. Capital Outlay and Capital Improvement Plan Reimbursements
City shall pay for all capital outlay and capital improvement plan
improvements so that the water quality and other performance
guarantees are not compromised. Payment for these invoiced
services is detailed in Attachment A - Section E.
Capital Outlay/Improvement items that will improve productivity or
other savings to the operator will not be approved unless the CITY
will receive a satisfactory portion of the economic benefit.
Capital Outlay/Improvement items related to personnel and public
safety, facility protection, compliance with new permit
requirements, expanded capacities, or product quality enhancement
shall be evaluated on their particular merits and purchased in
accordance with available funds; however, these capital
Outlay/Improvement items remain the sole responsibility of the
City. The City and VWOS understand that additional capital
Outlay/Improvement items may be required at the facilities and
that VWOS under a turnkey and financing approach can provide
significant savings to the City. VWOS shall complete a detailed
design, operation, and finance submittal for the City's review for
each potential turnkey project. The City, at its sole discretion,
can elect to proceed and would then adjust VWOS compensation and
contract term to mutually agreeable payment terms. The CITY may
also proceed to perform the work with its own forces or to
contract otherwise to have the work performed. In such
circumstances, VWOS shall have the option to review such CITY
performed work for acceptability prior to assumption of
responsibility for operation and maintenance.
F. Emergency Repairs
VWOS shall have the right to make emergency capital outlay
expenditures, with prior notification to the City and City
consent, if such expenditures are necessary to continue operation
of the FACILITY in order to provide for employee public safety and
environmental protection. The CITY will reimburse VWOS for these
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emergency capital outlay expenditures
Attachment A -Section D.
G. Digester Cleaning
in accordance with
Provide for digester cleaning since it is beyond normal
maintenance practice and is not a normal operating expense.
Digester cleaning budgeting will be accomplished in the annual
capital plan process. Both parties recognize that plant upsets and
unusual operations costs could be incurred by the limitations of
the digester system during periods of digester cleaning. Any costs
incurred by VWOS due to digester inadequacy during cleaning
periods shall be the responsibility of the CITY.
Section V. LIMITATIONS
A. Influent Characteristics
Should FACILITY influent wastewater characteristics exceed
FACILITY design parameters as determined by the design engineer as
outlined in the Design Engineer's Memorandum dated September 12,
1990 prepared by Black & Veatch, which states:
Average Annual Daily Flow 4.5 MGD
Biochemical Oxygen Demand (BOD) 10,320 lbs. per day
Total Suspended Solids (TSS) 10,300 lbs. per day
Or should influent contain abnormal, toxic or other substances
which cannot be removed or treated by the existing FACILITY or
contain discharges which violate the applicable sewage ordinances,
VWOS does not accept responsibility for associated effluent
characteristics or damages. VWOS shall advise the CITY in writing
of the abnormal situation and planned course of action within 48
hours of occurrence. However, VWOS in such event agrees to return
FACILITY effluent to contract limits within twenty (20) days after
influent returns to acceptable limits.
B. City Acts
Wrongful, willful, or negligent acts of the CITY, through its
officers, agents, or employees and wrongful, willful or negligent
acts of third parties, or acts of God, which cause damage to the
FACILITY or to other parties or properties, shall be the
responsibility of the CITY.
VWOS shall not be responsible for:
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• Wrongful, willful or negligent acts of the CITY, by its
officers or employees or agents not affiliated with VWOS, and
• Wrongful, willful, or negligent acts of third parties not
affiliated with VWOS, and
• Acts of God
which cause damage to the FACILITY or damage or injury to other
parties or properties.
C. Force Majeure
Extraordinary or unusual occurrences associated with flood,
earthquakes, fire or acts of God which increase maintenance
expense, repair costs, or other expense shall be the
responsibility of the CITY.
D. Labor Conditions
In the event labor stoppage by employee groups (e.g., picketing)
causes a disruption with VWOS' employees from entering and working
at the treatment plant FACILITY, the CITY, with VWOS' assistance
or VWOS at its own option shall seek appropriate legal injunctions
or court orders. During such a designated period, VWOS shall
operate the FACILITY on a best-efforts basis until labor relations
are normalized and shall not be liable for any fines or penalties
that are imposed as a result of such disruptions. The CITY retains
the right to assume responsibility for the FACILITY should a labor
stoppage endanger public health and safety.
E. Changes in Law
Changes in regulations or laws that require modification of
treatment processes, addition of new or additional chemicals, or
changes in staffing requirements will require modification of
contract scope and may require increased payment by the City to
VWOS per Attachment A, subparagraph 4.
Section VI. INDUSTRIAL WASTE PROGRAM (IWP), and STORM WATER
POLLUTION PREVENTION PROGRAM (STOPPP)
VWOS shall use its best efforts to operate and manage the
Industrial Waste Program (IWP) and the Storm Water Pollution
Prevention Program (STOPPP) for the CITY. These programs shall
consist of: investigating sources of unusual wastes entering the
CITY's wastewater treatment plant, sewer system overflows, and
winterization of construction projects; documentation of illicit
discharge to the storm water collection system and all
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inspections; performing field monitoring; inspection of
commercial, industrial, and construction sites (mostly non-
residential) for stormwater and if applicable for grease trap
conditions and maintenance; maintenance of equipment assigned to
the program; sample collection and analysis, as per Attachment C;
and laboratory work. All reports, monthly and annually, shall be
prepared by VWOS in strict confidence and only submitted to the
Director of Public Works or designate. The Director of Public
Works shall, at all times, be the Director of the Programs.
VWOS shall pay all expenses incurred in the operation and
management of the IWP, and STOPPP including wages, salaries, and
consumables - such as gasoline and laboratory chemicals - and
industrial waste laboratory testing by an outside laboratory.
VWOS shall staff the program with qualified personnel. A 150
increase or decrease in inspection, monitoring, sampling, or
testing frequency time for a 12-month average period from the list
described in Attachment C, shall be subject to the terms and
conditions of Attachment A, Section D, "GENERAL PROVISION FOR
ADJUSTMENTS."
Section VII. ELECTRICAL PROGRAM
It is the intent of the electrical program to provide a basis for
all electrical costs. The program is keyed on an annualized cost
per kilowatt-hour and annual total kilowatt-hour consumption.
Adjustments to electrical costs shall be the result of (1) changes
in electrical rates by the electrical utility, (2) major additions
or deletions of plant equipment, and/or (3) events outside the
control of VWOS that impact overall electrical consumption.
Electric cost baseline information and adjustment terms are
provided in Attachment A.
Adjustments to the unit cost electrical component of the
compensation shall be made annually during the annual review of
project indices based on a 10% increase or decrease in the kWh
unit price. Should overall electrical consumption over the
monitoring period increase or decrease by 10% due to circumstances
outside the control of VWOS, compensation shall be adjusted
accordingly.
Section VIII. GENERAL PROVISIONS
A. Renewal
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This Agreement may be renewed for successive terms of five (5)
years each as provided in this Section.
If VWOS desires to renew this Agreement, it shall give written
notice to the CITY no later than the January 1 preceding the July
1 termination date of the Agreement. If VWOS conditions the
renewal of the Agreement on an increase in compensation above the
price adjustment contained in Attachment A "ADJUSTMENTS TO
COMPENSATION," VWOS shall include in the notice a clear statement
of the increased compensation and a justification of the requested
increase.
Upon receipt of a written notice of renewal, the CITY and VWOS
will prepare a reasonableness rate and cost report to compare the
projected VWOS charges vs. wastewater charges and rates being paid
by other municipalities for comparable wastewater treatment
facilities in the surrounding area. The reasonableness report will
be provided to the CITY no later than April 1 preceding the July 1
termination date. Any costs incurred in preparing the
reasonableness report by an outside agency shall be paid by the
CITY.
Following receipt of the reasonableness report, the CITY may in
its sole discretion determine whether to renew the Agreement on
the terms offered by VWOS, negotiate a different agreement with
VWOS, or take any other action that it determines appropriate. No
later than June 1 preceding the July 1 termination date, CITY
shall notify VWOS of its decision with regard to renewal. Should
the CITY not provide this written notice, the Agreement will
terminate on the July 1 termination date.
If the Agreement is not renewed, VWOS shall continue to provide
the current operations staff and perform services in accordance
with this Agreement for one hundred eighty (180) days beyond the
date of termination. During this extended period, CITY shall
compensate VWOS based on VWOS' direct costs X overhead factor of
15% X 1.1 profit fee multiplier.
B. Termination
Either party to this Agreement may terminate this Agreement upon
material breach by the other party providing that such terminating
party first provide written notice of such breach to the other
party and such breach is not corrected within ninety (90) days. In
this event, VWOS shall continue to provide the current operations
staff for a period of at least one hundred eighty (180) days
beyond the set date of termination. CITY shall compensate VWOS
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based on VWOS' [(direct costs x [150] overhead factor) x 1.1
profit fee multiplier].
C. Hold Harmless
VWOS hereby agrees to, and shall hold the CITY, its elective and
appointive boards, officers, agents and employees, harmless from
any liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage which
may arise from VWOS' operations under this Agreement, whether such
operations be by VWOS or by any subcontractor or subcontractors;
provided, however, it is understood that this Agreement does not
apply to bodily injury or property damage arising out of the
discharge, dispersal, release or escape of the FACILITY effluent
into or upon land, the atmosphere or any water course or body of
water unless as a result of the negligence or willful or wrongful
misconduct of VWOS or any subcontractor of VWOS. Except as
provided for above, VWOS agrees to and shall defend CITY and its
elective and appointive boards, officers, agents and employees
from any suits or actions at law or in equity for damages caused
or alleged to have been caused by reason of any of the aforesaid
operations; provided as follows:
a) That CITY does not, and shall not, waive any rights
against VWOS that it may have by reason of the aforesaid
hold -harmless agreement, because of the acceptance by
CITY, or the deposit with CITY by VWOS of any of the
insurance policies hereinbefore described in Section
III-N.
b) That the aforesaid hold -harmless agreement by VWOS shall
apply to all damages and claims for damages of every
kind suffered by reason of any of the aforesaid
operations of VWOS or any subcontractor, regardless of
whether or not such insurance policies shall have been
determined to be applicable to any of such damages or
claims for damages, except as provided in the second
paragraph Section VIII-D.
Notwithstanding anything to the contrary in this Agreement: (1)
neither VWOS nor its subcontractors or vendors of any tier, nor
their respective officers, directors, employees, agents or
representatives, shall be liable to CITY for consequential,
incidental, indirect or special damages or loss of actual or
anticipated profits, cost in excess of estimated costs, or
increased expenses of manufacturing, relating directly or
indirectly to this Agreement; (2) CITY's exclusive remedies
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against VWOS and its subcontractors or vendors of any tier, and
their respective officers, directors, employees, agents and
representatives shall be only those expressly provided in this
Agreement; (3) VWOS shall name the CITY as an additional insured
on the comprehensive general liability insurance required to be
carried under this Agreement, using as the endorsement the
attached Exhibit A, with combined single limits of liability of $2
million per occurrence and $4 million aggregate; and (4) the
cumulative liability of VWOS, its insurers, its subcontractors and
vendors of any tier, and their respective officers, directors,
employees, agents and representatives arising from or relating in
any way to the Facility (exclusive of VWOS' liability under
Section VIII C for reimbursement of fines and penalties)shall in
no event exceed on an annual aggregate basis an amount equal to
the limits of insurance required to be carried by VWOS under
this Agreement, and CITY assumes any excess liability. The
foregoing shall apply regardless of whether liability or remedies
arise in contract, negligence, strict liability or otherwise.
D. Water Quality Protection
VWOS shall reimburse the CITY for those fines and civil penalties
imposed by regulatory agency on CITY during the term of the
AGREEMENT for violations of the CITY's NPDES Permit #CA0037788,
issued on July 1, 2018, caused solely by VWOS' negligence or
willful misconduct. VWOS shall be given full authority to contest
such violations and CITY shall assist VWOS in all such
proceedings.
E. Dispute Resolution
If the parties cannot agree upon the respective liabilities of the
parties, either party shall notify the other that such a
disagreement exists. Within ten (10) days after receipt of such
notice, each party shall appoint an arbitrator. Within twenty (20)
days after those arbitrators are named, they shall appoint a third
arbitrator. The three arbitrators shall forthwith meet and
determine the respective liabilities of the parties. Arbitration
shall be conducted according to the rules of the American
Arbitration Association, Construction Industries Section. The laws
of the State of California regarding arbitration, insofar as
applicable, shall govern any arbitration under this paragraph. The
arbitrators may examine evidence and witnesses. The decision of at
least two of the three arbitrators shall be final and binding upon
the parties hereto. The decision of the arbitrators shall be in
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writing; and immediately upon its completion, one copy shall be
transmitted to the CITY and one copy to VWOS.
F. Fire Insurance
CITY shall purchase and maintain standard fire insurance policies,
including extended coverage to the full insurable value of the
FACILITY; and VWOS shall be named as an additional insured under
these policies during the life of this contract. VWOS shall have
no liability to CITY with respect to loss, damage, or destruction
covered by such policies. The City may also elect to provide all
or part of such coverage through self-insurance or coverage
provided by an insurance pool.
G. City Financial Review
VWOS agrees to make its books and records relative to the
operation of the FACILITY available for inspection by CITY, its
designated agent, or designated independent accountant for the
specific purpose of determining the validity of any requested
increase for compensation and for the general purpose of
ascertaining compliance with the provisions of this Agreement.
Such inspections shall be made during normal business hours.
H. VWOS Capital
Any capital equipment provided by VWOS during the term of this
Agreement shall remain the property of VWOS. In the event VWOS
sells such equipment, the CITY shall have first option to
purchase.
I. VWOS Independent Contractor
It is understood that the relationship of VWOS to the CITY is that
of an independent contractor and that none of the employees or
agents of VWOS shall be considered employees of the CITY.
J. Waiver of Rights
The failure on the part of either party to enforce its rights as
to any provision of the Agreement shall not be construed as a
waiver of its rights to enforce such provision in the future.
K. Assignment
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This Agreement shall not be assigned by either party without the
prior written consent of the other unless such assignment shall be
to an affiliate or successor of either party.
L. Equal Opportunity Employment
VWOS warrants that it is an equal opportunity employer and shall
comply with applicable regulations governing equal employment
opportunity. VWOS does not and shall not discriminate against
persons employed or seeking employment with them on the basis of
age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin,
religion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair
Employment & Housing Act. In performing services under this
Agreement, VWOS shall not discriminate against any permit holder
or persons receiving or seeking service on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry,
physical or mental disability, national origin, religion, or
medical condition.
M. Agreement Limits
This Agreement contains the entire Agreement between the CITY and
VWOS and supersedes all previous or contemporaneous
communications, representations, or agreements. This Agreement may
be modified only by written amendment signed by both parties.
N. City Access
CITY public works staff shall have access to the FACILITY covered
by this Agreement at all times, but shall be required to first
sign in at the FACILITY main office.
O. Notices
All notices shall be in writing and delivered in person or
transmitted by certified mail, return receipt requested, postage
prepaid. Notices required to be given to VWOS shall be addressed
as follows:
Senior Vice President
Veolia West Operating Services, Inc.
3731 Wilshire Blvd., Suite 600
Los Angeles, CA 90010
Notices required to be given to the CITY shall be addressed as
follows:
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CITY MANAGER OF THE CITY OF BURLINGAME
City Hall
501 Primrose Road
Burlingame, CA 94010
or to such other address as may be specified in written notice.
IN WITNESS WHEREOF, the CITY and VWOS have caused this
Agreement to be duly executed as of the day and year first above
written.
By
C TY MANA ER
C Y ATTORNEY
By(i/e;
VEOLIA WEST OPERATING SERVICES,INC.
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ATTACHMENT A
ADJUSTMENTS TO COMPENSATION
A. Adjustments to Compensation
From commencement of the contract until the contract expires,
compensation shall be adjusted to as per herein provided by this
contract. It is the objective of this contract to minimize such
adjustments. Examples of items that trigger contract adjustments
are as follows:
• Annual - Consumer Price Index (CPI-W) for all costs other
than electricity.
• Periodic - Electricity based on an increase or decrease of
10% in the 12 month average unit cost and/or the 12 month
consumption of electricity in kilowatt hours.
• Periodic - An increase or decrease of more than 10% in 12
month averages for flow and loading
• Periodic - An increase or decrease of more than 10% in
Biosolids and Grit and Screenings wet ton per year volumes
and/or cost required for disposal.
• Periodic - Other factors such as changes in regulatory
requirements, approved VWOS turnkey project improvements,
etc.
The annual CPI adjustment shall be implemented on July 1 of
each year based on the change in CPI from February 28 of the
current year and February 28 of the previous year. All periodic
adjustments shall be discussed during the annual meeting held
prior to March 1 of each contract year.
All adjustments shall be made retroactive to the date that
the adjustment exceeded the upper or lower trigger values.
Suitable substantiating information shall be provided by VWOS to
demonstrate the need for the adjustment. Adjustments shall be
based on cost exclusive of the annual changes in CPI and shall be
billed or credited to the CITY by May I of that year.
B. Annual Adjustments - CPI-W
Compensation shall be increased or decreased annually according to
the following U.S. Department of Labor, Bureau of Labor Statistics
(B.L.S.) index:
Consumer Price Index (CPI-W) (San Francisco -Oakland -San Jose,
1982-84 = 100). The first increase or decrease in compensation
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shall be effective July 1, 2018 and shall be based on the sum
total percentage change in the above -mentioned indices between
February 28, 2017 and February 28, 2018. Each subsequent increase
or decrease in compensation shall be effective each July 1 and
shall be based on the prior February 28 to February 28 change in
the B.L.S indices. Should the B.L.S index change the method and
manner of the CPI-W then both parties agree to develop a new
compensation standard, which equitably adjusts the annual
compensation.
The percentage increase or decrease in service compensation is to
be calculated annually.
WEIGHT
INDEX CHANGE
WEIGHTED % CHANGE
(% Change in CPI-W
0.856
x
San Francisco -Oakland-
=
WT. % CHANGE
San Jose 1982-84 = 100)
NOTE: Weighted factor is based on the percentage of overall basic
compensation contract costs exclusive of electricity.
C. Periodic Adjustments
1) Electricity
Compensation shall be increased or decreased for utility rate
changes and/or overall electrical consumption. Adjustments to
the unit cost electrical component of the compensation shall be
made annually during the annual review of project indices —based
on a 10% increase or decrease in the annualized kilowatt-hour
unit price. Should overall electrical consumption over the
monitoring period increase or decrease by 10% due to
circumstances outside the control of VWOS, compensation shall
be adjusted accordingly. Adjustments shall be made retroactive
to the date that the cost impact of the change was documented
by electric bills.
Initial baseline values for electrical unit cost and
overall electrical consumption are as follows:
$0.16 per kilowatt-hour (kWh), Monthly Rolling Average
(MRA) = $0.1842 per kWh
5,800 kwh/day, MRA = 5,094 kwh/day
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2) Flow and Loading
The Annual Fee for services under this AGREEMENT is based upon
the following Project characteristics:
Flow 3.9 mgd,
BOD, 8,400 #/day, MRA = 9,009 #/day
TSS 8,400 #/day, MRA = 9,135 #/day
Any annualized (12-month average) increase or decrease of 10%
in flow, BOD loading, or SS loading shall give either party the
option to renegotiate service compensation upon 30 days written
notification to the other party. All compensation adjustments
shall be retroactive to the beginning of such 12-month period.
BOD loading and SS loading for the purpose of this contract
shall be calculated as follows:
Monthly BOD,
_ (monthly
average
of daily plant
Loading
influent
BOD, in
mg/1) x (monthly
(lbs./day)
average
influent
flow in million
gallons per day) x
(8.34 lbs./gallon)
Monthly
= (monthly
average
of daily plant
Suspended Solids
influent
suspended
solids in mg/1) x
Loading
(monthly
average
influent flow in
(lbs./day)
million
gallons
per day) x (8.34
lbs./gallon)
3) Residuals
Disposal
Residuals disposal, which includes screenings, grease, grit,
and biosolids, shall be the responsibility of VWOS. The current
baseline conditions for these residual amounts are: Biosolids
4,280 Wet Ton/Year and per ton cost of $46.17, Grit and
Screenings 88 Wet Ton/Year per year and net per ton cost of
$277.00.
4) General Provision for Adjustments
In the event that any changes in the scope of operation for the
FACILITY should occur (other than those discussed elsewhere in
this Attachment), including but not limited to changes in flow or
loadings, changes in governmental regulations, reporting
requirements, and effluent standards which increase the cost of
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operating the FACILITY, or additions of turnkey capital or
maintenance equipment by VWOS to the City, VWOS shall be entitled
to additional compensation which would include reasonable amounts
for overhead and profit. Such additional compensation will
be: (1) negotiated by the parties within a reasonable period of
time or, if no negotiated agreement can be achieved, (2) set as a
compensation adjustment of [(direct costs x VWOS 15% overhead
factor) x 1.1 profit fee multiplier].
D. General Facility Maintenance Payments
The general Facility Maintenance fund encompasses a wide range of
smaller repair and maintenance purchases made during the year. The
contractually approved CPI-W for the San Francisco -Oakland -San
Jose Bay Area is applied to the General Facility Maintenance fund
for an annual increase/decrease depending on the results of the
February B.L.S. index. VWOS shall provide a monthly invoice to the
City for all General Facility Maintenance Expenditures. The
invoice amounts will show the actual expense with 15% for overhead
and 10% for profit.
E. Capital Outlay Payments
The City agrees to maintain throughout the contract year the
maintenance plan funds that were approved on or before June 30.
VWOS shall complete these repairs as required in a timely fashion.
It is agreed that as these maintenance projects from the
maintenance plan are completed, VWOS shall provide a monthly
invoice to the City for all maintenance plan expenditures. The
invoice amounts will show the actual expense with 15% for overhead
and 10% for profit.
F. Capital Improvement Payments
The City agrees to maintain throughout the contract year the
Capital Improvement plan funds that were approved on or before
June 30. VWOS shall complete these repairs as required in a timely
fashion. It is agreed that as these projects from the Capital
Improvement plan are completed, VWOS shall provide a monthly
invoice to the City for all Capital Improvement plan expenditures.
The invoice amounts will show the actual expense with 5% for
overhead and 8% for profit. Capital Improvement plan items shall
exceed the Capital Outlay dollar limit of $50,000 and/or extend
equipment life span. The CITY and VWOS will review the overhead
and profit percentages for Capital Improvement work with respect
to reasonableness during the annual review meeting held in March.
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ATTACHMENT B
LIST OF VEHICLES AND EQUIPMENT
i. Treatment Plant
• ISCO
Sampler:
Model No.
3710-FR
Serial No.
200M00528
• ISCO
Sampler:
Model No.
3710-FR
Serial No.
02AO1505
• ISCO
Sampler:
Model No.
2900
Serial No.
197LO1654
ISCO
Sampler:
Model No.
3700
Serial No.
196L00588
ISCO
Sampler:
Model No.
3700FR
Serial No.
09279249
• ISCO
Sampler:
Model No.
3700
Serial No.
82979291
• ISCO
Sampler:
Model No.
3710
Serial No.
196L00588 Backup Head
(no case)
ISCO
Sampler:
Model No.
4700
Serial No.
212HO2135
ISCO
Sampler:
Model No.
4700
Serial No.
212H00629
2003
Ford Pickup:
License #1127674
VIN #1FTYR10E03PA32064
• Yard
Jockey used
for sludge
trailer movement
• 2006
Equipment Trailer:
License 4HP9000
VIN #5NHUEX2196T605219
• Yale
Forklift:
Model No.
GLP060VXNVSQ091
Serial No.
B875VO3196G
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Laboratory Equipment
• Coliform Incubator IC-62 Scientific products
• BOD (Biological Incubator) by Hot Pack
• Blue M-Fecal Coliform H,0 Bath, Model: Magni-Whirl
• VWR Drying Oven, Model 1350F
• Market -Forge Autoclave (for Sterilization)
• Thermolyne 6000 Furnace
• Hach 2100P Turbidimeter
• MicroMaster Microscope -Fisher Scientific
• Corning Stirrer/Hotplate
• Tek Plate 20 (Hot Plate)
• Aquafine UV Disinfection Unit
• YSI DO Meter, Model 5000
• Hach DR2700 Spectrophotometer SN: 1364962
• Bioassay custom built skid (4- edition)
• MasterFlex peristaltic bioassay feed pump, SN: L02006173
• Kenmore (4°C Refrigerator), SN 83675403
• Labconco Flask Scrubber (Steam Dishwasher)
• YSI DO Meter, Model 550A, SN 05D2489 AE
• Thermo Orion pH Meter, 4Star, SN 005355
• YSI DO Meter, Model 59, SN 90L022078
• Troemner Analytical Weights, SN 11255
Equipment/Instruments 2017
• OHAUS Pioneer Analytical Balance
• Oxford Bacti cinerator
• Blue M-Fecal Coliform H2O Bath, Model Magni-Whirl
• BOD Incubator (Biological Incubator) by Hot Pack
• Honeywell BOD Recorder temperature
• Fisher Scientific Centrifuge-Accuspin tm 400
• EM Science Chemical treatment Spill Kit
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• American Scientific Products Coliform Incubator IC -62
Scientific products
• Coors USA 02/Pyrex England Desiccator
• Coors USA 02 Desiccator
• Nalgene/Coors USA 5/32 K Desiccator
• YSI-MultiLab IDS 4010-1 DO meter
• YSI DO Meter Model 5000
• YSI DO meter model 550A SN 05D2489 AE
• YSI DO meter model 59 SN 90L022078
• YSI Pro BOD IDS DO Meter Reader (sensor)
• Haws Eye Washer
• Labconco Flask Scrubber Steam Dishwasher
• Hamilton Fume Hood
• Hach 210ON Turbidimeter
• Kenmore refrigerator (4`C), SN 83675403
• Market -Forge Sterilmatic Autoclave (for sterilization)
• MasterFlex Model peristaltic Bioassay feed pump 7524-40
• MicroMaster Microscope - Fisher Scientific
• Celestron Microscope
• Ohaus Balance MB35 Halogen
• Thermo Electron Corporation PH/Conductivity meter
• Thermo Electron Corporation ORION 4 Star pH/Conductivity
meter (sensor)
• Toledo AG SN B149521085 pH/meter
• Pump aerator
• Pump aerator
• Pump aerator
• Emergency Shower
• Spectrophotometer DR 3900 Hach, SN 1700592
• Spectrophotometer DR2700 Hach, SN 1364962
• Corning Stirrer/Hotplate (4 units)
• Corning PC 420D Stirring -Heater plate
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• Thermolyne Furnace 6000
• Heusser Neweigh Thermometer NIST SP 1088 (00-1100C)
• Heusser Neweigh Thermometer NIST SP 1088 (00-500C)
• OHAUS Explorer Pro Top Loading Balance
• Troemner Weights Lab, SN 11255
• Hach 2100 P ISO Turbidimeter Kit calibration
• Aquafine UV Disinfection Unit
• VWR Dryer Oven, model 1350F
• VWR Dryer Oven, model 1350G
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ATTACHMENT C
INDUSTRIAL WASTE PROGRAM
In accordance with CITY Ordinance Number 1572,Veolia shall
continue to implement the "Source Control Program" (also referred
to as an "Industrial Pretreatment Program") as authorized by the
City of Burlingame, CA to regulate the commercial and industrial
wastewater discharges into the municipal sewer system. Veolia
shall adhere to the requirements and conditions contained in CITY
Ordinance Number 1572, 40 CFR Part 403, and San Francisco Bay
Regional Water Quality Control Board Order No. R2-2017-0042,
Amendment of Waste Discharge Requirements for Municipal and
Industrial Wastewater Discharges.
The number of industries covered under this program, as of the
June 30, 2018 staff report is:
Industry Type
Number in Category
2018 Contract
Light
125
Moderate
30
Heavy
20
Non -Conventional/ Groundwater
6
SIU
1
TOTAL
176
VWOS shall be responsible for all routine testing for the above
industries. However, it is anticipated that additional retesting
beyond that normally required will be necessary. In such
circumstances, VWOS shall invoice the CITY for actual cost of
these tests.
STORM WATER POLLUTION PREVENTION PROGRAM
In accordance with NPDES Permit No. CAS6120008 (aka the Municipal
Regional Stormwater Permit and/or MRP), and NPDES Permit No.
CAS000001, the annual number of commercial and industrial
facilities to be covered under this program (or activity to be
taken in support of the program) requiring site inspections,
follow-up inspections, routine reports and reporting, assistance
with enforcement actions, meetings, etc. is:
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City of Burlingame and Veolia Water
Municipal Regional Stormwater NPDES Permit Scope of Work -
Inspection Category Numbers
Municipal Regional Permit
Number in Category
Section
(or activity to be taken)
C.3 - New Development and
130
Redevelopment
C.4 - Industrial and
96
Commercial Site Controls
C.5 - Illicit Discharge
25
Detection and Elimination
C.6 - Construction Site
10
Control
C.7 - Public Information and
Annual Bay Shoreline Clean-up event
Outreach
coordination; and Burlingame on the
Avenue event informational booth
C.13 - Copper Controls
(Assist City staff)
C.15 - Exempted and
(Assist City Staff)
Conditionally Exempted
Discharges
Annual MRP Reporting
Assist City staff)
MRP-associated meetings and
(Attend as required)
conferences
STOPPP regulatory review and
(As required)
commentary
Wastewater Treatment Plant
1
Storm Water Permit Management
and Compliance
City Code Enforcement support
(Assist City staff when STOPPP-
related)
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City of Burlingame and Veolia Water
Municipal Regional Stormwater NPDES Permit Scope of Work -
Description
Veolia Water will provide support to achieve compliance with the
City of Burlingame's Municipal Regional Stormwater NPDES Permit
(MRP) requirements. Technical support includes, but is not limited
to, Provisions C.3 (New Development and Redevelopment), C.4
(Industrial and Commercial Site Controls), C.5 (Illicit Discharge
Detection and Elimination), and C.6 (Construction Site Control).
Veolia staff will also represent the City at the San Mateo
Countywide Water Pollution Prevention Program (SMCWPPP) Committee
meetings.
Task 1: Review New Development and Redevelop Plans
Provision C.3 of the MRP requires Permittees to use their planning
authorities to include appropriate source control, site design,
and stormwater treatment measures in new development and
redevelopment projects to address stormwater runoff pollutant
discharges and prevent increases in runoff flows from those
projects.
Veolia Water will help support the following tasks in Provision
C.3 of the MRP:
• Attend pre-planning/planning meetings to ensure applicant is
aware of C.3 requirements. If not regulated by C.3, encourage
green infrastructure and source control measures. (C.3.a)
• Plan check of all submitted projects and upon request by City
staff. Review projects to ensure C.3 compliance, encourage
green infrastructure and source control measures when not
regulated by C.3. (C.3/C.6)
• Develop and maintain database (or spreadsheet) of regulated
projects, special projects, and hydromodification management
projects. (C.3.b.v/ C.3.e.ii/C.3.g.iv)
• Implement the Operations and Maintenance (O&M) Verification
Program for installed stormwater treatment systems; conduct
O&M inspections per MRP using the O&M inspection form
(C.3.h.)
• Conduct enforcement actions consistent with the Enforcement
Response Plan for all 0&M inspections. (C.3.h.ii.(7))
• Review site designs for small projects and detached single-
family home projects. (C.3.i.)
• Attend pertinent training. (C.3/C.6)
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• Assist with internal compliance assessments, program
improvements, training, outreach, and other tasks upon
request. (C.3)
• Attend weekly Code Enforcement Meetings with City staff.
• Attend quarterly SMCWPPP New Development committee meetings
or notify the City if unable to attend.
Task 2: Stormwater Business Inspections
Provision C.4 of the MRP requires Permittees to implement an
industrial and commercial site control program at all sites that
could reasonably be considered to cause or contribute to pollution
of stormwater runoff.
Veolia Water will help support the following tasks in Provision
C.4 of the MRP:
• Conduct inspections for commercial and industrial businesses
that have a reasonable likelihood of contributing to
stormwater pollution. Conduct follow-up inspections for
businesses that have potential or actual BMP violations.
Document all site inspections on the C.4 Business Inspection
Form electronically via CloudCompli or on paper. (C.4.b)
• Following site inspections, assign or update business
priority level (as established in c.4.b.ii.(2)(a)) for each
facility, site contact information, change of ownership,
closure, etc. in an electronic database. (i.e., CloudCompli)
(C.4.b.ii)
• Add new businesses to an electronic database (i.e.,
CloudCompli) that warrant inspections obtained from drive -by
or monthly business license report. (C.4.b.ii.(2)(c))
• Develop, implement, and update the City's Business Inspection
Plan annually. (C.4.b.)
• Develop, implement, and update the City's Enforcement
Response Plan as needed. (C.4.c.)
• Conduct inspections per BIP and ERP to prevent stormwater
pollution. Ensure that inspections are record using an
inspection form and are uploaded to an electronic database
(i.e., CloudCompli). (C.4.d.)
• Attend pertinent staff training(s) as needed. (C.4.e.)
• Attend quarterly SMCWPPP CII meetings or notify the City if
unable to attend.
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Task 3: Illicit Discharge Follow-up Investigations
Provision C.5 0£ the MRP requires Permittees to implement the
illicit discharge prohibition and to ensure illicit discharges are
detected and controlled that are not otherwise controlled under
Provisions CA and C.6.
Veolia Water will help support the following tasks in Provision
C.5 of the MRP:
• Develop, implement, and update the City's Enforcement
Response Plan as needed. (C.5.b)
• Conduct timely investigations for reports of illicit spills
and dumping. (C.5.c.)
• Update spill and discharge compliant tracking and enforcement
database (i.e., CloudCompli). (C.5.d.)
• Develop and implement standards and Best Management Practices
(BMPs) for mobile businesses and enforcement strategy.
Conduct outreach to mobile businesses and inspect as needed.
(C.5.e.)
Task 4: Construction Site Inspections
Provision C.5 of the MRP requires Permittees to implement a
construction site inspection and control program at all
construction sites, with follow-up and enforcement consistent with
each Permittee's respective ERP, to prevent construction site
discharges of pollutants into the storm drains.
Veolia Water will help support the following tasks in Provision
C.6 of the MRP:
• Develop, implement, and update the City's Enforcement
Response Plan (ERP) as needed. Conduct associated enforcement
per ERP. Ensure timely correction and follow-up of potential
and actual non-stormwater discharges. (C.6.b.)
• Conduct year-round construction inspection program to ensure
BMPs are in place through all phases of construction until
the site is fully stabilized by landscaping or the
installation of permanent erosion control measures. Oversee,
inspect, and require compliance and cleanup at all
construction sites year-round. (C.6.c.)
• Review applicant's Stormwater Pollution Prevention Plan
(SWPPP) or erosion control plan to ensure compliance with the
City's Municipal Code and BMP handbook. Verify that sites
disturbing one acre or more of land have filed a Notice of
Intent for permit coverage under the Construction General
Permit. Provide educational materials to
operators/developers, as appropriate. (C.6.d.)
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• By September lst each year, notify all site developers and/or
owners disturbing one acre or more of soil to prepare for
upcoming wet season; conduct monthly inspections during wet
season at particular sites per MRP requirements; develop and
maintain spreadsheet/database of inspections including
frequency, compliance, priority, etc. on CloudCompli; provide
appropriate educational materials; require timely corrections
as necessary per ERP; and record all inspections on a written
or electronic inspection form (via CloudCompli). (C.6.e.)
• Attend staff training(s) at least every other year. (C.6.f.)
Task 5: Support Copper Controls
Provision C.13 of the MRP requires Permittees to implement the
control measures and accomplish the reporting on those control
measures according to the provisions described in C.13. The
purpose of these provisions is to implement the control measures
identified in the Basin Plan amendment necessary to support the
copper site -specific objectives in San Francisco Bay.
Veolia Water will help support the following tasks in Provision
C.13 of the MRP:
• Encourage use of appropriate BMPs for managing waste during
post -construction; educate installers and operators on
appropriate BMPs for managing copper -containing wastes;
enforce against noncompliance. (C.13.a.)
• Provide as -needed support through inspections and enforcement
for illicit discharges from pools, spas, and fountains that
contain copper -based chemicals. (C.13.b.)
• Identify facilities likely to use copper or have sources of
copper and include in inspection program plans; educate
industrial inspectors on industrial facilities likely to use
copper or have sources of copper and proper BMPs for them;
and ensure that proper BMPs are in place at such facilities
to minimize discharge of copper to storm drains including
consideration of roof runoff that might accumulate copper
deposits from ventilation systems on site. (C.13.c.)
Task 6: Provide information for the MRP Annual Report
The MRP Annual Report is due on September 30 of each year. Each
Annual Report reports on the previous fiscal year beginning July 1
and ending June 30.
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Veolia Water will help support the following tasks:
• Provide data, including information from Tasks 1-5, to the
City in a timely manner for completion of the Annual Report.
• Attend the Annual Report training hosted by SMCWPPP.
Task 7: Organize Annual Bayfront Cleanup Day
The Burlingame Bayfront Cleanup Day is an annual waterway and land
cleanup held on the third Saturday of September. It overlaps with
the California Coastal Cleanup Day, which is the largest volunteer
event that brings the community together in removing trash from
our waterways and protecting our marine environment.
Veolia Water will help support the following tasks:
• Serve as primary point of contact for event
• Submit reporting forms as requested by the San Mateo County
Environmental Health Services
• Order materials for the event banner and deliver to or
retrieve from the Recreation and Park Department in a timely
manner
• Assist with set up and tear down of event and provide
additional support as needed
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Reference Material A-1
ROLLING FIVE YEAR CAPITAL OUTLAY PLAN
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Reference Material B-1
ROLLING FIVE YEAR CAPITAL IMPROVEMENT PLAN
O&M Agreement 4 0
Burlingame Wastewater Treatment Facility
AGREEMENT FOR AN EXTENSION OF THE 2018 CITY OF BURLINGAME (CITY)
AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES INC. (VWOS)
FOR THE OPERATIONS AND MAINTENANCE OF THE CITY'S WATEWATER
TREATMENT FACILITY
THIS EXTENSION AGREEMENT ("Extension"), made in duplicate and entered into
effective on the day of , 2023, extends the agreement dated May 21,
2018 ("2018 Agreement") by and between the CITY OF BURLINGAME ("CITY") and VWOS
("CONSULTANT"). CITY and CONSULTANT are collectively referred to as the "Parties."
RECITALS
WHEREAS, on May 21, 2018, the City of Burlingame entered into a 5-year operations and
maintenance agreement with VWOS for providing turnkey operations and maintenance for the
City's wastewater treatment facility and 1099 Rollins Road pump station, which is attached; and
WHEREAS, the City and the Consultant are in the process of finalizing the contract terms,
the City wishes to provide a two month extension in the interim; and
WHEREAS, the cost of this extension shall not exceed $800,000 for base contractual
services, facility maintenance, capital outlay, and special projects aspects of the facility
maintenance and operations; and
WHEREAS, this extension will expire on August 31, 2023; and
WHEREAS, this extension will adhere to the contract language from the 2018 — "City of
Burlingame: Agreement with Veolia Water West Operating Services Inc. for the Operations and
Maintenance of the City of Burlingame Wastewater Treatment Facility" (2018 Agreement) in its
entirety; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
The 2018 Agreement dated May 21, 2023, will be extended for two months,
2. The CITY agrees that the compensation for all work associated with this extension
shall not exceed $800,000.
3. This extension is through August 31, 2023.
Page 1 of 2
4. In all other respects, the provisions of the 2018 Agreement dated May 21, 2018,
shall remain in full force and effect to the extent they are not in conflict with this Extension.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and
year first above written.
CITY OF BURLINGAME
A municipal corporation
Lisa K. Goldman
City Manager
Approved as to form:
Interim City Attorney — Scott Spansail
ATTEST:
City Clerk - Meaghan Hassel -Shearer
Page 2 of 2
CONSULTANT
VWOS
Print Name:
Title:
BUR— �NGAME AGENDA NO: 11a
STAFF REPORT
MEETING DATE: June 20, 2023
To: Honorable Mayor and City Council
Date: June 20, 2023
From: Lisa K. Goldman, City Manager — (650) 558-7243
Michael Guina, City Attorney — (650) 558-7204
Subject: Public Hearing and Introduction of an Ordinance Establishing Chapter 6.55,
"San Francisco Peninsula Tourism Marketing District," of Title 6 of the
Burlingame Municipal Code Regarding the Establishment of the San
Francisco Peninsula Tourism Marketing District; CEQA Determination:
Exempt Pursuant to State CEQA Guidelines Sections 15378 and 15061(b)(3)
RECOMMENDATION
Staff recommends that the City Council hold a Public Hearing to introduce the proposed Ordinance
to form the San Francisco Peninsula Tourism Marketing District (SFPTMD). To introduce the
Ordinance, staff recommends the following procedure:
A. Receive the staff report and ask any questions of staff.
B. Conduct a Public Hearing.
C. Discuss the Ordinance and by motion determine whether to bring it back for second reading
and adoption. If the Council is in favor of the Ordinance, direct the City Clerk to publish a
summary of the Ordinance at least five days before its proposed adoption.
BACKGROUND
In 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed
pursuant to the Parking and Business Improvement Area Law of 1989 (Streets & Highways Code
section 36500 et. seq.) (89 Law) by Ordinance No. 1648. The San Mateo County/Silicon Valley
Convention and Visitors Bureau dba The San Francisco Peninsula (SFP), and San Mateo County
lodging businesses now seek to modernize the SMCTBID by forming a new District, the San
Francisco Peninsula Tourism Marketing District (SFPTMD), pursuant to the Property and Business
Improvement District Law of 1994 (Streets & Highways Code section 36600 et seq.) (94 Law).
DISCUSSION
The SFPTMD is a benefit assessment district proposed to create a revenue source to help fund
marketing and sales promotion efforts for San Francisco Peninsula area lodging businesses. This
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Ordinance re: Formation of SF Peninsula Tourism Marketing District June 20, 2023
approach has been used successfully in other destination areas throughout the state to improve
tourism and drive additional room nights to assessed lodging businesses. The proposed SFPTMD
includes all lodging businesses located within the boundaries of the cities of Belmont, Brisbane,
Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood
City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of
San Mateo County.
SFP and lodging business owners decided to pursue formation of the SFPTMD in order to create
a revenue source devoted to marketing the San Francisco Peninsula area as a tourist, meeting,
and event destination. If established, the SFPTMD would generate approximately $10,895,479 on
an annual basis for promotion of travel and tourism specific to the San Francisco Peninsula area.
TOURISM MARKETING DISTRICTS
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market -
based promotion of tourism. These special assessment districts allow lodging business owners to
organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD,
and those funds are used to provide services that are desired by and benefit the lodging businesses
within the TMD.
TMD benefits:
• Funds cannot be diverted for other government programs;
• They are customized to fit the needs of each destination;
• They allow for a wide range of services, including destination marketing, tourism promotion,
and sales lead generation;
• They are designed, created, and governed by those who will pay the assessment; and
• They provide a stable funding source for tourism promotion.
In California, TMDs are primarily formed pursuant to the Property and Business Improvement
District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment
district to raise funds within a specific geographic area. The key difference between TMDs and
other special benefit assessment districts is that funds raised are returned to the private non-profit
corporation governing the TMD.
MANAGEMENT DISTRICT PLAN
The attached Management District Plan includes the proposed boundary of the SFPTMD, a service
plan and budget, and a proposed means of governance. The SFPTMD will include all lodging
businesses located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo
Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San
Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County.
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Ordinance re: Formation of SF Peninsula Tourism Marketing District June 20, 2023
The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room
rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space,
and 0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on the benefit
received, assessments will not be collected on stays of more than 30 consecutive days; stays
provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an
airline, which is in furtherance of or to facilitate such crews' performance of their jobs for the airline,
including layovers between flights; employees of the state or federal government if room charges
are paid directly by their employing agency and copies of official travel orders are submitted as
applicable; and any properly credentialed officer or employee of a foreign government who is
exempt by reason of express provision of federal law or international treaty.
The proposed SFPTMD will have a five-year life, beginning October 1, 2023, or as soon as possible
thereafter, and ending five years from its start date. The assessment will be implemented beginning
October 1, 2023, or as soon as possible thereafter. Once per year beginning on the anniversary
of SFPTMD formation, there is a 30-day period in which business owners paying 50% or more of
the assessment may protest and begin proceedings to terminate the SFPTMD.
The City of Burlingame shall be responsible for collecting the assessments on a monthly basis
(including any delinquencies, penalties, and interest) from each lodging business located in the
boundaries of the SFPTMD. The City shall make all reasonable efforts to collect the assessments
from each lodging business. The City shall be paid a fee equal to one percent (1 %) of the amount
of assessment collected, or a flat fee of $60,000, whichever is greater, each year to cover its costs
of collection and administration.
SFPTMD FORMATION PROCESS
May 15, 2023 RESOLUTION OF INTENTION HEARING & RESOLUTION REQUESTING
CONSENT (COMPLETED)
Upon the submission of a written petition, signed by the lodging business
owners in the proposed district who will pay more than 50% of the
assessments proposed to be levied, the City Council may initiate
proceedings to establish a district by the adoption of a resolution expressing
its intention to establish a district.
Petition Status: Petitions in favor of SFPTMD formation were submitted by
65 lodging businesses, which represent 58.12% of the total SFPTMD
assessment. This majority petition allowed the City Council to initiate
proceedings for SFPTMD formation at the May 15, 2023 meeting.
Upon adoption of the Resolution of Intention, the City Council adopted a
resolution requesting consent from all jurisdictions to be included in the
proposed SFPTMD. Consent must be received from the jurisdictions prior to
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Ordinance re: Formation of SF Peninsula Tourism Marketing District June 20, 2023
the final public hearing for their jurisdiction to be included in the established
SFPTMD.
By May 21, 2023 NOTICE (COMPLETED)
The 94 Law requires the City to mail written notice to the owners of all lodging
businesses proposed to be within the SFPTMD. Mailing the notice begins a
mandatory 45-day period in which owners may protest SFPTMD formation.
June 20, 2023 PUBLIC HEARING AND INTRODUCTION/FIRST READING OF
ORDINANCE
Hold a Public Hearing and allow public testimony on the formation of the
SFPTMD and levy of assessments.
At the public hearing, the Council shall introduce and conduct the first
reading of the Ordinance forming the SFPTMD and levying the assessment.
July 5, 2023 FINAL PUBLIC HEARING AND SECOND READING/ADOPTION OF THE
ORDINANCE; RESOLUTION OF FORMATION
If written protests are received from the owners of lodging businesses in the
proposed SFPTMD who will pay more than 50% of the assessments
proposed to be levied, and protests are not withdrawn so as to reduce the
protests to less than 50%, no further proceedings to levy the proposed
assessment against such lodging businesses shall be taken for a period of
one year from the date of the finding of a majority protest by the Council.
If the Council, following the public hearing, decides to establish the proposed
SFPTMD, the Council shall adopt a resolution of formation.
Following a successful public hearing and first reading of the Ordinance, the
Council shall convene to hold a second reading of the Ordinance
establishing the SFPTMD and levying the assessment. Upon successful
passage of the Ordinance, the SFPTMD shall be established, and the
Ordinance shall go into effect thirty (30) days after successful passage of the
Ordinance.
Following establishment of the new district under the 94 Law, staff will bring an ordinance to the
City Council for disestablishment of the prior, 89 Law district.
FISCAL IMPACT
There is no fiscal impact from this action. The City will receive a fee of 1 % of the amount collected,
or a flat fee of $60,000, whichever is greater, each year to cover its costs of collection and
administration. Because the SFPTMD programs are intended to increase visitation to the San
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Ordinance re: Formation of SF Peninsula Tourism Marketing District June 20, 2023
Fransisco Peninsula area, there may be an increase in transient occupancy tax and sales tax
collections.
Exhibits:
• Ordinance establishing the SFPTMD and levying the assessment
• Management District Plan
• Resolution of intention to form the SFPTMD
• Resolution requesting consent to form the SFPTMD
5
CITY OF BURLINGAME
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING
CHAPTER 6.55, "SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT," OF TITLE 6 OF
THE BURLINGAME MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF THE SAN
FRANCISCO PENINSULA TOURISM MARKETING DISTRICT; CEQA DETERMINATION: EXEMPT
PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3)
WHEREAS, in 2001, the San Mateo County Tourism Business Improvement District (SMCTBID)
was formed pursuant to the Parking and Business Improvement Area Law of 1989 (Streets & Highways
Code section 36500 et. seq.) (89 Law) by Ordinance No. 1648; and
WHEREAS, the City of Burlingame (City), San Mateo County/Silicon Valley Convention and Visitors
Bureau dba The San Francisco Peninsula (SFP), and San Mateo County lodging businesses seek to
modernize the SMCTBID by forming a new District, the San Francisco Peninsula Tourism Marketing District
(SFPTMD), pursuant to the Property and Business Improvement District Law of 1994 (Streets & Highways
Code section 36600 et seq.) (94 Law); and
WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the proposed
assessment have petitioned the Council to form the SFPTMD; and
WHEREAS, included with the petitions was a Management District Plan (Plan) summary that
describes the proposed assessment to be levied on lodging businesses to pay for sales and marketing, and
other improvements and activities set forth in the Plan; and
WHEREAS, the assessed lodging businesses within the SFPTMD will receive a specific benefit from
the activities and improvements set forth in the Plan; and
WHEREAS, on May 15, 2023, at a duly -notice public meeting, the Council adopted a Resolution of
Intention, Resolution No. 049-2023, setting the time and place for a public hearing to consider formation of
the SFPTMD; and
WHEREAS, the public meeting and public hearing to consider the formation of the SFPTMD have
been properly noticed in accordance with Streets and Highways Code §36623; and
WHEREAS, on June 20, 2023, at 7:00 PM at Burlingame City Hall, 501 Primrose Road, Burlingame,
CA 94010, the Council held a public hearing regarding the formation of the SFPTMD, held the first reading
of this Ordinance to form the SFPTMD and implement the levy of assessments, and the Council heard and
received objections and protests, if any, to the formation of the SFPTMD and the levy of the proposed
assessment; and
WHEREAS, on July 5, 2023 at 7:00 PM at the City Hall, 501 Primrose Road, Burlingame, CA 94010,
the Council held a public hearing regarding the formation of the SFPTMD and the Council heard and
received all objections and protests, if any, to the formation of the SFPTMD and the levy of the proposed
assessment; and
WHEREAS, on July 5, 2023, following the receipt of all objections and protests and the adoption of
the Resolution of Formation, Resolution No. a second reading of this Ordinance to form the
SFPTMD and levy the assessments was heard; and
WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is
defined as written protests received from owners of lodging businesses in the formed SFPTMD which would
pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on
the assessment proposed to be levied on each lodging business; and
WHEREAS, pursuant to the Taxpayer Protection and Government Accountability Act (TPGAA), an
initiative certified eligible for qualification for the November 5, 2024, general election ballot, the proposed
assessment is an exempt charge as the SFPTMD is a tourism marketing district formed under the provisions
of the Property and Business Improvement District Law of 1994, as set forth in the Streets and Highways
Code §36600, et seq.; and
WHEREAS, the amount of the proposed assessment for the entire SFPTMD will total approximately
$10,895,479 in the first year. Pursuant to the TPGAA, the City has found the proposed assessment amount
is reasonable given the scope of services to be provided and shall not exceed the actual cost of providing
the SFPTMD services to the payors;
WHEREAS, adoption of this Ordinance does not diminish the legal effect of the adoption of the
Resolution of Formation; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Establishing Chapter. 6.55, "San Francisco Peninsula Tourism Marketing District," of Title 6 of
the Burlingame Municipal Code. Chapter 6.55, "San Francisco Peninsula Tourism Marketing District," of
Title 6 of the Burlingame City Code is hereby established to read as follows:
6.55. 010. Establishment.
The City of Burlingame hereby establishes the San Francisco Peninsula Tourism Marketing
District (SFPTMD), for a five (5) year life, beginning October 1, 2023, or as soon as possible
thereafter, and end five (5) years from its start date, under the provisions of the Property and
Business Improvement District Law of 1994, as set forth in the Streets and Highways Code of
the state, Section 36600 et seq.
6.55.020. Management District Plan.
The Management District Plan (Plan) dated January 23, 2023, incorporated herein, is hereby adopted
and approved.
6.55.030. Activities and Improvements; Findings.
The activities to be provided to benefit lodging businesses in the SFPTMD will be funded by the
levy of the assessment. The revenue from the assessment levy shall not be used: to provide
activities that directly benefit businesses outside the SFPTMD; to provide activities or
improvements outside the SFPTMD; or for any purpose other than the purposes specified in this
Ordinance, the Resolution of Intention, the Resolution of Formation, and the Plan.
Notwithstanding the foregoing, improvements and activities that must be provided outside the
SFPTMD boundaries to create a specific benefit to the assessed lodging businesses may be
provided, but shall be limited to marketing or signage pointing to the SFPTMD.
1. The City Council finds as follows:
a. The activities funded by the assessment will provide a specific benefit to assessed lodging
businesses within the SFPTMD that is not provided to those not paying the assessment.
b. The assessment is a charge imposed for a specific benefit conferred or privilege granted
directly to the payor that is not provided to those not charged, and which does not exceed
the reasonable costs to the local government of conferring the benefit or granting the
privilege.
c. The assessment is a charge imposed for a specific government service or product provided
directly to the payor that is not provided to those not charged, and which does not exceed
the reasonable costs to the local government of providing the service or product.
d. Assessments imposed pursuant to the SFPTMD are levied solely upon the assessed lodging
business, and the lodging business owner is solely responsible for payment of the
assessment when due. If the owner chooses to collect any portion of the assessment from a
transient or customer, that portion shall be specifically called out and identified for the
transient or customer in any and all communications from the business owner as the
"SFPTMD Assessment" or "Tourism Assessment" as specified in the Plan.
2. The assessments levied for the SFPTMD shall be applied toward sales and marketing programs,
and other improvements and activities as set forth in the Plan.
3. Assessments levied on lodging businesses pursuant to this Ordinance shall be levied on the
basis of benefit. Because the services provided are intended to increase room rentals, an
assessment based on gross short term sleeping room rental revenue is the best measure of
benefit.
6.55. 040. Reserved.
6.55.050. Bonds.
Bonds shall not be issued to fund the SFPTMD.
6.55.060. Boundaries.
The established SFPTMD includes all lodging businesses, existing and in the future, located
within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City,
Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San
Mateo, South San Francisco, and the unincorporated area of San Mateo County, as described
in the Plan.
6.55.070. Assessments.
The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping
room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting
space, and 0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on
the benefit received, assessments will not be collected on stays of more than thirty (30)
consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement
between a hotel and an airline, which is in furtherance of or to facilitate such crews' performance
of their jobs for the airline, including layovers between flights; employees of the state or federal
government if room charges are paid directly by their employing agency and copies of official
travel orders are submitted as applicable; and any properly credentialed officer or employee of a
foreign government who is exempt by reason of express provision of federal law or international
treaty.
The assessments shall be used for the purposes set forth herein and any funds remaining at the
end of any year may be used in subsequent years in which the SFPTMD assessment is levied
as long as they are used consistent with the requirements set forth herein.
6.55.080. Collections.
The City of Burlingame shall be responsible for collecting the assessments on a monthly basis
(including any delinquencies, penalties and interest) from each lodging business located in the
boundaries of the SFPTMD. The City shall take all reasonable efforts to collect the assessments
from each lodging business.
6.55.090. Owners' Association.
The Council through adoption of this Ordinance and the Plan, has the right pursuant to Streets
and Highways Code §36651, to identify the body that shall implement the proposed program,
which shall be the Owners' Association of the SFPTMD as defined in Streets and Highways Code
§36612. The City Council has determined that SFP shall be the SFPTMD Owners' Association.
Pursuant to the Plan, SFP shall create a SFPTMD Committee tasked with determining how
SFPTMD funds are spent, within the designated programs in the Plan, subject to final approval
by the SFP Board. The SFPTMD Committee shall include lodging business owners or
representatives paying the SFPTMD assessment. Passage of this Ordinance authorizes the City
Council to contract with SFP to administer the SFPTMD.
6.55.100. Annual Report.
The San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco
Peninsula (SFP), pursuant to Streets and Highways Code §36650, shall cause to be prepared a
report for each fiscal year, except the first year, for which assessments are to be levied and
collected to pay the costs of the improvement and activities described in the report. The first
report shall be due after the first year of operation of the SFPTMD.
6.55.110. Amendments to Enabling Legislation.
The SFPTMD formed pursuant to this Ordinance shall be subject to any amendments to the
Property and Business Improvement District Law of 1994 (California Streets and Highways Code
§36600 et. seq.).
Section 2. Severability. If any section, subsection, sentence, clause or phrase or word of this Ordinance is
for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City
of Burlingame declares that it would have passed and adopted this Ordinance and each and all provisions
irrespective of the fact that any one or more of said provisions may be declared invalid or unconstitutional
without regard to any such decision or preemptive legislation.
Section 3. CEQA Determination. The City Council finds and determines this Ordinance is not a project
within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in
physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to
be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the
environment.
Section 4. Effective Date. This Ordinance of the City of Burlingame shall be effective thirty (30) days after
its passage, this Ordinance or a summary thereof, as provided in Government Code Section 36933, shall
be published at least once in a newspaper of general circulation published and circulated in the City of
Burlingame, along with the names of the Council voting for and against its passage.
Section 5. Publication. The City Clerk is directed to publish this Ordinance in a manner as required by law.
Section 6. Codification. Section 1 of this Ordinance shall be codified in the Burlingame Municipal Code.
Sections 2, 3, 4, 5, and 6 shall not be so codified.
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance
was introduced at a regular meeting of the City Council held on 201" day of June 2023, and adopted
thereafter at a regular meeting of the City Council held on the day of by
the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
Meaghan Hassel - Shearer, City Clerk
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January 23, 2023
Table of Contents
I.
OVERVIEW.............................................................................................................................................. 3
II.
BACKGROUND....................................................................................................................................... 5
III.
BOUNDARY.............................................................................................................................................6
IV.
ASSESSMENT BUDGET AND SERVICES............................................................................................ 7
A.
ANNUAL SERVICE PLAN...................................................................................................................................7
B.
ANNUAL BUDGET............................................................................................................................................9
C.
CALIFORNIA CONSTITUTIONAL COMPLIANCE..................................................................................................9
D.
ASSESSMENT..................................................................................................................................................11
E.
PENALTIES AND INTEREST............................................................................................................................. 12
F.
TIME AND MANNER FOR COLLECTING ASSESSMENTS.................................................................................... 13
V.
GOVERNANCE..................................................................................................................................... 14
A.
OWNERS' ASSOCIATION................................................................................................................................. 14
B.
BROWN ACT AND CALIFORNIA PUBLIC RECORDS ACT COMPLIANCE............................................................. 14
C.
ANNUAL REPORT........................................................................................................................................... 14
APPENDIX1- LAW........................................................................................................................................ 15
APPENDIX 2 - ASSESSED BUSINESSES..................................................................................................... 26
APPENDIX 3 - BENEFITS BY BUSINESS CATEGORY............................................................................. 31
APPENDIX 4 - SMG CONSULTING ANALYSIS.......................................................................................... 33
TWF
RAN FRANf:ISrA
Peninsula
Prepared by
Civitas
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CIVITAS
PARTNERSHIPS • PROGRESS • VROSPEPITV
(800)999-7781
www.civitasadvisors.com
I. OVERVIEW
Developed by the San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San
Francisco Peninsula (SFP) and San Mateo County lodging businesses, the San Francisco Peninsula
Tourism Marketing District (SFPTMD) is an assessment district proposed to provide specific benefits
to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach
has been used successfully in other destination areas throughout the country to provide the benefit of
additional room night sales directly to payors. In 2001, the San Mateo County Tourism Business
Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement
Area Law of 1989 (89 Law). This effort seeks to modernize the SMCTBID by disestablishing the 89
Law District and forming a new District, the SFPTMD, pursuant to the Property and Business
Improvement District Law of 1994 (94 Law).
Location: The SFPTMD includes all lodging businesses, existing and in the future, located within
the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster
City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San
Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo
County, as shown on the map in Section III.
Services: The SFPTMD is designed to provide specific benefits directly to payors by increasing
awareness and demand for room night sales, meetings, and conventions. Sales and
marketing programs will increase demand for overnight tourism and market payors as
tourist, meeting and event destinations, thereby increasing demand for room night
sales, meetings, and conventions.
Budget: The total SFPTMD annual assessment budget for the initial year of its five (5) year
operation is anticipated to be approximately $10,895,479. A similar budget is expected
to apply to subsequent years, but this budget is expected to fluctuate as room sales do.
Cost. The annual assessment rate is one- and one-half percent (1.51/o) of gross short-term
sleeping room rental revenue for lodging businesses with 5,000 square feet or more of
dedicated meeting space, and 0.75% for all other lodging businesses within the
SFPTMD's boundaries. Based on the benefit received, assessments will not be
collected on stays of more than thirty (30) consecutive days; stays provided to airline
cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline,
which is in furtherance of or to facilitate such crews' performance of their jobs for the
airline, including layovers between flights; employees of the state or federal
government if room charges are paid directly by their employing agency and copies of
official travel orders are submitted as applicable; and any properly credentialed officer
or employee of a foreign government who is exempt by reason of express provision
of federal law or international treaty.
Collection: The City of Burlingame shall be responsible for collecting the assessments on a
monthly basis (including any delinquencies, penalties and interest) from each lodging
business located in the boundaries of the SFPTMD. The City shall take all reasonable
efforts to collect the assessments from each lodging business.
SFPTMD Management District Plan
January 23, 2023
Duration: The SFPTMD will have a five (5) year life, beginning October 1, 2023, or as soon as
possible thereafter, and ending five (5) years from its start date. After five (5) years,
the SFPTMD may be renewed pursuant to the 94 Law if business owners support
continuing the SFPTMD programs. Once per year, beginning on the anniversary of
SFPTMD formation, there is a thirty (30) day period in which owners paying fifty
percent (501/6) or more of the assessment may protest and initiate a hearing on
SFPTMD termination.
Management: The San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San
Francisco Peninsula (SFP) shall serve as the SFPTMD's Owners' Association. The
Owners' Association is charged with managing funds and implementing programs in
accordance with this Plan, and must provide annual reports to the Burlingame City
Council.
The SFP shall create a SFPTMD Committee tasked with determining how SFPTMD
funds are spent, within the designated programs in this Plan, subject to final approval
by the SFP Board. The SFPTMD Committee shall include lodging business owners or
representatives paying the SFPTMD assessment.
SFPTMD Management District Plan
January 23, 2023
II. BACKGROUND
TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed
in West Hollywood, California in 1989. Since then, over 100 California destinations have followed
suit. In recent years, other states have begun adopting the California model — Massachusetts,
Montana, South Dakota, Washington, Colorado, Texas and Louisiana have
adopted TMD laws. Several other states are in the process of adopting their own legislation. The
cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law
to form a TMD. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their
home rule powers to create TMDs without a state law.
California's TMDs collectively
Number of Districts Operating in California raise over $300 million annually
120 109114 for local destination
9s 101 marketing. With competitors
100 raising their budgets, and
80 75 increasing rivalry for visitor
6i 64 dollars, it is important that San
60 46 Francisco Peninsula tourism
sa businesses invest in stable,
40 zs 29 3z commerce -specific marketing
19
o 1 2 0 06 12 W W I I 1 1 programs.
TMDs utilize the efficiencies
private rivate sector operation in
1 ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti v
�� the market -based promotion of
tourism districts. TMDs allow tourism business owners to organize their efforts to increase
commerce. Tourism business owners within the TMD pay an assessment and those funds are used
to provide services that increase commerce.
In California, most TMDs are formed pursuant to the Property and Business Improvement District
Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a
specific geographic area. The key difference between TMDs and other benefit assessment districts is that unds
raised are returned to the private non-pro�it corporation governing the district.
There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those
who pay;
• Funds cannot be diverted to general government programs;
• They are customized to fit the needs of payors in each destination;
• They allow for a wide range of services;
• They are designed, created andgoverned by those who will pay the assessment; and
• They provide a stable, long-term funding source for tourism promotion.
SFPTMD Management District Plan
January 23, 2023
III. BOUNDARY
The SFPTMD includes all lodging businesses, existing and in the future, located within the boundaries
of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo
Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and
the unincorporated area of San Mateo County, illustrated by the map below.
"Lodging business" means: any hotel, motel, inn, bed and breakfast, or other similar structure or
portion thereof that is rented for dwelling, lodging, or sleeping purposes on a transient basis. Tourist
home or house, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house,
dormitory, public or private club, mobile home or house trailer at a fixed location, are not included in
the definition of "lodging business."
The boundary is shown on the map below. A list of lodging businesses proposed to be assessed in the
SFPTMD can be found in Appendix 2.
t
._._._._ ............. SF Peninsula TMD
BRISBANE
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SOUTH SAN FRANCISCO
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SFPTMD Management District Plan
January 23, 2023
IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to
the payors that are not provided to those not charged, and which do not exceed the reasonable cost
to the City of conferring the benefits or granting the privileges. The privileges and services provided
with the SFPTMD funds are sales and marketing programs available only to assessed businesses.
A service plan assessment budget has been developed to deliver services that benefit the assessed
businesses. A detailed annual assessment budget will be developed and approved by the SFP. The
table below illustrates the initial annual assessment budget allocations. These activities and allocations
will also apply in subsequent years. The total initial assessment budget is $10,895,479.
Initial Annual Assessment Budget:
$10,895,479
Sales, Marketing, 8
Advocacy,
$9,805,931 , 90%
Administration &
Operations,
638.8%
Contingency/Reserve,
$108,955 , 1%
;ollection Fee,
08,955 , 1%
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the
budget shall remain the same. However, the City and the SFP board shall have the authority to adjust
budget allocations between the categories by no more than twenty (20%) of the total budget per year.
A description of the proposed improvements and activities for the initial year of operation is below.
The same activities are proposed for subsequent years. In the event of a legal challenge against the
SFPTMD, any and all assessment funds may be used for the costs of defending the SFPTMD. In the
first year of operation, the costs of creating the SFPTMD may be repaid by deducting repayment
funds proportionally from budget categories.
Each budget category includes all costs related to providing that service. For example, the sales and
marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales
and marketing program. Staff time dedicated purely to administrative tasks is allocated to the
administrative portion of the budget. The costs of an individual staff member may be allocated to
multiple budget categories. The staffing levels necessary to provide the services below will be
determined by the SFP Board on an as- needed basis.
SFPTMD Management District Plan
January 23, 2023
Sales, Marketing, & Advocacy
A sales and marketing program will promote assessed businesses as tourist, meeting, and event
destinations. The sales and marketing program will have a central theme of promoting San Francisco
Peninsula as a desirable place for overnight visits. The program will have the goal of increasing
overnight visitation and room night sales at assessed businesses, and may include the following
activities:
• Funds to support group business to offset costs within the destination, thereby generating
room nights for assessed businesses;
• Payment of bid fees, incentives or other costs associated with bringing large scale events to
the destination that generate room nights for assessed businesses;
• Funds to support events and/or local partnerships that increase the public notoriety of the
destination as a tourist, meetings, or event destination — thereby increasing consumer demand
for assessed businesses;
• Support of public relation strategies that increase the profile of the destination as a tourist,
meetings, or event destination — thereby increasing consumer demand for assessed businesses;
• Strategic partnerships, sponsorships, or other alliances that reinforce the destination within
the travel marketplace and position the San Francisco Peninsula as a destination of choice for
meetings, events, and leisure travel to assessed businesses;
• Internet marketing efforts to increase awareness and optimize internet presence to drive
overnight visitation and room sales to assessed businesses;
• Print ads in magazines and newspapers, television ads, and radio ads targeted at potential
visitors to drive overnight visitation and room sales to assessed businesses;
• Attendance of trade shows to promote assessed businesses;
• Familiarization tours of the destination and assessed businesses;
• Preparation and production of collateral promotional materials such as brochures, flyers and
maps featuring assessed businesses;
• Attendance of professional industry conferences and affiliation events to promote assessed
businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses;
• Director of Sales and General Manager meetings to plan and coordinate tourism promotion
efforts for assessed businesses;
• Education of hospitality staff on service and safety (related to alcohol and food) designed to
create a visitor experience that will bring repeat visits to assessed businesses;
• Education of lodging business management and the Owners' Association on advocacy and
marketing strategies best suited to meet assessed businesses' needs; and
• Other activities that increase the profile and notoriety of The San Francisco Peninsula as an
overnight travel destination and promote greater room night sales for assessed businesses.
Administration & Operations
The administration and operations portion of the budget shall be utilized for administrative staffing
costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees.
Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there
are contingency funds collected, they may be held in a reserve fund or utilized for other program,
administration or renewal costs at the discretion of the SFP Board. Policies relating to contributions
to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve
SFPTMD Management District Plan
January 23, 2023
fund shall be set by the SFP Board. Contingency/reserve funds may be spent on SFPTMD programs
or administrative and renewal costs in such proportions as determined by the SFP Board. The reserve
fund may be used for the costs of renewing the SFPTMD.
City Collection Fee
As lead agency, the City of Burlingame shall retain a fee equal to one percent (1%) of the amount of
assessment collected or a flat fee of $60,000, whichever is greater each year, to cover their costs of
collection and administration.
B. Annual Budget
The total five (5) year improvement and service plan budget is projected at approximately $10,895,479
annually, or $64,132,237 through 2028. A similar budget is expected to apply to subsequent years, but
this budget is expected to fluctuate as room sales do.
The following chart has been prepared based on a five-year projection developed by SMG Consulting.
The full report can be found in Appendix 4.
Fiscal
Year
Sales,
Marketing,
& Advocacy
Administration
& Operations
Contingency
/ Reserve
City Collection
Fee
Total
2023-24
$9,805,931
$871,638
$108,955
$108,955
$10,895,479
2024-25
1 $10,612,716
$943,353
$117,919
$117,919
$11,791,907
2025-26
$11,437,986
$1,016,710
$127,089
$127,089
$12,708,873
2026-27
$12,422,508
$1,104,223
$138,028
$138,028
$13,802,787
2027-28
$13,439,872
$1,194,655
$149,332
$149,332
$14,933,191
Total
$57,719,013
$5,130,579
$641,322
$641,322
$64,132,237
C. California Constitutional Compliance
The SFPTMD assessment is not a property -based assessment subject to the requirements of
Proposition 218. Courts have found Proposition 218 limited the term `assessments' to levies on real
property.' Rather, the SFPTMD assessment is a business -based assessment, and is subject to
Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions.
Two of these exceptions apply to the SFPTMD, a "specific benefit" and a "specific government
service." Both require that the costs of benefits or services do not exceed the reasonable costs to the
City of conferring the benefits or providing the services.
1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, "a specific benefit conferred or
privilege granted directly to the payor that is not provided to those not charged, and which does not
exceed the reasonable costs to the local government of conferring the benefit or granting the
Jarvis v. the City of San Diego 72 Cal App. 4'h 230
SFPTMD Management District Plan
January 23, 2023
privileges' The services in this Plan are designed to provide targeted benefits directly to assessed
businesses, and are intended only to provide benefits and services directly to those businesses paying
the assessment. These services are tailored not to serve the general public, businesses in general, or
parcels of land, but rather to serve the specific businesses within the SFPTMD. The activities described
in this Plan are specifically targeted to increase demand for room night sales for assessed lodging
businesses within the boundaries of the SFPTMD, and are narrowly tailored. SFPTMD funds will be
used exclusively to provide the specific benefit of increased demand for room night sales directly to
the assessees. Assessment funds shall not be used to feature non -assessed lodging businesses in
SFPTMD programs, or to directly generate sales for non -assessed businesses. The activities paid for
from assessment revenues are business services constituting and providing specific benefits to the
assessed businesses. Nothing in this Plan limits the ability of the SFP Corporation to enter into private
contracts with non -assessed lodging businesses for the provision of services to those businesses.
The assessment imposed by this SFPTMD is for a specific benefit conferred directly to the payors
that is not provided to those not charged. The specific benefit conferred directly to the payors is an
increase in demand for room tight sales. The specific benefit of an increase in demand for room
night sales for assessed lodging businesses will be provided only to lodging businesses paying the
district assessment, with marketing and sales programs promoting lodging businesses paying the
SFPTMD assessment. The marketing and sales programs will be designed to increase room night sales
at each assessed lodging businesses. Because they are necessary to provide the marketing and sales
programs that specifically benefit the assessed lodging businesses, the administration and contingency
services also provide the specific benefit of increased demand for room night sales to the assessed
lodging businesses.
Although the SFPTMD, in providing specific benefits to payors, may produce incidental benefits to
non-paying businesses, the incidental benefit does not preclude the services from being considered a
specific benefit. The legislature has found that, "A specific benefit is not excluded from classification
as a `specific benefit' merely because an indirect benefit to a non-payor occurs incidentally and without
cost to the payor as a consequence of providing the specific benefit to the payor."'
2. Specific Government Service
The assessment may also be utilized to provide, "a specific government service or product provided
directly to the payor that is not provided to those not charged, and which does not exceed the
reasonable costs to the local government of providing the service or product."' The legislature has
recognized that marketing and promotions services like those to be provided by the SFPTMD are
government services within the meaning of Proposition 265. Further, the legislature has determined
that "a specific government service is not excluded from classification as a `specific government
service' merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the
payor as a consequence of providing the specific government service to the payor."'
3. Reasonable Cost
SFPTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of
such services. The full amount assessed will be used to provide the services described herein. Funds
will be managed by the SFP, and reports submitted on an annual basis to the City. Only assessed
'Cal. Const. artXIII C § 1(e)(1)
s Government Code § 53758(a)
° Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
SFPTMD Management District Plan
January 23, 2023
10
lodging businesses will be featured in marketing materials, receive sales leads generated from
SFPTMD-funded activities, be featured in advertising campaigns, and benefit from other SFPTMD-
funded services. Non -assessed lodging businesses will not receive these, nor any other, SFPTMD-
funded services and benefits.
The SFPTMD-funded programs are all targeted directly at and feature only assessed businesses. It is,
however, possible that there will be a spill -over benefit to non -assessed businesses. If non -assessed
lodging businesses receive incremental room nights, that portion of the promotion or program
generating those room nights shall be paid with non-SFPTMD funds. SFPTMD funds shall only be
spent to benefit the assessed businesses, and shall not be spent on that portion of any program which
directly generates incidental room nights for non -assessed businesses.
D. Assessment
The annual assessment rate is one- and one-half percent (1.51/6) of gross short-term sleeping room
rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and
0.75% for all other lodging businesses within the SFPTMD's boundaries. Based on the benefit
received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays
provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an
airline, which is in furtherance of or to facilitate such crews' performance of their jobs for the airline,
including layovers between flights; employees of the state or federal government if room charges are
paid directly by their employing agency and copies of official travel orders are submitted as applicable;
and any properly credentialed officer or employee of a foreign government who is exempt by reason
of express provision of federal law or international treaty.
The services provided in the SFPTMD are all targeted to benefit payors, however, not all programs
benefit payors equally. The determination of the assessment rates of one- and one-half percent (1.50/0)
of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or
more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD's
boundaries, was calculated based on benefit received by payors. SMG Consulting was engaged to
conduct a Hotel Revenue Proportionality Estimate analysis to quantify the estimated benefit the
lodging business types will receive from SFPTMD services. By analyzing the projected number of
rooms sold and the total amount of revenue estimated to be generated from sales and marketing
programs, SMG Consulting found that properties with 5,000 square feet or more of dedicated meeting
space will receive approximately double the amount of benefit to all other lodging businesses. The
SFPTMD Sales, Marketing, and Advocacy program included in the budget has services that are
intended to drive convention and meetings to the SFPTMD. Since lodging businesses with 5,000
square feet or more of dedicated meeting space are uniquely suited to accommodate large conventions
and will benefit from overnight stays as a result of SFPTMD services intended to bring such business
activity to the SFPTMD, they are assessed at a higher rate than other lodging businesses in the
SFPTMD.
The term "dedicated meeting space" as used herein means: a permanent room or space whose primary
use is dedicated for group and social meetings, meals, and/or functions. The space has been designed
for and is marketed and sold as group or event function space.
The term "gross sleeping room rental revenue" as used herein means: the consideration charged,
whether or not received, for the occupancy of space in a lodging business valued in money, whether
to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property
and services of any kind or nature, without any deduction therefrom whatsoever. Gross sleeping
room rental revenue shall not include any federal, state, or local taxes collected, including but not
SFPTMD Management District Plan 11
January 23, 2023
limited to transient occupancy taxes. Based on the benefit received, assessments will not be collected
on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews
pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate
such crews' performance of their jobs for the airline, including layovers between flights; employees of
the state or federal government if room charges are paid directly by their employing agency and copies
of official travel orders are submitted as applicable; and any properly credentialed officer or
employee of a foreign government who is exempt by reason of express provision of federal law or
international treaty.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the
assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of
assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the
amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for
payment from the business. If the SFPTMD assessment is identified separately it shall be disclosed
as the "SFPTMD Assessment." As an alternative, the disclosure may include the amount of the
SFPTMD assessment and the amount of the assessment imposed pursuant to the California Tourism
Marketing Act, Government Code §13995 et seq. and shall be disclosed as the "Tourism Assessment."
The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business
even if it is passed on to transients. The assessment shall not be considered revenue for any purpose,
including calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Penalties and Interest
The SFPTMD shall reimburse the City of Burlingame for any costs associated with collecting unpaid
assessments. If sums in excess of the delinquent SFPTMD assessment are sought to be recovered in
the same collection action by the City, the SFPTMD shall bear its pro rata share of such collection
costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for
paying:
1. Original Delinquency: Any lodging business that fails to remit any assessment imposed within
the time required shall pay a penalty of five percent (59/o) of the amount of the assessment in
addition to the amount of the assessment.
2. Continued Delinquency: Any lodging business that fails to remit any delinquent remittance on or
before a period of fifteen (15) days following the date on which the remittance first became
delinquent shall pay a second delinquency penalty of five percent (5%) of the amount of the
assessment in addition to the amount of the assessment and the five percent (5%) penalty first
imposed. An additional penalty of five percent (5%) shall be paid for each fifteen (15) days
thereafter which the remittance is delinquent.
3. Fraud: If the City determines that the nonpayment of any remittance due under this chapter is
due to fraud, a penalty of twenty-five percent (251/6) of the amount of the assessment shall be
added thereto in addition to the penalties stated in subsections (1) and (2) of this section.
4. Interest In addition to the penalties imposed, any lodging business that fails to remit any
assessment imposed shall pay interest at the rate of one percent (11/'o) per month or fraction
thereof on the amount of the assessment, exclusive of penalties, from the date on which the
remittance first became delinquent until paid.
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January 23, 2023
F. Time and Manner for Collecting Assessments
The SFPTMD assessment will be implemented beginning October 1, 2023, or as soon as possible
thereafter, and ending five (5) years from its start date. The City of Burlingame shall be responsible for
collecting the assessment on a monthly basis, (including any delinquencies, penalties and interest) from
each lodging business located in the boundaries of the SFPTMD. The City shall take all reasonable
efforts to collect the assessments from each lodging business. The City shall forward the assessments
collected to the Owners' Association.
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January 23, 2023
V. GOVERNANCE
A. Owners' Association
The Burlingame City Council, through adoption of this Management District Plan, has the right,
pursuant to Streets and Highways Code §36651, to identify the body that shall implement the
proposed program, which shall be the Owners' Association of the SFPTMD as defined in Streets and
Highways Code §36612. The San Francisco Peninsula (SFP) will serve as the SFPTMD's Owners'
Association. The Owners' Association is charged with managing funds and implementing programs
in accordance with the Management District Plan, and must provide annual reports to Burlingame
City Council.
The SFP shall create a SFPTMD Committee tasked with determining how SFPTMD funds are spent,
within the designated programs in this Plan, subject to final approval by the SFP Board. The SFPTMD
Committee shall include lodging business owners or representatives paying the SFPTMD assessment.
B. Brown Act and California Public Records Act Compliance
An Owners' Association is a private entity and may not be considered a public entity for any purpose,
nor may its board members or staff be considered to be public officials for any purpose. The Owners'
Association is, however, subject to government regulations relating to transparency, namely the Ralph
M. Brown Act and the California Public Records Act. These regulations are designed to promote
public accountability. The Owners' Association acts as a legislative body under the Ralph M. Brown
Act (Government Code §54950 et seq.). Thus, meetings of the SFP board and certain committees
must be held in compliance with the public notice and other requirements of the Brown Act. The
Owners' Association is also subject to the record keeping and disclosure requirements of the California
Public Records Act. Accordingly, the Owners' Association shall publicly report any action taken and
the vote or abstention on that action of each member present for the action.
C. Annual Report
The SFP shall present an annual report at the end of each year of operation to the City Council
pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones
or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year.
• An estimate of the cost of providing the improvements and the activities for that fiscal year.
• The method and basis of levying the assessment in sufficient detail to allow each business
owner to estimate the amount of the assessment to be levied against his or her business for
that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous
fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments
levied pursuant to this part.
SFPTMD Management District Plan 14
January 23, 2023
APPENDIX I - LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2022 SUPPLEMENT ***
(ALL 2021 LEGISLATION
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994
CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994."
36601. Legislative findings and declarations; Legislative guidance
The Legislature finds and declares all of the following.
(a) Businesses located and operating within business districts in some of this state's communities are economically
disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and
activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business
districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts.
(c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance,
and activities through the levy of assessments upon the businesses or real property that receive benefits from
those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit
upon the businesses in a business district are not taxes for the general benefit of a city, even if property,
businesses, or persons not assessed receive incidental or collateral effects that benefit them.
(e) Property and business improvement districts formed throughout this state have conferred special benefits
upon properties and businesses within their districts and have made those properties and businesses more useful
by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the
incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30
districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(i) With the dissolution of redevelopment agencies throughout the state, property and business improvement
districts have become even more important tools with which communities can combat blight, promote economic
opportunities, and create a clean and safe environment.
(g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article
XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and
activities, expenditures, and assessments by property -based districts. Article XIII D of the Constitution provides
that property -based districts may only levy assessments for special benefits.
(h) The act amending this section is intended to provide the Legislature's guidance with regard to this act, its
interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits
in property -based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act,
which discourages the use of assessments to fund needed improvements, maintenance, and activities in
property -based districts, contributing to blight and other underutilization of property.
(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed
inherently produce incidental or collateral effects that benefit property or persons not assessed.
Therefore, for special benefits to exist as a separate and distinct category from general benefits, the
incidental or collateral effects of those special benefits are inherently part of those special benefits. The
SFPTMD Management District Plan 15
January 23, 2023
mere fact that special benefits produce incidental or collateral effects that benefit property or persons
not assessed does not convert any portion of those special benefits or their incidental or collateral effects
into general benefits.
(3) It is of the utmost importance that property -based districts created under this act have clarity
regarding restrictions on assessments they may levy and the proper determination of special benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with
legislative intent regarding restrictions on property -based assessments, and the manner in which special
benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments
within property and business improvement districts, to ensure that those assessments conform to all constitutional
requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not
affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the
raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments
Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different
method of levying assessments for similar or additional purposes from those set forth in this part. A property and business
improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to
districts created under this part.
36604.Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain
in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. "Activities"
"Activities" means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment.
(e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services
supplemental to those normally provided by the municipality.
(f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific
benefits upon assessed businesses located in the district.
36606.5. "Assessment"
"Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and
providing activities that will provide certain benefits to properties or businesses located within a property and business
improvement district.
36607. "Business"
"Business" means all types of businesses and includes financial institutions and professions.
36608. "City"
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"City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only
cities, counties, or a city and county, or the State of California.
36609. "City council"
"City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or
board created pursuant to a joint powers agreement and which is a city within the meaning of this part.
36609.4. "Clerk"
"Clerk" means the clerk of the legislative body.
36609.5. "General benefit"
"General benefit" means, for purposes of a property -based district, any benefit that is not a "special benefit" as defined
in Section 36615.5.
36610. "Improvement"
"Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an
estimated useful life of five years or more including, but not limited to, the following.
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs.
(c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets.
0) Facilities or equipment, or both, to enhance security of persons and property within the district.
(k) Ramps, sidewalks, plazas, and pedestrian malls.
0) Rehabilitation or removal of existing structures.
36611. "Management district plan"; "Plan"
"Management district plan" or "plan" means a proposal as defined in Section 36622.
36612. "Owners' association"
"Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement
improvements, maintenance, and activities specified in the management district plan. An owners' association may be an
existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be
considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any
purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters
within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities
of the district.
36614. "Property"
"Property" means real property situated within a district.
36614.5. "Property and business improvement district"; "District"
"Property and business improvement district," or "district," means a property and business improvement district
established pursuant to this part.
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January 23, 2023
36614.6. "Property -based assessment"
"Property -based assessment" means any assessment made pursuant to this part upon real property
36614.7. "Property -based district"
"Property -based district" means any district in which a city levies a property -based assessment.
36615. "Property owner"; "Business owner"; "Owner"
"Property owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known
to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of
the business. "Owner" means either a business owner or a property owner. The city council has no obligation to obtain
other information as to the ownership of land or businesses, and its determination of ownership shall be final and
conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of
the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business
owner, the signature of the authorized agent of the business owner shall be sufficient.
36615.5. "Special benefit'
"Special benefit" means, for purposes of a property -based district, a particular and distinct benefit over and above general
benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or
collateral effects that arise from the improvements, maintenance, or activities of property -based districts even if those
incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of
property value.
36616. "Tenant'
"Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions
This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall
not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or
the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business
Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is
unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district
A property and business improvement district may be established as provided in this chapter.
36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that
city. A city may not form a district within the unincorporated territory of a county without the consent of the board of
supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the
consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district
(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district
who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate
proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The
amount of assessment attributable to property or a business owned by the same property or business owner that
is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in
SFPTMD Management District Plan 18
January 23, 2023
determining whether the petition is signed by property or business owners who will pay more than 50 percent of
the total amount of assessments proposed to be levied.
(b) The petition of property or business owners required under subdivision (a) shall include a summary of the
management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained.
(3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the
proposed assessment, a statement as to whether the assessment will be levied on property or businesses
within the district, a statement as to whether bonds will be issued, and a description of the exterior
boundaries of the proposed district, which may be made by reference to any plan or map that is on file
with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they
enable an owner to generally identify the nature and extent of the improvements, maintenance, and
activities, and the location and extent of the proposed district.
(2) A time and place for a public hearing on the establishment of the property and business
improvement district and the levy of assessments, which shall be consistent with the requirements of
Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of
property and, if businesses are to be assessed, each business within the district. If the assessment will be levied
on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to
reasonably detemune whether a business is located within the district boundaries. If the assessment will be levied
on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow
a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for
establishment or extension in a manner sufficient to identify the affected property and businesses included, which
may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property
assessment district shall not overlap with the boundaries of another existing property assessment district created
pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to
overlap with other assessment districts established pursuant to other provisions of law, including, but not limited
to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This
part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap
with another business assessment district created pursuant to this part. This part does not prohibit the boundaries
of a business assessment district created pursuant to this part to overlap with a property assessment district
created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the
maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are
the same, a description of the first year's proposed improvements, maintenance, and activities and a statement
that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the
requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt
service in each year of operation of the district. If the assessment is levied on businesses, this amount may be
estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of
operation of the district is not significantly different, the amount proposed to be expended in the initial year and
a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f The proposed source or sources of financing, including the proposed method and basis of levying the
assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment
to be levied against his or her property or business. The plan also shall state whether bonds will be issued to
finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of
years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these
limitations, a district created pursuant to this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management district plan may set forth specific
increases in assessments for each year of operation of the district.
SFPTMD Management District Plan 19
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(i) The proposed time for implementation and completion of the management district plan.
0) Any proposed rules and regulations to be applicable to the district.
(k)
(1) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for
properties to be assessed, and a statement of the method or methods by which the expenses of a district
will be imposed upon benefited real property or businesses, in proportion to the benefit received by the
property or business, to defray the cost thereof.
(2) In a property -based district, the proportionate special benefit derived by each identified parcel shall
be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the
maintenance and operation expenses of a public improvement, or the cost of the activities. An
assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional
special benefit conferred on that parcel. Only special benefits are assessable, and a property -based
district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels
within a property -based district that are owned or used by any city, public agency, the State of California,
or the United States shall not be exempt from assessment unless the governmental entity can
demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no
special benefit. The value of any incidental, secondary, or collateral effects that arise from the
improvements, maintenance, or activities of a property -based district and that benefit property or
persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect
the proportionate special benefit derived by each identified parcel.
(1) In a property -based district, the total amount of all special benefits to be conferred upon the properties located
within the property -based district.
(m) In a property -based district, the total amount of general benefits, if any.
(n) In a property -based district, a detailed engineer's report prepared by a registered professional engineer certified
by the State of California supporting all assessments contemplated by the management district plan.
(o) Any other item or matter required to be incorporated therein by the city council.
36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing
procedure shall comply with Section 53753 of the Government Code.
(b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing
procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the
owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested
person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The
city council may waive any irregularity in the form or content of any written protest. A written protest may be
withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain
a description of the business in which the person subscribing the protest is interested sufficient to identify the
business and, if a person subscribing is not shown on the official records of the city as the owner of the business,
the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the
business or the authorized representative. A written protest that does not comply with this section shall not be
counted in determining a majority protest. If written protests are received from the owners or authorized
representatives of businesses in the proposed district that will pay 50 percent or more of the assessments
proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no
further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of
intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city
council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment
and a new or increased business assessment, the notice and protest and hearing procedure for the property
assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business
assessment shall comply with subdivision (b). If a majority protest is received from either the property or business
owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment
may be levied unless the improvement or other special benefit was proposed to be funded by assessing both
property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or
modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the
SFPTMD Management District Plan 20
January 23, 2023
revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public
hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business
improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and
activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the
notice and map recorded pursuant to Section 36627.
36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business
improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited
to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the
proposed assessment, a statement as to whether the assessment will be levied on property, businesses,
or both within the district, a statement on whether bonds will be issued, and a description of the exterior
boundaries of the proposed district, which may be made by reference to any plan or map that is on file
with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable
an owner to generally identify the nature and extent of the improvements, maintenance, and activities
and the location and extent of the proposed district.
(2) The number, date of adoption, and title of the resolution of intention.
(3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy
assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established
by the resolution shall be subject to any amendments to this part.
(6) A statement that the improvements, maintenance, and activities to be conferred on businesses and
properties in the district will be funded by the levy of the assessments. The revenue from the levy of
assessments within a district shall not be used to provide improvements, maintenance, or activities
outside the district or for any purpose other than the purposes specified in the resolution of intention,
as modified by the city council at the hearing concerning establishment of the district. Notwithstanding
the foregoing, improvements and activities that must be provided outside the district boundaries to
create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be
limited to marketing or signage pointing to the district.
(7) A finding that the property or businesses within the area of the property and business improvement
district will be benefited by the improvements, maintenance, and activities funded by the proposed
assessments, and, for a property -based district, that property within the district will receive a special
benefit.
(8) In a property -based district, the total amount of all special benefits to be conferred on the properties
within the property -based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to
Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management
district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk
shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5
(commencing with Section 3100) applies to an assessment district created pursuant to this part.
36628. Establishment of separate benefit zones within district; Categories of businesses
The city council may establish one or more separate benefit zones within the district based upon the degree of benefit
derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment
within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of
businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided
within the district and may impose a different assessment or rate of assessment on each category of business, or on each
category of business within each zone.
36628.5. Assessments on businesses or property owners
SFPTMD Management District Plan 21
January 23, 2023
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this
part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution
of benefits from the proposed improvements, maintenance, and activities, provided that any property -based assessment
conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.
36629. Provisions and procedures applicable to benefit zones and business categories
All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business
improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of
business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the
procedure to establish, modify, or disestablish a property and business improvement district.
36630. Expiration of district; Creation of new district
If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section
36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments
The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the
city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same
time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties
for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and
penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion
of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated
benefit to the real property within the property and business improvement district. The city council may classify
properties for purposes of determining the benefit to property of the improvements and activities provided
pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to
the businesses within the property and business improvement district. The city council may classify businesses
for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant
to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed
not to benefit from the improvements and service funded through these assessments, and shall not be subject to
any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or
proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625.
An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services
The city council may execute baseline service contracts that would establish levels of city services that would continue
after a property and business improvement district has been formed.
36635. Request to modify management district plan
The owners' association may, at any time, request that the city council modify the management district plan. Any
modification of the management district plan shall be made pursuant to this chapter.
36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention
SFPTMD Management District Plan 22
January 23, 2023
(a) Upon the written request of the owners' association, the city council may modify the management district
plan after conducting one public hearing on the proposed modifications. The city council may modify the
improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting
a resolution determining to make the modifications after holding a public hearing on the proposed modifications.
If the modification includes the levy of a new or increased assessment, the city council shall comply with Section
36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once
at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days
before the public hearing, to each business owner or property owner affected by the proposed
modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the
public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption
of the resolution of intention.
36637. Reflection of modification in notices recorded and maps
Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to
Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments
(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated
cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to
Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds,
under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with
Marks -Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division
7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to
the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as
necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements
specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those
improvements, specify the number of annual installments and the fiscal years during which they are to be
collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to
be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any
bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely
retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners' association; Approval or modification by city council
(a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which
assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities
described in the report. The owners' association's first report shall be due after the first year of operation of the
district. The report may propose changes, including, but not limited to, the boundaries of the property and
business improvement district or any benefit zones within the district, the basis and method of levying the
assessments, and any changes in the classification of property, including any categories of business, if a
classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by
name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of
the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in
any benefit zones or classification of property or businesses within the district.
(2) The improvements, maintenance, and activities to be provided for that fiscal year.
SFPTMD Management District Plan 23
January 23, 2023
(3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal
year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or
business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her
property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal
year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied
pursuant to this part.
(c) The city council may approve the report as filed by the owners' association or may modify any particular
contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635
and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an
authorized or executed contract to be paid from the revenues derived from the levy of assessments, including
any commitment to pay principal and interest on any bonds issued on behalf of the district.
36651. Designation of owners' association to provide improvements, maintenance, and activities
The management district plan may, but is not required to, state that an owners' association will provide the improvements,
maintenance, and activities described in the management district plan. If the management district plan designates an
owners' association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit
(a) Any district previously established whose term has expired, or will expire, may be renewed by following the
procedures for establishment as provided in this chapter.
(b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from
the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district
includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent
to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or
businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to
the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds,
until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments,
improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure
(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness,
outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by
resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law
in connection with the management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees may
request disestablishment of the district. The first such period shall begin one year after the date of
establishment of the district and shall continue for 30 days. The next such 30-day period shall begin
two years after the date of the establishment of the district. Each successive year of operation of the
district shall have such a 30-day period. Upon the written petition of the owners or authorized
representatives of real property or the owners or authorized representatives of businesses in the district
who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of
intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing
required by this section. The resolution shall state the reason for the disestablishment, shall state the time and
place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of
the assessments levied within the property and business improvement district. The notice of the hearing on
disestablishment required by this section shall be given by mail to the property owner of each parcel or to the
SFPTMD Management District Plan 24
January 23, 2023
owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public
hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall
be held not more than 60 days after the adoption of the resolution of intention.
36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district;
Calculation of refund; Use of outstanding revenue collected after disestablishment of district
(a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all
outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with
the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or
businesses then located and operating within the district in which assessments were levied by applying the same
method and basis that was used to calculate the assessments levied in the fiscal year in which the district is
disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on
improvements and activities specified in the management district plan.
(b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that
was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the
amount of any refund.
SFPTMD Management District Plan 25
January 23, 2023
APPENDIX 2 - ASSESSED BUSINESSES
HOTEL NAME
SITE ADDRESS
CITY
ST
ZIP
AC HOTEL SAN FRANCISCO
AIRPORT/OYSTER POINT WATERFRONT
1333 Veterans Blvd
So. San
Francisco
CA
94080
AIRPORT INN
751 Airport Blvd
So. San
Francisco
CA
94080
ALL SEASONS LODGE
800 El Camino Real
So. San
Francisco
CA
94080
ALOFT SAN FRANCISCO AIRPORT
401 E. Millbrae Ave
Millbrae
CA
94030
AMERICANA INN MOTEL
760 El Camino Real
So. San
Francisco
CA
94080
AMERICAS BEST VALUE INN - PACIFICA
2160 Francisco Blvd
Pacifica
CA
94044
ANCHOR INN PACIFICA
500 San Pedro Ave
Pacifica
CA
94044
ARISTOCRAT HOTEL, BW SIGNATURE
COLLECTION
1410 Cabrillo Hwy S
Half Moon Bay
CA
94019
ATHERTON INN
1201 W Selby Lane
Redwood City
CA
94061
ATHERTON PARK INN & SUITES
2834 El Camino Real
Redwood City
CA
94061
BAY LANDING HOTEL
1550 Ba shore Hwy
Burlingame
CA
94010
BAYHILL INN
950 El Camino Real
San Bruno
CA
94066
BEACH HOUSE HOTEL
4100 Cabrillo Hwy N
Half Moon Bay
CA
94019
BELMONT PALMS
700 El Camino Real
Belmont
CA
94002
BEST WESTERN COYOTE POINT
480 N Ba shore Blvd
San Mateo
CA
94401
BEST WESTERN INN
316 El Camino Real
Redwood City
CA
94062
BEST WESTERN PLUS EXECUTIVE
SUITES
25 5th Ave
Redwood City
CA
94063
BEST WESTERN PLUS GROSVENOR
HOTEL
380 S Airport Blvd
So. San
Francisco
CA
94080
BUDGET INN
2526 El Camino Real
Redwood City
CA
94061
CANYON RANCH WELLNESS RETREAT
16350 Skyline Blvd
Woodside
CA
94062
CAPRI MOTEL
2380 El Camino Real
Redwood City
CA
94063
THE CATRINA HOTEL
2110 S El Camino Real
San Mateo
CA
94403
COMFORT INN & SUITES - SAN BRUNO
611 San Bruno Ave E
San Bruno
CA
94066
COMFORT INN & SUITES SFO NORTH
121 E. Grand Ave
So. San
Francisco
CA
94080
COSTANOA LODGE+CAMP+RESORT
2001 Rossi Rd
Pescadero
CA
94060
COUNTRY INN & SUITES BY RADISSON
251 El Camino Real
San Carlos
CA
94070
COURTYARD REDWOOD CITY
600 Bair Island Rd
Redwood City
CA
94063
COURTYARD SAN FRANCISCO AIRPORT
1050 Ba hill Dr
San Bruno
CA
94066
COURTYARD SAN MATED FOSTER CITY
550 Shell Blvd
Foster City
CA
94404
CROWNE PLAZA FOSTER CITY-SAN
MATEO
1221 Chess Dr
Foster City
CA
94404
CROWNE PLAZA S.F. AIRPORT
1177 Airport Blvd
Burlingame
CA
94010
CYPRESS INN ON MIRAMAR BEACH
407 Mirada Rd
Half Moon Bay
CA
94019
DAYS INN - REDWOOD CITY
2650 El Camino Real
Redwood City
CA
94061
DAYS INN S.F. AIRPORT -OYSTER POINT -
SSF
1113 Airport Blvd
So. San
Francisco
CA
94080
DELUXE INN - REDWOOD CITY
1402 Stafford St
Redwood City
CA
94062
SFPTMD Management District Plan 26
January 23, 2023
DELUXE INN - SSF
920 El Camino Real
So. San
Francisco
CA
94080
DOUBT ETREE BY HILTON S.F. AIRPORT
835 Airport Blvd
Burlingame
CA
94010
DOUBLETREE BY HILTON S.F. AIRPORT
NORTH
5000 Sierra Point
Parkway
Brisbane
CA
94005
DOUBLETREE BY HILTON SF / SOUTH
AIRPORT BLVD
275 S Airport Blvd
So. San
Francisco
CA
94080
THE DYLAN HOTEL AT SFO
110 S El Camino Real
Millbrae
CA
94030
EMBASSY SUITES S.F. AIRPORT SOUTH
SAN FRANCISCO
250 Gateway Blvd
So. San
Francisco
CA
94080
EMBASSY SUITES S.F. AIRPORT -
WATERFRONT
150 Anza Blvd
Burlingame
CA
94010
EXTENDED STAY AMERICA - BELMONT
120 Sem Lane
Belmont
CA
94002
EXTENDED STAY AMERICA - SAN
CARLOS
3 Circle Star Way
San Carlos
CA
94070
EXTENDED STAY AMERICA - SAN
MATEO
1830 Gateway Dr
San Mateo
CA
94404
FAIRFIELD INN & SUITES SAN
FRANCISCO PACIFICA
500 Old County Rd
Pacifica
CA
94044
FAIRFIELD INN & SUITES SAN
FRANCISCO SAN CARLOS
555 Skyway Rd
San Carlos
CA
94070
FAIRFIELD INN & SUITES SFO OYSTER
POINT AREA
127 W. Harris Avenue
So. San
Francisco
CA
94080
FOUR POINTS BY SHERATON HOTEL &
SUITES
264 S Airport Blvd
So. San
Francisco
CA
94080
FOUR SEASONS HOTEL SILICON VALLEY
2050 University Ave
East Palo Alto
CA
94303
GARDEN MOTEL
1690 Broadway
Redwood City
CA
94063
GATEWAY INN & SUITES
516 El Camino Real
San Bruno
CA
94066
GOOD LIVING INN
1562 El Camino Real
San Carlos
CA
94070
GOOD NITE INN
485 Veterans Blvd
Redwood City
CA
94063
GRAND BAY SAN FRANCISCO
223 Twin Dolphin Dr
Redwood City
CA
94065
GRAND HYATT AT SFO
55 S. McDonnell Road
San Francisco
CA
94128
HALF MOON BAY INN
401 Main St
Half Moon Bay
CA
94019
HALF MOON BAY LODGE
2400 Cabrillo Hwy S
Half Moon Bay
CA
94019
HAMPTON INN & SUITES SFO SOUTH -
BURLINGAME
1755 Ba shore Hwy
Burlingame
CA
94010
HAMPTON INN & SUITES - SAN MATEO
2940 S. Norfolk St.
San Mateo
CA
94403
HAMPTON INN SFO NORTH - SSF
300 Gateway Blvd
So. San
Francisco
CA
94080
HARBOR VIEW INN
51 Ave Alhambra
El Granada
CA
94018
HILTON GARDEN INN SAN MATEO
2000 Brid e oint Circle
San Mateo
CA
94404
HILTON GARDEN INN SFO -
BURLINGAME
765 Airport Blvd
Burlingame
CA
94010
HILTON GARDEN INN - SFO NORTH -
SSF
670 Gateway Blvd
So. San
Francisco
CA
94080
HILTON S.F. AIRPORT BAYFRONT
600 Airport Blvd
Burlingame
CA
94010
HOLIDAY INN & SUITES SAN MATEO-SF
SFO
330 N Ba shore Blvd
San Mateo
CA
94401
HOLIDAY INN EXPRESS & SUITES
BELMONT
1650 El Camino Real
Belmont
CA
94002
HOLIDAY INN EXPRESS REDWOOD CITY
CENTRAL
1836 El Camino Real
Redwood City
CA
94063
HOLIDAY INN EXPRESS SFO NORTH -
SSF
373 S Airport Blvd
So. San
Francisco
CA
94080
SFPTMD Management District Plan 27
January 23, 2023
HOLIDAY INN EXPRESS SFO SOUTH -
BURLINGAME
1250 Ba shore Hwy
Burlingame
CA
94010
HOME2 SUITES BY HILTON SFO NORTH
550 Gateway Blvd
So. San
Francisco
CA
94080
HOMEWOOD SUITES BY HILTON
BELMONT
1201 Shoreway Road
Belmont
CA
94002
HOMEWOOD SUITES BY HILTON SFO
AIRPORT NORTH
2O00 Shoreline Court
Brisbane
CA
94005
HOTEL 1550
1550 El Camino Real
San Bruno
CA
94066
HOTEL ALUXOR
500 El Camino Real
San Bruno
CA
94066
HOTEL AURA SFO
190 El Camino Real
San Bruno
CA
94066
HOTEL BELMONT
560 El Camino Real
Belmont
CA
94002
HOTEL FOCUS SFO
111 Mitchell Ave
So. San
Francisco
CA
94080
HOTEL NOVA SFO BY FAIRBRIDGE
410 S Airport Blvd
So. San
Francisco
CA
94080
HOTEL V
222 S Airport Blvd
So. San
Francisco
CA
94080
HYATT HOUSE BELMONT/REDWOOD
SHORES
400 Concourse Dr
Belmont
CA
94002
HYATT PLACE SAN CARLOS
26 El Camino Real
San Carlos
CA
94070
HYATT REGENCY SAN FRANCISCO
AIRPORT
1333 Ba shore Hwy
Burlingame
CA
94010
INN @ BAYSHORE
140 N Ba shore Blvd
San Mateo
CA
94401
INN AT MAVERICKS
346 Princeton Ave
El Granada
CA
94018
INN AT ROCKAWAY
200 Rockaway Beach
Ave
Pacifica
CA
94044
INN BY THE SFO
701 Airport Blvd
So. San
Francisco
CA
94080
LA QUINTA INN & SUITES S.F. AIRPORT
WEST
1390 El Camino Real
Millbrae
CA
94030
LA QUINTA INN S.F. AIRPORT NORTH
20 Airport Blvd
So. San
Francisco
CA
94080
LARKSPUR LANDING HOTEL SSF
690 Gateway Blvd
So. San
Francisco
CA
94080
LIA HOTEL
950 El Camino Real
San Carlos
CA
94070
LIGHTHOUSE HOTEL
105 Rockaway Beach
Ave
Pacifica
CA
94044
MARRIOTT FAIRFIELD INN & SUITES
SFO
250 El Camino Real
Millbrae
CA
94030
MILL ROSE INN
615 Mill St
Half Moon Bay
CA
94019
MILLWOOD INN & SUITES
1375 El Camino Real
Millbrae
CA
94030
THE MIRAMAR INN & SUITES
3020 Cabrillo Hwy N
Half Moon Bay
CA
94019
MOTEL 6 - BELMONT
1101 Shoreway Rd
Belmont
CA
94002
NANTUCKET WHALE INN
779 Main St
Half Moon Bay
CA
94019
NICHE HOTEL
868 Main St
Redwood City
CA
94063
OCEAN VIEW INN
8425 Cabrillo Hwy
Momara
CA
94037
THE OCEANFRONT HOTEL
211 Mirada Rd
Half Moon Bay
CA
94019
OCEANO HOTEL & SPA
280 Capistrano Rd
Half Moon Bay
CA
94019
PACIFICA BEACH HOTEL
525 Cres i Dr
Pacifica
CA
94044
PARK POINTE HOTEL
245 S. Airport Blvd
So. San
Francisco
CA
94080
PESCADERO CREEK INN
393 Stage Rd
Pescadero
CA
94060
SFPTMD Management District Plan 28
January 23, 2023
QUALITY INN HALF MOON BAY
2930 Cabrillo Hwy N
Half Moon Bay
CA
94019
RAMADA LIMITED SUITES
721 Airport Blvd
So. San
Francisco
CA
94080
REDWOOD CREEK INN
1090 El Camino Real
Redwood City
CA
94063
REDWOOD MOTOR COURT
3706 Rolison Rd
Redwood City
CA
94063
REGENCY INN SFO
411 San Bruno Ave E
San Bruno
CA
94066
RESIDENCE INN SAN FRANCISCO
AIRPORT/MILLBRAE
161 N. Rollins Road
Millbrae
CA
94030
RESIDENCE INN REDWOOD CITY SAN
CARLOS
800 E. San Carlos Ave
San Carlos
CA
94070
RESIDENCE INN SAN FRANCISCO
AIRPORT/SAN MATEO
2000 Winward Way
San Mateo
CA
94404
THE RITZ-CARLTON, HALF MOON BAY
One Miramontes Point
Rd
Half Moon Bay
CA
94019
RITZ INN
151 El Camino Real
San Bruno
CA
94066
ROYAL INN
120 Hickey Blvd
So. San
Francisco
CA
94080
SAN BENITO HOUSE
356 Main St
Half Moon Bay
CA
94019
SAN CARLOS INN
1140 Morse Blvd
San Carlos
CA
94070
SAN FRANCISCO AIRPORT MARRIOTT
WATERFRONT
1800 Old Ba shore Hwy
Burlingame
CA
94010
SAN MATEO MARRIOTT
1770 So. Am hlett Blvd
San Mateo
CA
94402
SEA BREEZE MOTEL
100 Rockaway Beach
Ave
Pacifica
CA
94044
SEAL COVE INN
221 Cypress Ave
Moss Beach
CA
94038
SEQUOIA INN
526 El Camino Real
Redwood City
CA
94063
SFO AIRPORT HOTEL, EL RANCHO INN
1100 El Camino Real
Millbrae
CA
94030
SILICON VALLEY INN
630 El Camino Real
Belmont
CA
94002
SONESTA ES SUITES SFO SAN BRUNO
1350 Huntington
San Bruno
CA
94066
SONESTA ES SUITES SFO OYSTER POINT
WATERFRONT
1350 Veterans Blvd
So. San
Francisco
CA
94080
SONESTA SELECT SFO OYSTER POINT
WATERFRONT
1300 Veterans Blvd
So. San
Francisco
CA
94080
SPRINGHILL SUITES BELMONT
REDWOOD SHORES
1401 Shoreway Rd
Belmont
CA
94002
SUPER 8 S.F. AIRPORT - SAN BRUNO
421 El Camino Real
San Bruno
CA
94066
TOWNEPLACE SUITES SAN MATEO
FOSTER CITY
1299 Chess Drive
Foster City
CA
94404
TRAVELERS INN
100 Hickey Blvd
So. San
Francisco
CA
94080
TRAVELODGE SFO NORTH
326 S Airport Blvd
So. San
Francisco
CA
94080
VAGABOND INN EXECUTIVE S.F.
AIRPORT BAYFRONT
1640 Old Ba shore Hwy
Burlingame
CA
94010
VILLA MONTES HOTEL, ASCEND HOTEL
COLLECTION
620 El Camino Real
San Bruno
CA
94066
THE WESTIN S.F. AIRPORT
1 Old Ba shore Hwy
Millbrae
CA
94030
ZABALLA HOUSE BED & BREAKFAST
324 Main St
Half Moon Bay
CA
94019
Hotel Nia
200Independence
Drive
Menlo Park
CA
94025
Park ames
1400 El Camino Real
Menlo Park
CA
94025
Rosewood Sand Hill
2825 Sand Hill Road
Menlo Park
CA
94025
SFPTMD Management District Plan 29
January 23, 2023
Stanford Park Hotel
100 El Camino Real
Menlo Park
CA
94025
Residence Inn
555 Glenwood
Avenue
Menlo Park
CA
94025
Best Western Plus Riviera
15 El Camino Real
Menlo Park
CA
94025
Hotel Lucent
727 El Camino Real
Menlo Park
CA
94025
Menlo Park Inn
1315 El Camino Real
Menlo Park
CA
94025
Red Cottage Inn
1704 El Camino Real
Menlo Park
CA
94025
SFPTMD Management District Plan 30
January 23, 2023
APPENDIX 3 - BENEFITS BY BUSINESS CATEGORY
Tier 1
Tier 2
Program
Service
1.5%
0.75%
General
Listing on www.thesanfranciscopeninsula.com with link to hotel booking page
X
X
X
X
General
Inclusion in Sales, Marketing and Promotional Opportunities
X
X
General
Inclusion in SFP's Consumer Brochures
X
X
General
Access to SFP's research reports and insights
X
X
General
Represented by SFP at industry conferences and events
Access to California Hotel Lodging Association's industry advocacy efforts and training
X
X
General
materials
X
X
Consumer
Opportunity to participate in Consumer Marketing Campaigns
X
X
Consumer
Public Relations participation opportunities
X
X
Consumer
Familiarization Tour(Press and Influencer) Opportunities
X
X
Consumer
I Inclusion Opportunity in Social Media Efforts
X
X
Consumer
Inclusion Opportunity in Destination Video and Photo Shoots
X
X
Consumer
New project andspecial event opportunities
X
X
Travel Trade
Trade Show Opportunities
X
X
Travel Trade
I Sales Mission Opportunities
X
X
Travel Trade
Lead Opportunities
X
X
Travel Trade
Familiarization Tour Leads(Press and Travel Trade Opportunities
X
Meetings
Lead Distribution
X
Meetings
I Site Inspections
X
Meetings
Convention Services Support
X
Meetings
Opportunity to participate in Sales Missions
X
Meetings
Opportunity to participate in Client Events
X
Meetings
Industry tradeshow participation
X
Meetings
Participation in local industry chapter meetings and events
X
Meetings
Familiarization Tours
X
Meetings
Marketing Campaigns
X
Meetings
Inclusion in Meetings Market Brochures
X
Meetings
Opportunity for Sponsorship of Group Events
Custom Event Landing Page for Groups: Things To Do Nearby With Your Selected
X
Meetings
Venue(Itinerary)
I
SFPTMD Management District Plan 31
January 23, 2023
X
Meetings
Distribution of hot rates and dates to planners
X
Meetings
Co-op advertising opportunities in key meeting publications
X
Meetings
Social media mentions/posts promoting groups space
X
Meetings
Inclusion on Meeting Planner section of website
X
Meetings
O portunity to be highlighted in meeting planner newsletter
X
Meetings
Access to SF Travel group leads via our alliance with SFr
SFPTMD Management District Plan 32
January 23, 2023
APPENDIX 4 - SMG CONSULTING ANALYSIS
SFPTMD Management District Plan 33
January 23, 2023
SF Peninsula
Tourism Business Improvement District Pro Forma Review
SMGConsulting
TAKE ANOTHER PATH.
SFPTMD Management District Plan 34
January 23, 2023
Overview
In 2001, the Organization established a Tourism Business Improvement District (TBID) under
the Parking and Business Improvement Area Law of 1989 ('89 Law) and now wishes to convert
to a Tourism Marketing District (TMD) under the Property and Business Improvement District
Law of 1994 ('94 Law).
The organization is moving forward with a Tourism Business Improvement District (TBID)
transition that will increase its funding above $6 million annually to be available for tourism
promotion efforts. The TBID contribution is a significant budget increase for the organization. In
developing the proposal for the TBID renewal and the subsequent approval of the lodging
industry, the organization staff has prepared a TMD Benefits Proforma to estimate the potential
return on investment from the new TBID funds.
This staff assessment includes the proposed allocation and use of new funds for different tourism
promotion efforts (sales, advertising, public relations, social media, etc.) and the projected return
on investment for those funds.
Proforma Review
The TMD Benefits Proforma review includes a review of the staff proforma to check the
assumptions and estimates and make suggestions and recommendations.
Scope of Work
The following is a review of the proforma developed for the TBID renewal. The analysis was
done using the information supplied by The San Francisco Peninsula CVB. Project elements
include the following:
I. DEVELOP SMITH TRAVEL RESEARCH TRENDLINE AND ANNUAL GROWTH RATE FOR LODGING REVENUE.
DEVELOP MULTI -YEAR FORECAST.
DETERMINE THE PROJECTABLE RATE OF GROWTH.
• REVIEW STAFF DRAFT PROFORMA, INCLUDING ASSUMPTIONS AND FINAL ESTIMATES.
I. COMPARE PROFORMA ESTIMATES WITH TRENDLINE AND ASSESS WITH POTENTIALLY DIFFERENT
SCENARIOS (HIGH, MEDIUM, AND LOW ESTIMATES).
Limiting Conditions
The following analysis and estimates are based on the best information and time available. The
results and opinions provided are a guide for consideration, and we do not claim as to the
accuracy of the final results.
SFPTMD Management District Plan 35
January 23, 2023
Model Development
We developed an SF Peninsula Tourism Economic Model to develop lodging revenue and room
night projections with the addition of new properties and the potential of Menlo Park Inclusion.
The model was developed utilizing the past ten years of monthly lodging data from Smith Travel
Research. The model measures a variety of economic activities, including the following:
II. LODGING REVENUE PROJECTIONS THROUGH 2O27
III. ROOM NIGHT PROJECTION THROUGH 2O27
IV. TBID REVENUE WITHOUT MENLO PARK
V. TBID REVENUE WITH MENLO PARK
VI. TBIB REVENUE WITH NEW PROPERTIES
VII. TBID REVENUE WITHOUT NEW PROPERTIES.
The SF Peninsula Tourism Economic Model can be adjusted to test or consider different
scenarios.
Model Methodology
The future growth of ADR and room nights is using a Bayesian Structural Times Series (BSTS)
model, a technique for fitting historical data and forecasting future trends (Scott and Varian,
Predicting the Present with Bayesian Structural Time Series 2013). BSTS was chosen for its
ability to forecast future trends, including seasonal variation, using robust time series data. In this
case, data is available in monthly intervals from July 2012. This model was fit by specifying a
semi -local linear trend. Confidence intervals bound a mean forecast to quantify the degree of
uncertainty in the future (Scott, Fitting Bayesian structural time series with the bsts R package
2017).
Rather than having the pandemic disruption influence the forecasts, only data from July 2012
through December 2019 was taken as input. Revenue is simply forecast as the product of ADR
and room nights.
Given the fact that the STR reports track all cities in San Mateo County, the revenue forecast is
reduced in proportion to the number of room nights in the TMD (15,699/17,190) or 91.3 percent.
TMD fee revenue is also forecast in proportion to available rooms, with 42 percent A -level
property rooms paying 1.5 percent of gross room revenue. The balance is paid by B-level
property rooms at 0.75 percent.
Construction of three new B-level properties is underway and will bring 451 rooms online. These
rooms are assumed to be available from January 2023. There are 533 A -level property rooms and
338 B-level property rooms in Menlo Park. Potential gross room and TMD fee revenue is
forecast on the basis of room count proportionality.
Model Assumptions
The model forecasts mean values of ADR and room nights along with 2.5 percent confidence
intervals. This report is based on mean values. By constructing the model in this manner, we are
SFPTMD Management District Plan 36
January 23, 2023
assuming that the conditions supporting ADR and room night growth prior to the pandemic will
continue from 2023 forward.
Sources of variation include the impact of macroeconomic conditions, actual timing of new
construction (planned and unplanned), promotions and policies such as airline crew waivers.
Model Limitations
The baseline SF Peninsula Tourism Economic Model provides a static look based on a given set
of assumptions. Forecasts of future events are inherently uncertain as the recent pandemic
reminded us. As noted above, the model can be adjusted to estimate specific scenarios in detail in
which case the relative differences generally provide the most value.
Findings
Table 1 below summarizes Room Nights, Revenue, and Average Daily Rate (ADR) projections.
Table 1: Room Night, Revenue, and Average Daily Rate Projections 2021-2027
i
Room nights 3,201,672 3,273,894 3,356,784 3,470,192 3,592,148
3,720,575
3,824,263
RN annual growth 2.3% 2.5% 3.4% 3.5%
3.6%
2.8%
Revenue (thousands) $430,563 $784,357 $1,053,955 $1,140,669 $1,229,371
$1,335,188
$1,444,536
Rev annual growth 82.2% 34.4% 8.2% 7.8%
8.6%
8.2%
ADR $134 $240 $314 $329 $342
$359
$378
ADR annual growth 78.2% 31.1% 4.7% 4.1%
4.9%
5.3%
A. THE MODEL INCLUDES GROWTH RATE PROJECTIONS FOR EACH OF THOSE CATEGORIES. NOTE
THE
SIGNIFICANT REVENUE GROWTH PROJECTION IN 2022 AND 2023, AFTER WHICH
THE GROWTH SLOWS
DOWN INTO A MORE CONSISTENT PATTERN AFTER 2023. (SEE TABLE 1 ABOVE)
B. THE TMD BENEFITS PROFORMA DEVELOPED BY STAFF HAS LODGING RATES BETWEEN $200 AND $293,
WHICH IS WITHIN ESTIMATES OR THE PROJECTED AVERAGE DAILY RATE OF THE SF PENINSULA
TOURISM ECONOMIC MODEL. (SEE TABLE 2)
A. REGARDING TBID REVENUE PROJECTION, THE TMD BENEFITS PROFORMA ANTICIPATES TBID REVENUE
OF APPROXIMATELY $6M. BASED ON THE SF PENINSULA TOURISM ECONOMIC MODEL'S
ASSUMPTIONS, TBID COLLECTIONS COULD BE HIGHER STARTING IN 2022 (APPROXIMATELY $8M). (SEE
TABLE 2)
B. THE MODEL CONSIDERS THE NEW CONSTRUCTION OF HOTELS (451 UNITS) WHICH INCREASES THE
POTENTIAL TBID REVENUE GENERATION BY APPROXIMATELY $207,000. (SEE TABLE 2)
C. ADDITIONALLY, THE MODEL CONSIDERS THE POTENTIAL ADDITION OF MENLO PARK HOTELS BEING A
PART OF THE TBID. THE ADDITION OF MENLO PARK HOTELS WOULD INCREASE TBID CONTRIBUTIONS
BY APPROXIMATELY $638,000 STARTING IN 2023. (SEE TABLE 2)
SFPTMD Management District Plan 37
January 23, 2023
Table 2: TMD Room Revenue and Fee Projections
Field Cade
's 6607 _ Base Year
a va i l able 15699 TB ID Projection
A Revenue
$101,204,557
$330,100,605
$405,089,050
$438,417,832
$472,510,240
$513, 181,465
$555,�03,395
1.50%
$2,718,068
$4,951,509
$6,076,336
$6,576,267
$7,087,654
$7,697,7221
$8428,141
e Revenue
$249,358,533
$454,256,803
$557,449,620
$603,313,899
$650,229,026
$706,197,349
$764,032,666
0.75%
Total TBID/TMD
$4,588,257
$8,358,435
$10,257,208
$11,101,122
$11,964,371
$12,994,202
$14,058,366
Ne Construction
Ne v rooms 2023 (B)
45
Total w/new hotels
$10,464,S96
$11,325,573
$12,206,276
$13,256,929
$14,342,629
%i icrease in
5.0%
Me Ao Park
Ne r ms 2023 (A)
533
%i icrease in
8.1%
Ne v rooms 2023 (B)
338
% i icreasen B
3.5%
Total w/Menlo
$10,895,479
$31,791,907,
$12,708,873
$13,802,787
$14,933,191
Inventory Notes:
Changes in Hotel Inventory
318 rooms lost to Project Home Key (housing the un-housed) during 2020/2021
Possibly December 15, 2022 or early 2023
Red Roof Inn, Burlingame
213 Rooms
Possibly in 2023
El Rancho Inn, Millbrae
219 Rooms
2023 (Buyer is getting financing together, no set month for demolishing.)
Holiday Inn Express, Burlingame
148 Rooms
Possibly 2023 (Entitlements approved Sept 2022. No word when developer will start work.)
Comfort Inn & Suites, South San Francisco
166 Rooms
SFPTMD Management District Plan 38
January 23, 2023
Appendix
SFPTMD Management District Plan 39
January 23, 2023
Appendix 1: San Mateo County Room Revenue
Annual San Mateo County Room Revenue
Historic STR Report Values through October 2022 and Forecast
to 2027
$1,600,000,000
$1,400,000,000
$1,200,000,000
$1,000,000,000
$800,000,000
$600,000,000
$400,000,000
$200,000,000
$0
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027
Source: STR Reports and Consulting Team.
SFPTMD Management District Plan 40
January 23, 2023
Appendix 2: San Mateo County ADR
$900
$800
$700
$600
$500
$400
$300
$200
$100
$0
Monthly San Mateo County ADR Forecast to 2034
N V vt r` W 01 O O N M M V r1 r0 cp r` r0 rl
rl ci rl ti ci c-I N N N N N N N N N N N N N N M M M M M M
� � i i � �
Q O Q O Q O Q O— Q 9 O— Q 9 0 0 0 Q
-Historical -97.5%quantile -Forecast mean -2.5%quantile
I
Source: STIR Reports and Consulting Team.
SFPTMD Management District Plan 41
January 23, 2023
Appendix 3: San Mateo County Room Nights
Monthly San Mateo County Room Night Forecast to 2034
1,200,000 —
1,000,000
800,000
600,000
400,000
200,000
0
N M V V Vl �O r` r` W T O O rl N M M V �l1 tp tD r` W Ot 01 O .-I N N M V
%
rl '4 N N N N N N N N N N N N N N M M M M M M
C +' %
a, o¢ 9 o a- o¢ 9 o a o¢ 9 o a o
—Historical —97.5%quantile —Forecast mean —2.5%quantile
Source: STR Reports and Consulting Team.
SFPTMD Management District Plan 42
January 23, 2023
DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850
RESOLUTION NO. 049-2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS
INTENTION TO ESTABLISH THE SAN FRANCISCO PENINSULA TOURISM MARKETING
DISTRICT (SFPTMD) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A
PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF
WHEREAS, in 2001, the San Mateo County Tourism Business Improvement District
(SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989
(89 Law) by Resolution No. 074-2001; and
WHEREAS, the City of Burlingame (City), San Mateo County/Silicon Valley Convention
and Visitors Bureau dba The San Francisco Peninsula (SFP), and San Mateo County lodging
businesses seek to modernize the SMCTBID by forming a new District, the San Francisco
Peninsula Tourism Marketing District (SFPTMD), pursuant to the Property and Business
Improvement District Law of 1994; and
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways
Code § 36600 et seq., authorizes the City to establish business improvement districts for the
purposes of promoting tourism; and
WHEREAS, lodging business owners, and representatives from the City of Burlingame
have met to consider the formation of the SFPTMD; and
WHEREAS, SFP has drafted a Management District Plan (Plan) that sets forth the
proposed boundary of the SFPTMD, a service plan and budget, and a proposed means of
governance; and
WHEREAS, the proposed SFPTMD includes all lodging businesses, existing and in future,
in the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo
Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco,
and the unincorporated area of San Mateo County; and
WHEREAS, consent to include lodging businesses in their respective jurisdictions will be
requested from the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon
Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South
San Francisco, and the unincorporated area of San Mateo County; and
WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the
assessment under the SFPTMD have petitioned the City Council to establish the SFPTMD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
The recitals set forth herein are true and correct.
2. The City Council finds that lodging businesses that will pay more than fifty percent (50%)
of the assessment proposed in the Plan have signed and submitted petitions in support of
the formation of the SFPTMD. The City Council accepts the petitions and adopts this
Resolution of Intention to establish the SFPTMD and to levy an assessment on certain
lodging businesses within the SFPTMD boundaries in accordance with the Property and
Business Improvement District Law of 1994.
DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850
3. The City Council finds that the Plan satisfies all requirements of Streets and Highways
Code § 36622.
4. The City Council declares its intention to establish the SFPTMD and to levy and collect
assessments on lodging businesses within the SFPTMD boundaries pursuant to the
Property and Business Improvement District Law of 1994.
5. The SFPTMD shall include all lodging businesses, existing and in the future, located within
the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City,
Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos,
San Mateo, South San Francisco, and the unincorporated area of San Mateo County as
shown in the map attached as Exhibit A.
6. The name of the district shall be San Francisco Peninsula Tourism Marketing District
(SFPTMD).
7. The annual assessment rate is one- and one-half percent (1.5%) of gross short-term
sleeping room rental revenue for lodging businesses with 5,000 square feet or more of
dedicated meeting space, and 0.75% for all other lodging businesses within the
SFPTMD's boundaries. Based on the benefit received, assessments will not be collected
on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or
cabin crews pursuant to an agreement between a hotel and an airline, which is in
furtherance of or to facilitate such crews' performance of theirjobs for the airline, including
layovers between flights; employees of the state or federal government if room charges
are paid directly by their employing agency and copies of official travel orders are
submitted as applicable; and any properly credentialed officer or employee of a foreign
government who is exempt by reason of express provision of federal law or international
treaty.
8. The assessments levied for the SFPTMD shall be applied toward sales and marketing
programs to market assessed lodging businesses in the San Francisco Peninsula area as
tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the
end of any year may be used in subsequent years in which SFPTMD assessments are
levied as long as they are used consistent with the requirements of this resolution and the
Plan.
9. The proposed SFPTMD will have a five (5) year life, beginning October 1, 2023, or as
soon as possible thereafter, and ending five (5) years from its start date, unless renewed
pursuant to Streets and Highways Code § 36660.
10. Bonds shall not be issued.
11. The time and place for the public meeting to hear testimony on establishing the SFPTMD
and levying assessments are set for June 20, 2023, at 7:00 PM, or as soon thereafter as
the matter may be heard, at City Hall, 501 Primrose Road, Burlingame, CA 94010.
12. The time and place for the public hearing to establish the SFPTMD and the levy of
assessments are set for July 5, 2023, at 7:00 PM, or as soon thereafter as the matter may
be heard, at City Hall, 501 Primrose Road, Burlingame, CA 94010. The City Clerk is
directed to provide written notice to the lodging businesses subject to assessment of the
DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850
date and time of the meeting and hearing, and to provide that notice as required by Streets
and Highways Code § 36623, no later than May 21, 2023.
13. At the public meeting and hearing, the testimony of all interested persons for or against
the establishment of the SFPTMD may be received. If at the conclusion of the public
hearing, there are of record written protests by the owners of the lodging businesses within
the proposed SFPTMD that will pay more than fifty percent (50%) of the estimated total
assessment of the entire SFPTMD, no further proceedings to establish the SFPTMD shall
occur for a period of one (1) year.
14. The complete Plan is on file with the City Clerk and may be reviewed upon request.
15. This resolution shall take effect immediately upon its adoption by the City Council.
Michael Brownrigg, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council on the 15th day of May, 2023,
and was adopted thereafter by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Meaghan Hassel -Shearer, City Clerk
DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850
EXHIBIT A
District Boundaries
DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850
RESOLUTION NO. 050-2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REQUESTING
CONSENT OF THE CITIES OF BELMONT, BRISBANE, EAST PALO ALTO, FOSTER CITY,
HALF MOON BAY, MENLO PARK, MILLBRAE, PACIFICA, REDWOOD CITY, SAN BRUNO,
SAN CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND THE UNINCORPORATED
AREA OF SAN MATEO COUNTY TO FORM THE SAN FRANCISCO PENINSULA TOURISM
MARKETING DISTRICT
WHEREAS, the City Council of the City of Burlingame (the Council) desires to begin
proceedings to form the San Francisco Peninsula Tourism Marketing District (SFPTMD); and
WHEREAS, certain lodging business owners have requested that the Council form the
SFPTMD; and
WHEREAS, a portion of the territory proposed to be included in the SFPTMD lies within
the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half
Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo,
South San Francisco, and the unincorporated area of San Mateo County (the Cities and County),
as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment;
and
WHEREAS, the area of the Cities and County that lies within the boundaries of the
proposed SFPTMD will, in the opinion of the Council, be benefited by the improvements and
activities, and the purpose sought to be accomplished by the work can best be accomplished by
a single comprehensive scheme of work.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
BURLINGAME that:
Section 1: The above recitals are true and correct.
Section 2: Consent of the cities of Belmont, Brisbane, East Palo Alto, Foster City, Half
Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo,
South San Francisco, and the unincorporated area of San Mateo County, through their City
Councils and Board of Supervisors, is hereby requested to form the SFPTMD, and to grant to the
Council of the City of Burlingame jurisdiction for all the purposes in connection with the creation,
operation, and future renewals of the proposed SFPTMD.
Section 3: The Burlingame City Clerk is hereby directed to transmit a certified copy of this
Resolution to the clerks of the Granting Cities and County.
Michael Brownrigg, Mayor
DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council on the 15th day of May, 2023,
and was adopted thereafter by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
11uaff,a., 4ssel-S4ea
Meaghan Hassel -Shearer, City Clerk
2
DocuSign Envelope ID: 72BCEE96-8B4D-43A3-8C06-E6F3ED870850
o_rati., -
PACIFIC
OCEAN
16 i San Matero County Lines
City f Town Outside ofTMD
Unincorporated County in the TMD
Cities in the TMD
BELMONT
BRISBANE
BURLINGAME
EAST PALO ALTO
i FOSTER CITY
jM HALF MOON BAY
_ MENLO PARK
_ MILLBRAE
_ PACIFICA
REDWOOD CITY
_ SAN BRUNO
_ SAN CARLOS
SAN MATEO
SOUTH SAN FRANCISCO
Exhibit A
Boundary Map
SF Peninsula TMD
BRISBANL
SOUTH SAN FRANCISCO
FOSTER CITY �!
HIL seoRouG MATEO
r,
REDWOOD CITY
BELMONT
SAN CARLOS
`J
t.+
1'
MENLO PARK
EAST
HLIPI ON me
CIVITAS
3
STAFF REPORT AGENDA NO: 12a
MEETING DATE: June 20, 2023
Honorable Mayor, City Council, and Planning Commission
Date: June 20, 2023
From: Kevin Gardiner, Community Development Director — (650) 558-7253
Joseph Sanfilippo, Economic Development & Housing Specialist —
(650) 558-7264
Subject: Consideration of HOPE Community Advisory Committee Report
RECOMMENDATION
Staff recommends that the City Council review the findings of the Housing, Opportunity, Priorities
and Education (HOPE) Community Advisory Committee and provide direction on potential uses of
the affordable housing funds.
BACKGROUND
Affordable housing impact fees are used to support and build new homes for lower -income
residents. The fees can be charged to developers of new residential projects and used for land
purchase, construction costs, or site rehabilitation related to providing workforce housing.
On June 19, 2017, the City Council adopted Ordinance No. 1943 establishing commercial linkage
fees for new commercial development in Burlingame, and on April 1, 2019, it adopted Ordinance
No. 1961, establishing residential impact fees for new residential development in Burlingame. Both
fees were re -adopted as part of Ordinance 2000, when the City Council adopted the updated
Zoning Ordinance in 2021. Over time, these fees will provide a dedicated source of funding for
programs supporting workforce housing in Burlingame.
The City Council first discussed possible use of affordable housing funds on July 1, 2019 (meeting
minutes attached). At that time, the Council reviewed a memo from Bill Lowell, who had experience
with the County of San Mateo Department of Housing (DOH), as well as the Home for All initiative.
Mr. Lowell has since retired.
As funds began to accrue, an ad hoc subcommittee of the City Council was formed with the intent
to direct policies and programs for use of the commercial linkage fees and residential impact fees
that have been collected from new development projects. Mayor Brownrigg and Vice Mayor Colson
comprise the Ad Hoc Subcommittee.
Given the potentially large sums and the many possible uses of the affordable housing funds, the
Ad Hoc Subcommittee indicated interest in forming a citizens' advisory committee to discuss the
use and prioritization of housing funds. In a study session on October 3, 2022, the City Council
1
HOPE Committee - Affordable Housing Funds June 20, 2023
considered the suggestion and provided input and direction on the formation of the advisory
committee. The advisory committee was proposed to convene over a series of meetings that would
involve a range of community members who have interests in housing matters.
The advisory committee was named the HOPE Committee, and it met four times from January to
May 2023. Susan Clark of Common Knowledge, who also facilitated the "Burlingame Talks
Together About Housing" series in 2018, facilitated the HOPE Committee meetings, with technical
support provided by Sandy Council of Good City Company. A summary of the committee's work
and its findings is attached. A Frequently Asked Questions (FAQ) was also prepared for the
committee and is also attached.
An overview of the HOPE Committee's work and findings was presented at the Joint City
Council/Planning Commission meeting on June 14, 2023. Presentation slides from that meeting
are attached for reference.
nisri issinm
For new commercial development, the adopted linkage fees are $7.00 per square foot for new retail
development, $12.00 per square foot for new hotel development, $18.00 per square foot for office
projects of 50,000 square feet or less, and $25.00 per square foot for office greater than 50,000
square feet. For developers who utilize prevailing wages or area standard wages, the fees are
$5.00 per square foot for new retail development, $10.00 per square foot for new hotel
development, $15.00 per square foot for office of 50,000 square feet or less, and $20.00 per square
foot for office greater than 50,000 square feet.
For new residential development, the adopted residential impact fees vary from $14.00 to $45.00
per square foot, depending on residential density (units per acre) and whether the project is rental
or for sale. There is also an "in -lieu" option where the developer can choose to provide an affordable
unit or units on site in lieu of submitting the impact fee:
• For Rental Multifamily projects, at least ten percent (10%) of the units on site must be
affordable to moderate income households (in this instance 80% - 120% AMI) for a period
of 55 years in order to waive the residential impact fee.
• For Sale Multifamily (Townhome/Condominium) projects, ten percent (10%) of the units on
site must be affordable to above -moderate income households (in this instance 120% -
150% AMI, with the price set at the 135% AMI level) for a period of 55 years in order to
waive the residential impact fee.
Staff has been working with Seifel Consultants to evaluate the residential impact fees and in -lieu
program. The study will be completed by the end of this summer.
Fund Balance and Proiections: The Affordable Housing Fund currently has a net balance of
approximately $7,200,000, resulting from commercial linkage fees collected from the 250 California
Drive, 220 Park Road (former Post Office), and 567 Airport Boulevard development projects.
(Technically, the balance is approximately $8,700,000, but $1,432,000 has been allocated to the
Eucalyptus Grove affordable housing development at 1875 California Drive.)
There are a number of development projects in various stages of review that will contribute
2
HOPE Committee - Affordable Housing Funds June 20, 2023
additional fees. Fees are collected prior to the issuance of the building permit for the project. The
development project at 1669 Bayshore Highway/810 Malcolm Road is furthest ahead and will
submit $9,073,800 when the building permit for the superstructure is issued in the coming months.
This will bring the next balance of the affordable housing fund to approximately $15,820,000 this
year.
The table below indicates projects subject to commercial linkage fees that are currently approved
or under review. Because collection of fees is linked to building permit issuance, it can be difficult
to anticipate the timing of receiving fees, but estimates are provided in the table based on current
project status and typical permitting timelines:
TABLE 1:
PROPOSED PROJECTS SUBJECT TO COMMERCIAL LINKAGE FEES
JUNE 2023
Project Application
Square Feet
Linkage Fee
Potential Building
Permit
Issuance/Collection
of Fees
Base
With Prevailing /
Area Wage
1699 Ba shore Highway & 810 Malcom Road — under construction
Office/R&D
431,000
$ 11,342,250
$9,073,800
2023
Top Golf — approved
Restaurant/Retail
Entertainment
71,074
$355,3701
$355,370
2023
777 Airport Boulevard — approved
Office/R&D
403,425
$9,370,369
$7,465,855
2023
620 Airport Boulevard — under review
Office/R&D
1481,660
$12,084,500
$9,667,600
2024
1200-1340 Ba shore Highway — under review
Office/R&D
1 1,420,000
$31,045,200
$24,836,190
20242
1499 Ba shore Highway — under review
Office/R&D
304,354
$6,023,325
$4,821,860
2025
Total
$70,221,014
$56,220,675
Based on experience with large commercial projects currently under construction, staff anticipates
that most if not all of the above projects will utilize prevailing/area wages. This is due to the scale
and complexity of the construction, and the necessary labor expertise. Therefore, staff suggests
that the figure of $56,220,675 is more likely provided all projects are approved and advance to
construction.
To date, all residential projects subject to residential impact fees have utilized the on -site in -lieu
option. However, at least one developer has indicated they typically pay fees rather than build the
affordable units on site. Such fees would be above and beyond those projected from commercial
projects.
Prevailing/Area Wage to be used per agreement. A portion of the fees noted here will offset other community benefits
as negotiated in the term sheet adopted previously by Council.
2 Timing of Housing Fund payments may be phased over several years depending on structure of Development
Agreement.
3
HOPE Committee - Affordable Housing Funds June 20, 2023
HOPE Committee Meetings: The HOPE Committee met on January 25t", February 15t", March
29t" and April 12t" of this year. Each meeting included a detailed slide presentation providing
information on potential uses of housing funds, financing of affordable housing, regulatory
programs such as State Density Bonus, and determining priorities. Presentation slides may be
found at www.burlingame.org/HOPE. The web page also includes the FAQ attached to this staff
report, as well as earlier meeting summaries.
The HOPE Committee began its work by reviewing some potential uses of funds that had been
identified by the City Council in 2019 and subsequently through the update of the Housing Element.
These included:
• Acquisition and preservation of existing "naturally affordable" housing (likely in tandem with
an RFP to manage property acquisition/management, and possibly as part of a land banking
strategy)
• Gap financing for affordable housing projects (suggested rotating "facilitation loan")
• Funding disbursement to non -profits such as Samaritan House, HIP Housing, LifeMoves,
etc. that offer financial assistance to renters and homeless (either emergency assistance,
and/or securing housing with deposits and move -in costs)
• Renovation fund for soft -story seismic retrofits or electrification in exchange for affordability
deed restrictions
• Buying down existing units or proposed units (e.g. increasing the percentages of affordable
units beyond those currently required)
• Subsidizing ADU construction in exchange for affordability deed restrictions
• Housing in conjunction with the City Hall redevelopment, to provide essential worker
housing
However, so that the engagement would be authentic, HOPE Committee members were given
license to consider their own ideas as well, with the understanding that ultimately the Committee's
findings would be advisory to the City Council. Early on, Committee members prioritized investment
of affordable housing funds, and had concerns with any recurring programs given that the fees
themselves are not recurring. Committee members were particularly interested in the nexus
between new jobs being created and the need for additional new housing units or the pressure on
rents in existing buildings. As indicated in the findings report, the scenarios that generated the
greatest interest among the CAC members were:
• Purchasing existing multi -unit housing in Burlingame to be able to preserve low rents and/or
reduce rents
• Developing City -owned land or land owned by other public agencies (e.g., possibly the
school district or health care district)
FISCAL IMPACT
The Affordable Housing Fund currently has a balance of approximately $7,200,000, which is
expected to increase to at least $15,820,000 this calendar year.
As shown in Table 1 above, commercial linkage fees of slightly more than $56M might be collected
if projects currently under review are approved and built. The figure may be higher if projects do
C
HOPE Committee - Affordable Housing Funds
June 20, 2023
not receive the discount for prevailing/area wages, but based on experience with large commercial
projects currently under construction, staff anticipates that most if not all new commercial projects
will utilize prevailing/area wages.
Additional funds may be generated from residential impact fees. Those revenues are less certain,
as residential projects are able to provide below -market units on site in lieu of the residential impact
fees. To date, all residential projects subject to residential impact fees have utilized the on -site in -
lieu option.
With both commercial linkage fees and residential impact fees, revenues are directed into a
dedicated housing fund to be used for the creation and support of affordable workforce housing in
the city.
Exhibits:
• HOPE Community Advisory Committee Members' Input to Burlingame City Council
• Frequently Asked Questions (FAQ)
• Joint City Council/Planning Commission Meeting Presentation Slides — June 14, 2023
• City Council Meeting Minutes Excerpt — July 1, 2019
5
HOPE Community Advisory Committee Members' Input
to Burlingame City Council
June 9, 2023
The City of Burlingame convened a Community Advisory Committee (CAC), known as the "Housing
Opportunity, Priorities, and Education (HOPE)" committee, to help the Burlingame City Council shape
guidelines for the disbursement of the City's housing funds. The Council Housing Fund Subcommittee,
comprised of Mayor Michael Brownrigg and Vice Mayor Donna Colson, identified community members
representing a range of experiences and relationships with different parts of the Burlingame
community. Over a dozen community members participated in some part of the HOPE Committee's
proceedings. Nine CAC members have chosen to be part of an ongoing discussion with staff and the
Council Subcommittee. The following report shares highlights from the Committee's four public
meetings.
BACKGROUND: THE OPPORTUNITY & CONTEXT
The City's housing funds are generated by commercial linkage fees, which are a non -recurring source of
revenue, tied to what commercial development projects get approved and built. These funds
complement other ways that affordable housing can be provided in Burlingame for people who have
incomes below the Area Median Income (AMI) — such as affordable units built as part of market rate
residential developments in lieu of impact fees or "naturally occurring affordable housing" from
landlords who charge rents below market rate. Another current example of a way to stimulate
affordable housing is the Village at Burlingame where the City donated land to a development instead of
direct financial support.
The City of Burlingame recently completed its first draft Housing Element for the 2023-2031 cycle.
Providing access to homes for people with very low and extremely low income was identified as a
priority. During the HOPE CAC discussions and with support from industry experts, it has been clarified
that the housing funds generated by commercial linkage fees need to have a use that relates to
providing housing for Burlingame's workforce, based on the premise that commercial development
generates new jobs and, by extension, increased housing demand. Therefore, to be clear about intent,
the Committee referred these funds as funds affordable workforce housing.
Burlingame HOPE Community Advisory Committee Report June 2023 1
HOPE COMMUNITY ADVISORY COMMITTEE INPUT
Committee members were invited in to join the HOPE Community Advisory Committee in January 2023.
The first two meetings were conducted on Zoom (January 25 and February 15) and the third and fourth
meetings were in person on March 29 and April 12 at the Burlingame Community Center. The HOPE CAC
has a webpage and Q&A resources (www.burlingame.org/HOPE). While the group was not charged with
reaching consensus, many interests and perspectives overlapped through the four meetings.
1— CLARIFYING PURPOSE — The Who and Why
Committee members were presented with the demographics of who lives and works in Burlingame, as
well as information about pay rates for different types of jobs compared to Adjusted Area Median
Income (AMI). Affordable housing policy and financing uses the nomenclature of Extremely Low Income
(ELI), Very Low income (VL), Low and Moderate.
Across the Committee, there was broad confirmation of a deep-seated interest in helping Burlingame
both retain and increase socio-economic and occupational diversity. Multiple voices explicitly stated
respect for the value and dignity of all professions, independent of pay scale.
When asked whether they wanted to prioritize housing opportunities for ELI, VL, Low or Moderate
income, a majority of Committee members expressed an interest in wanting to help all of those
categories. Some were particularly dedicated to helping extremely low and very low-income households
because they need the most assistance. A few others specifically indicated that they wanted to include
housing opportunities for people earning closer to the median income because they see a "missing
middle" in terms of housing supply.
Burlingame HOPE Community Advisory Committee Report June 2023
Several of the meetings included discussion of specific types of households and work categories that
could be supported. Examples of what was shared:
- People making less than $50,000 (<50% of Area Median Income (AMI))
- Households making 60-80% of AMI (income range for professions such as teachers, public
service employees, etc.)
- Low-income families (single head of household as well as other family configurations) — a
recurring theme was to provide children with a stable home with access to good schools and
expanded opportunities
- Essential workers making minimum wage — e.g., caregivers; early childhood educators
- Employees that sustain small businesses — retail, restaurants
- Low -wage workers for larger employers, such as housekeepers at hotels, to reduce long
commutes
By the fourth CAC meeting, after several specific types of potential residents were discussed, a majority
of the Committee landed on a broad priority category of "people who work in Burlingame" as long as
they met the income criteria. Some specifically called out public employees as a first priority, but most
preferred a less restrictive criteria screen since the need for workforce housing crosses all sectors of
employment. For a given set of affordable homes that would be offered, some suggested an eligibility
hierarchy of:
- People who work in Burlingame
- People who live in Burlingame
- People who work in San Mateo County
- People who live in San Mateo County
The above were discussed as criteria for eligibility to be offered and move into an affordable home.
After that, Committee members did not want residents to have to move out if they got a raise, got
married or increased their income in other ways. Several on the HOPE CAC articulated different
approaches to give people a chance to improve their opportunities. For example, if household income
increased, hold rent stable to enable savings to add to education tuition and/or build a nest egg for
future home ownership.
Another way the Committee thought through the "who" for these affordable housing funds was to
discuss the "why" of how Burlingame as a community will benefit. Across the four meetings CAC
members identified these important benefits from providing more accessible housing for the priority
groups:
- Community diversity
- Social and economic diversity
- Inclusion
- Sustaining the labor pool that sustains small businesses and/or local businesses
- Greater responsiveness and stability in public services
- Burlingame can continue to be a model for pro -housing practices
- Providing current/new residents with low income more access to quality schools and pathways
to success
- Reducing long commutes and associated negative impacts on the environment and also on
social/emotional well-being
Burlingame HOPE Community Advisory Committee Report June 2023
2 — BALANCING PRIORITIES — The What: Preferred Possibilities
Many approaches were considered about how to achieve community value from these funds for
affordable workforce housing. During the committee meetings, staff and members shared examples that
clustered into these basic categories:
Contributing to Building of new housing
- Multi -unit, 100% affordable
- Multi -unit, mixed rate developments
- ADUs on Single Family Properties if able to be Deed Restricted for low income workers
Buying existing multi -unit housing
Leveraging/partnering with other resources and funds, especially including publicly owned land.
Any given project will have a lot of technical details and unknowns. During the Committee's discussions,
participants acknowledged that they knew they were not recommending any specific project or
scenario, but instead creating considerations and guidelines as future opportunities for affordable
housing for workers are pursued and/or are presented to the City.
While considering different options, the entire Committee indicated interest in a mix of possibilities,
balancing projects the City could actively pursue and complete more quickly, as well as those which
would require more collaboration with a longer time frame.
Two types of scenarios generated the greatest interest among the CAC members:
- Purchasing existing multi -unit housing in Burlingame to be able to preserve low rents and/or
reduce rents
- Developing City -owned land or land owned by other public agencies (e.g., possibly the school
district or health care district)
CAC members noted that the City purchasing existing multi -family housing would likely provide fewer
units at a higher cost per unit, as opposed to a gap financing scenario where the City contributes funding
to a project led by an outside developer. Some in the group envisioned an additional longer -term
outcome from the City purchasing existing housing: once the City owned the land, it could redevelop it
into more units overall. And it was again acknowledged that everything would be on a case -by -case basis
as specific opportunities are identified.
The second of the two preferred scenarios, developing multi -unit housing on public land, was a high
priority for the Committee because of how it could take advantage of underutilized resources and
possibly allow the City to have more control over the levels of income provided in the development. It
should be noted that the Committee did not engage in any discussion of specific parcels owned by other
public agencies that might be available for collaboration. That is an example of a future discussion for
the Council Housing Fund Subcommittee.
Of additional interest to the CAC members were scenarios of working with developers to create 100%
percent affordable housing developments, or affordable housing in a mixed rate development. The
housing funds generated from Burlingame's commercial linkage fees have already contributed to one of
these types of projects, Eucalyptus Grove Apartments, which presented a very favorable "gap financing"
Burlingame HOPE Community Advisory Committee Report June 2023 4
way for the City to leverage $1.43 million to achieve 69 very low-income (VLI) and extremely low-income
(ELI) units. During the discussions, it seemed that CAC members were better able to visualize the
scenarios where the City was in a leadership role as a purchaser or collaborator on development. There
were many more unknowns about the wide variety of rules, regulations, pools of layered financing and
developer incentives that could come together to make a developer -led promising project. Yet, if
another favorable gap financing opportunity appeared, it could likely meet the group's criteria.
There was also thoughtful discussion about subsidizing building of ADUs by single-family homeowners.
Many on the Committee expressed concern about spending public funds to subsidize private gain (i.e.,
subsidizing ADUs for homeowners who are in a high enough income bracket that they would be able to
afford to build one anyway). Yet during the conversation about this possible option, a few members
were interested in pursuing this to determine interest in a scenario where a homeowner on a
constraining fixed income could receive financing to build an ADU on their property if the owner would
move into it themselves, and then rent the larger main home to a low-income family.
In multiple meetings, some CAC members spoke to the idea of using the housing funds to support
homeownership. They liked the idea of helping low income households build equity. Other CAC
members indicated that they thought that other funds, rather than the commercial linkage housing fees,
would be better for that goal. The committee found more common ground on the approach mentioned
above of not raising rents as income increases so that people could build savings. One idea was to help
people "bank" part of their rent in an account dedicated toward a future Burlingame home.
3 — SHAPING PROCESS — The How of Creating/Responding to Priorities
As noted, the dynamic nature of these housing funds is such that the Community Advisory Committee
understood that they were not in a position to define specific housing projects but instead had been
asked to provide criteria for how to evaluate opportunities as they arise. In addition to guidance on the
"who, why and what", across the four meetings, the following types of "how" criteria have emerged for
the City Council, subcommittee and staff to take into consideration for these housing funds:
Burlingame HOPE Community Advisory Committee Report June 2023
Agile/responsive to changing market conditions and government policies
- Attend to Cost/Unit and the total number of new homes that can be created, supporting the
City's housing goals
- Amount of leverage, and what kind of "good deal for the money" the City can arrange
- Temper focus on cost per unit with attention to whether the City is gaining a long-term asset
with future development possibilities
Regarding timing, many CAC members urged the City to begin utilizing funds as soon as possible because
the need is great. At the same time, there was discussion that speed should not lead to overpaying if
market conditions are not yet right. Some committee members expressed interest in a possibility of
using other City funds as an advance loan (for future commercial linkage fees not yet realized) if the
right project presents itself. Several spoke to different ways that the City could proactively explore
possibilities rather than waiting for affordable workforce housing project opportunities to arise.
Regarding implementation, the HOPE Community Advisory Committee did not envision the City acting as
a landlord in any scenario. If a property was purchased, there was Committee discussion about how the
City of Burlingame should engage a competent cost-effective entity to manage the property. CAC
members were particularly attentive to who might be displaced and urged the City to be extremely
thoughtful about how people are asked to move to make new housing available.
At the end of the fourth meeting on April 12, many CAC members shared their gratitude for being
invited to participate in this Committee and how much they learned through the process as they
Burlingame HOPE Community Advisory Committee Report June 2023 6
grappled with potential trade-offs. In turn, Council Housing Fund Subcommittee members Brownrigg
and Colson expressed their gratitude to the group and what was gained through the successive
discussions. As future decisions arise, the Council Housing Fund Subcommittee indicated that it may
contact HOPE CAC members for additional guidance and that Committee members will be invited to
milestone events for Burlingame housing.
HOPE Community Advisory Committee Members:
Many of these committee members have multiple affiliations. What is shown is for identification
purposes. CAC members were invited to serve based on their care for the community and low-income
workers in Burlingame.
Rhovy Lyn Antonio & Angelina Soldatos, California Apartment Association
Susan Baker, resident and SFO/Burlingame Chamber of Commerce
Elizabeth Barnard, resident and Housing for All Burlingame
Cathy Baylock, resident and former Councilmember
Tish Busselle, St. Paul's Episcopal Church Burlingame and Samaritan House Board Member
Heather Cleary, Peninsula Family Service
Dave Hopkins, resident and Sares Regis
Athan Rebelos, resident and Traffic, Safety and Parking Commissioner
Walker Shores, newer resident and newly appointed Planning Commissioner
Burlingame City Council Subcommittee:
Mayor Michael Brownrigg
Vice Mayor Donna Colson
City staff
Kevin Gardiner, Community Development Director
Joseph Sanfilippo, Economic Development & Housing Specialist
Consultant support:
Affordable Housing Programs Consultant: Sandy Council, Good City Company
Meeting Process Design & Facilitation: Susan Stuart Clark, Common Knowledge
Burlingame HOPE Community Advisory Committee Report June 2023 7
An Overview of Burlingame's
Housing Trust Funds for the HOPE
Community Advisory Committee
February 8, 2023
1. What is the purpose of the Housing, Opportunity, Priorities and Education
(HOPE) Community Advisory Committee?
The purpose of the HOPE committee is to help prioritize investments in affordable housing
that use funds collected from fees on commercial development (aka the "Housing Fund").
2. Where did these new funds come from? How much money is it?
Fees are assessed on new commercial development. The fees vary depending on the type
of commercial development (office, retail, hotel, etc.).
The Current balance is $7.3 million. It could grow to $62+million by 2025 if all projects
currently under review are built. These are one-time funds and are not a regular stream of
income.
3. What are these funds intended to be used for?
The primary intent is to create homes that are for workers in Burlingame whose wages
cannot cover market rate rents or home prices. Some examples (not necessarily
exhaustive):
• People who work here now and have to commute in from a location with a lower
cost of living
• People who live here now and are precariously housed due to high cost of rents
compared to their wages
• People who lived or worked in Burlingame previously
4. Have any of the funds been allocated so far?
Yes. The City has provided funds towards a project called Eucalyptus Grove Apartments
that will have 69 units that will be affordable to households at 50% of Area Median Income
1
(AMI) or less. The City is investing approximately $1.5M to allow the project to be fully -
funded (an example of "gap financing"). This is about $21,739 contributed by the City per
unit.
5. How is "affordable" defined? What types of affordability will the CAC
consider?
The County of San Mateo established rates for Average Median Income (AMI). These rates
change each year based on the incomes in the county.
In 2022 the AMIs for San Mateo County were:
• $116,200 household of 1
• $123,800 household of 2
• $149,400 household of 3
• $166,000 household of 4
Housing that would be affordable at the AMI would be classified as "100% AMI' and would
be included in the "Moderate Income" category. The Moderate Income category spans
from 80% AMI to 120% AMI. Housing that is above the 120% AMI level is termed 'Above
Moderate" and can also be termed "Market Rate." More specifically, the term "Market Rate"
refers to units that are not deed -restricted in terms of setting rent levels or sales prices, so
are therefore priced at what the market can bear.
Discussion of income levels can seem abstract when referencing the various percentages of
AMI. To provide better understanding, attached to this document is a table providing
occupation salary examples for a single wage earner. Some examples:
• Hotel Housekeeper - $30,000 (in the range of the Extremely Low Income/30% AMI
category)
• Office Assistant - $62,000 (in the range of the Very Low Income/50% AMI
category)
• Police Officer - $107,000 (in the range of the Median Income/100% AMI category)
• Finance Services Manager - $136,000 (in the range of the Moderate Income/120%
AMI category)
6. What are the levels of affordability in projects currently under
construction or approved in Burlingame?
There are currently 2,412 units either under construction, approved (but not yet issued
building permits), or under review in Burlingame. Together, these are referred to as the
"pipeline" as they indicate the units that could be completed in coming years.
2
For the upcoming Housing Element, the City is obligated to provide sufficient zoning
capacity for 3,257 units at a range of income levels. The table below indicates the Housing
Element allocation, the units in the "pipeline," and the unmet need per the Housing
Element allocations:
Income Level Housing
OE� mim
Very Low Income (50% AMI)
Element
863
Pipeline" Unmet
I
147
Nee
716
Low Income (60% AMI)
497
188
309
Moderate Income (80% AMI)
529
72
457
Above Moderate Income (120% AMI)
1,368
2005
- 637
7. What makes it difficult to have more affordable housing for current
workers in occupations with wages below the San Mateo County/Silicon
Valley Region averages?
Both rents and sales prices of homes on the Peninsula and in California have risen
significantly faster than incomes. While the City of Burlingame's policies can help
encourage the supply of more affordable housing, the City does not currently build housing
or serve as a landlord for residential buildings (though this can be explored, similar to the
partnership in building the Village at Burlingame). What types of housing are available are
determined by private investments and/or non-profit organizations. Developers of
residential properties need to cover their costs and most also need to make a profit to stay
in business.
The cost to build a new unit of housing with prevailing material costs and wages can be
three or four times as expensive as what a person with very low income can spend on rent
or a mortgage. That is a big disparity. Plus, the cost of a down payment for purchase is out
of reach for many households. Home purchases have become increasingly unaffordable for
larger percentages of the population, compared to decades past.
The Burlingame housing funds present an opportunity to provide more homes that are
below market rate.
3
B. How can these funds be used?
The intent of the funds is to provide housing to serve increased demand from new
commercial development. Funds may be used for either new construction or existing
structures, or a mix of both.
If funds are used for existing structures, it would likely be for multi -family buildings.
However, it is also possible to create incentives for single family homeowners to build
Accessory Dwelling Units (ADUs) with below market rents, provided those ADUs are deed -
restricted at affordable rents for a specified period of time).
As potential examples for types of investments, the City could use the funds:
• As a co -investor with other partners — aka providing 'gap" on financing new
construction (such as Eucalyptus Grove Apartments).
• As a purchaser of a existing housing that some other entity would likely manage)
• As a purchaser of land
• To increase the share of affordable units in new developments (e.g. subsidizing
units to increase the number of affordable units in a project, or similar financing
mechanisms)
• To provide incentives for existing properties to provide below market rents
9. What kinds of considerations and trade-offs will this committee be
exploring?
Each potential use of funds has benefits and shortcomings. The committee will be
exploring these as it develops recommendations for the prioritization of funds. These may
include:
• Which kinds of use of funds/incentives will attract willing partners (e.g., among
developers, current property owners and other kinds of collaborators)?
• What are examples of innovative/effective/sustained affordable housing from other
communities?
• How many new homes can be supported at what level of affordability?
• What level of income does the City hope to target? Particular sectors can also be
targeted (people with developmental disabilities, public sector workforce, etc.)
• Do these new homes also provide services/amenities for the residents? For the
community?
51
San Mateo County Area Median Incomes (AMI)
May 2022
Occupation Salary Examples
Single Wage Earner
1 Person HH
2 Person HH
3 Person HH
$39,150
Bank Teller (38K)*
Medical Reception (38K)*
Hotel Housekeeper (30K)*
$44, 750
Janitorial Supervisor (42K)*
Hotel Clerk (40K)*
Phlebotomist (44K)*
$50,350
Bookkeeper (50K)*
Retail Mgr. (50K)*
Case Worker (49K)*
$63,250
Library Assist I (63K)
Office Assist I (62K)
Rec Coordinator I (62K)
$74,600
Acct Assist II (71 K)
Parking Enforce Officer (70K)
Police Clerk II (71 K)
$83, 900
Elem Teacher (80K)
Admin Assist (79K)
Street Maint Work (75K)
* Zip Recruiter - Averages for Burlingame
All other: Mid range salaries from City of Burlingame, BSD or SMUHSD
$104,400
HS Teacher (104K)
Librarian II (91 K)
Accountant II (94K)
$119,300
School Occup Therapist (1 15K)
HR Analyst II (1 1 OK)
City Arborist (1 18K)
$134,200
Middle School Dean (133K)
Police Services Mgr. (134K)
Assoc Engineer (122K)
$116,200
School Social Worker (109K)
Bldg Inspector 1 (105K)
Police Officer (107K)
$132,800
Police Sergeant (130K)
Water Div Mgr. (128K)
Fleet Mgr. (125K)
$149,400
Deputy Finance Dir. (149K)
Transport Program Mgr. (136K)
Vice Prin Elem School (149K)
$139,450
Rec Superindentent (135K)
Finance Service Mgr. (136K)
Library Services Mgr. (135K)
$159,350
Chief Bldg Official (158K)
Planing Mgr. (153K)
Elementary Principal (159K)
$179,300
City Engineer (169K)
Assist City Attorney (166K)
HS Assist Principal (174K)
Burlingame HOPE
CommunityAdvisory Committee
Housing, Opportunity, Priorities and Education
Joint City Council/Planning Commission Meeting
June 14, 2023
4
5
The Housing, Opportunity, Priorities and Education
(HOPE) Community Advisory Committee has been
created to help prioritize investments in affordable
j"ordable
housing that use funds collected from fees on
commercial development.
The primary intent is to create homes for workers and
their families in Burlingame whose wages cannot cover
market rate rents or home prices.
Committee Members
Rhovy Lyn Antonio & Angelina Soldatos, California Apartment Association
Susan Baker, resident and SFO/Burlingame Chamber of Commerce
Elizabeth Barnard, resident and Housing for All Burlingame
Cathy Baylock, resident and former Councilmember
Tish Busselle, St. Paul's Episcopal Church Burlingame and Samaritan House Board Member
Heather Cleary, Peninsula Family Service
Dave Hopkins, resident and Sares Regis
Athan Rebelos, resident and Traffic, Safety and Parking Commissioner
Walker Shores, newer resident and newly appointed Planning Commissioner
City Council Ad Hoc Subcommittee for Housing
• Michael Brownrigg, Mayor
• Donna Colson,Vice Mayor
Consultant Support
• Sandy Council, Good City Company —Affordable Housing Programs Consultant
• Susan Stuart Clark, Common Knowledge — Meeting Process Design & Facilitation
City Staff
• Kevin Gardiner, Community Development Director
• Joseph Sanfilippo, Economic Development & Housing Specialist
UPE GAG Meeting be
Meeting 3
• Trade -Offs
Meeting 2 and
"Baskets"
• Values and
Options
Meeting 1
• Intros & Orientation
Meeting 4
• Shaping
Recommendations
Who Lives Here.?
■ Total Population 31,386 (2020)
40k
30k
2Qk
10k
Ok
1970 1975 1980 1985 1990 1995 2000 2005 2010
Source: U.S. Census Bureau
Who Lives Here.?
$200,000or
more
26%
$150,000 to
$199,999
10%
$100,000 to
$149,999
15%
Under $25,000
13% $25,000 t❑
$34,999
4%
Median Household
Income
$138,344
Median Individual
Income
$80,579
$35,000 t❑
$49,999
8%
$50,000 to
$74,999
12%
$75,000 to
$99,999
12%
Source: US Census Bureau (2020)
Who Lives Here.?
Rent: Own:
49.7% 50.3%
Aopp,,P-
2
Source: 2020 American Community Survey
Who Works Here.?
a a a ■
People working
in Burlingame
28,367
Source: 2019 US Census on the Map
About the Burlingame Community
AMI = Area Median Income
% 1 1 W9A.. $122,500
household
of I
% 1 �9w $140,000
household
of 2
$157,500
household
of 3
$175,000
household
of 4
Based on Federal Income Limits for San Mateo County, effective
61612023
Commercial Linkage Fees and the
HousingTrust Fund
a a a a
y
NEW brings creates
COMMERCIAL NEW JOBS DEMAND FOR
DEVELOPMENT HOUSING
Current Balance (approx.)
Eucalyptus Grove Apartments
Remaining Balance
$897009000
($ 194329138)
$792679862
y , M
w,�r ti
-_-rl-ti
Commercial Linkage Fees and the
HousineTrust Fund
Potential Commercial Linkage Fees
1669-99 Bayshore Hwy
Topgolf
777 Airport Blvd
620 Airport Blvd
1200-1340 Bayshore Hwy
1499 Bayshore Hwy
TOTALS
$1 1,342,250
$355,370
$1090859000
$993709369
$3190459200
$690239325
$68,2211514
$896209000 2023
$3559370 2023
$990739800 2023
$794659855 2024
$24,8369190 2024
$498219860 2025
$5591739075
Housing Development Costs
• Direct Costs (labor/materials)
• Soft Costs (arch/engineering, entitlements,
marketing, etc.)
• Land
• Profit (or Fee)
• Operating Costs — (Rental projects
if
�Ilaws
Affordable Housing Financing Gap - Rental
Capital Required $162,000,000
Bank
$72,000,000
Unfunded
$9090009000
Bank and Tax Credits
Bank
$729000,000
Tax Credits
$749000,000
Gap $16,000,000
Eucalyptus Grove Apartments
• 69 units for Extremely Low
Income and Low Income
households (up to 50%AMI)
• Example of leveraging funds:
City has committed
$1,432,138 towards the
project's financing r'
• Other funding from County, _
plus Federal funds
• Cost to the City:
$20,756 per unit
1
Comparative Costs to Support Affordable
Housing -New Rental Construction
Recent Examples:
• The Village at Burlingame (132 units)
$91 K/Unit VLI, LI, MI
• Eucalyptus Grove Apartments (69 units)
$21 K/Unit ELI,VLI
• Kil<u Crossing, San Mateo (225 units)
$56K/Unit ELI,VLI, LI
i -
' � � . # ''
Gap Financing
Upsides:
• High leverage of funds
• Relatively low cost per unit
compared to full construction
cost
Downsides:
• Lengthy process from project
inception to completion
• Requires relatively large scale to
be financially viable
Property Acquisition - Naturally Occurring
Affordable Housing (NOAH)
Burlingame Market Sample
30 Paloma $2.7M 4-plex (3 I BR, 12BR)
Assume I BR $1,870 2 BR $2, 100
Option I
Option 2
$297009000
$194009000
$1,300,000
$6759000
$3509000
$85,000
Income applied to loan
Property Acquisition
Upsides:
11
Immediate impact
Potential for land banking and future
redevelopment —zoning would allow at
least 6 units (or more with Density Bonus)
Revenue stream from rents
Dispersion of affordable units
Downsides:
High initial cost per unit
Benefits smaller number of households
Considerations
• How many new homes can be
supported at what level of
affordability?
• What level of income does the City
hope to target? Particular sectors can also
be targeted (people with developmental
disabilities, public sector workforce, etc.)
• Do these new homes also provide
services/amenities for the residents?
For the community?
Preference Criteria
Priority I Persons who are salaried employees of
the City of Burlingame, Central County
Fire Department, Burlingame School
District, or Burlingame HS
Priority 2 Persons who live in the City of
Burlingame
Priority 3 Persons who are employed in the City
of Burlingame
Priority 4 Persons who live or work in San Mateo
County
'17
Priority I Persons who are employed in the City
of Burlingame
Priority 2 Persons who live in the City of
Burlingame
Priority 3 Members of the general public
Priority I Persons who are employed in the City
of Burlingame
Priority 2 Persons who live in the City of
Burlingame
Priority 3 Members of the general public
Land Donation
Requests for Proposals (RFP)
Notice of Funding Availability
(NOFA)
Property Acquisition
�P rc
Project Financing Assistance
Partnerships
Notice of Funding Availability
(N O FA)
Property Acquisition
Kespon
ie-. Reams'
►,
l�cr.
lco�onyr/
l�rov'drn
VMIT
f�
"p.s ia�
�rc�xaxr+.
a�Hnr.�
J
J
3
ex�sT�N$
rylCtr�T��it6
A9U't
x
iLzp:_
NO
Quick Deployment
Purchasing existing multi -unit housing
in Burlingame to be able to preserve
low rents and/or reduce rents
Longer Term
Developing City -owned land
or land owned by other public
agencies
Ff
NEW 11 .71
�� THAN KYO V
la -
I -M�
MN�.PL L% .
ON pol,
Lieutenant Kiely suggested that the applicant hire crossing guards to assist with the procession crossing the
street.
Councilmember Keighran amended her motion to deny the special event permit but to allow the applicant to
utilize the alternatives outlined in the staff report and Councilmember Brownrigg's suggestion. She added
that the applicant should work with BPD and determine how best to assure the safety of all, which may
include hiring crossing guards. Councilmember Ortiz seconded the motion. The motion passed by voice
vote, 4-1. (Vice Mayor Beach voted no).
b. ADOPTION OF A RESOLUTION APPROVING THE VACATION OF A 10-FOOT WIDE
PUBLIC UTILITY EASEMENT AT 1568 ALTURAS DRIVE
DPW Murtuza stated that there is an existing public utility easement located within the private property of
1568 Alturas Drive. He stated that the easement was accepted by the City in 1953, and there are no public or
private utilities currently existing in this easement. He explained that the owner has asked that the City
vacate the easement.
Mayor Colson opened the public hearing. No one spoke.
Councilmember Brownrigg made a motion to adopt Resolution Number 84-2019; seconded by
Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0.
10. STAFF REPORTS
a. DISCUSSION OF AFFORDABLE HOUSING FUND PROGRAMS
CDD Gardiner stated that in 2017, the City Council adopted commercial linkage fees for all new commercial
developments, and earlier this year, the Council adopted residential linkage fees for new residential
development. He explained that over time, these fees will provide a dedicated source of funding for
programs supporting workforce housing in Burlingame.
CDD Gardiner stated that the Council has discussed a number of options for how to use the fees to support
workforce housing. He noted that the City has yet to collect any fees. However, there are many projects in
the works, including a mixed used office development, Topgolf, and a new hotel that will generate fees for
the City. He explained that it is estimated that the City will collect between $3.5 and $4.3 million from these
projects in linkage fees. He added that the residential impact fees are harder to predict as the developer has
the choice of either paying the fee or building affordable units in lieu of paying the fee.
CDD Gardiner stated that the City hired Bill Lowell, a consultant, who has worked with the County of San
Mateo Department of Housing and the Home for All initiative, to help the Council determine how best to
utilize the collected fees. He explained that attached to the staff report is a memo from Mr. Lowell providing
an overview of the potential housing fund policies and programs, including information on the approaches of
other jurisdictions.
9
Burlingame City Council July 1, 2019
Approved Minutes
Mr. Lowell explained that he focused on what types of policies other municipalities have adopted for their
affordable housing funds and what processes were enacted to carry out their policies. He stated that 16 cities
in the county currently have ordinances that provide mechanisms for generating affordable housing funds.
The mechanisms include in -lieu fees, dedicated hotel occupancy taxes, and impact fees. He noted that in
reviewing the different cities' policies, most included a brief description of examples of potential uses but no
direction for eligibility or prioritization of uses.
Mr. Lowell stated that he spoke with HEART Executive Director Armando Sanchez and 21 Elements
representative Josh Abrams to get their opinions on how the City should proceed. He explained that both
cautioned against adoption of overly specific policies and instead encouraged the City to adopt "guiding
principles" with a list of eligible uses. He stated that this was because opportunities change quickly,
community needs evolve, and the market conditions change. Therefore, the City needs to be able to adapt.
Mr. Lowell discussed Redwood City's recently adopted policy regarding the allocation of affordable housing
funds. He stated that Redwood City adopted four guiding principles and priorities:
1. New affordable construction including site acquisition
2. Acquisition with or without rehabilitation of existing multi -family housing, which would become
deed restricted
3. Money can be used for rehabilitation for existing deed restricted housing in the city
4. Need to refinance an existing deed restricting property where the deed is expiring.
Mr. Lowell discussed the need to develop a process for the distribution of the funds. He noted that this could
be done in a variety of ways:
1. Notice of Funding Availability ("NOFA") — This is used when a significant amount of funding is
available for well-defined projects. He noted that this process is time consuming and has a fixed time
schedule. He gave the example of the County's Department of Housing that issues a NOFA once a
year for developers of large affordable multi -family projects. He added that the County recently
issued a new NOFA for $27 million.
2. RFP Process — He explained that this process is best for services and small projects. He noted that
the relative informality of the RFP enables the City and the applicant to develop the service or project
together.
3. Over -the -Counter Process — He explained that this option provides the most flexibility. Applications
can be received at any time and, within guidelines and eligibility criteria, for any type of proposed
use. He stated that appropriate City oversight can be protected by setting financial limits on the size
of programs that can be approved by the Department Head/City Manager versus items that require
Council approval.
Mr. Lowell stated that attached to his memorandum are three documents:
1. Attachment A: Potential Priority Goals/Strategies
2. Attachment B: Homelessness Prevention Programs
3. Attachment C: Use of NOFA Process
Mr. Lowell discussed the City's in -lieu option and stated that with this option, Council is addressing the
City's need for moderate income units. Therefore, the affordable housing funds could be used to address
10
Burlingame City Council July 1, 2019
Approved Minutes
low-income and very low-income housing. He noted that the Council should also consider whether the funds
could be leveraged for a larger project.
Mr. Lowell discussed several sources of funding that are available to developers of affordable housing
projects. He stated that it is important to recognize that the City's funds could be just a piece of the puzzle
for a project. He explained how the City could limit its contribution to a project on a per unit basis. He
noted that the County had previously limited its contribution to $50,000 per unit and now contributes up to
$100,000 per unit.
Mr. Lowell explained that based on discussions with staff, he included Attachment B, which addresses
funding for homelessness prevention programs. He stated that the San Mateo County Human Services
Agency ("HSA") contracts with Samaritan to serve as the "front door" for residents needing assistance. He
explained that emergency financial assistance, commonly known as "homelessness prevention," can provide
payments for rent, utilities, and other items that prevent a household from losing their home. He stated that
the logic for providing the assistance is that keeping a family housed prevents the onset of a tremendous
number of other costly and debilitating problems. He noted that Samaritan works with each family to help
the individuals review available assistance to prevent further need.
Mr. Lowell stated that Samaritan will provide financial and statistical data to the City in order to help the
City understand the scope of the issues and the funding requirements. He noted that the initial approximate
estimate of the average cost of assistance during a single episode is $1,700. However, he explained that
there is a feeling that this is moving quickly to the $2,000 to $3,000 range given rising costs.
Councilmember Keighran discussed the homelessness prevention program and asked how it worked and
whether assistance could be given two months in a row. Mr. Lowell stated that Samaritan will review the
family's financials and help them create a plan. He added that Samaritan's emergency assistance isn't for
monthly assistance but rather is a short-term cure.
Councilmember Keighran asked if Samaritan would work with the City and if the landlord is brought into the
emergency assistance discussions. Mr. Lowell stated that the City could provide additional funding to
Samaritan for usage in Burlingame. He explained that Samaritan would make the rental payment directly to
the landlord.
Mayor Colson asked if Samaritan is part of the City's annual Community Service Funding. City Manager
Goldman replied in the affirmative.
Councilmember Ortiz voiced his opinion that affordable housing funds should be utilized on creating new
units and reaching lower income levels. Mr. Lowell replied that prioritizing new affordable housing
construction is critical.
Councilmember Ortiz asked if the City utilized affordable housing funds to rehabilitate units and impose
deed restrictions, would these units then count towards the City's RHNA numbers. CDD Gardiner explained
that he would need to review this as RHNA is usually based on new construction.
11
Burlingame City Council July 1, 2019
Approved Minutes
Vice Mayor Beach noted that Mr. Lowell's memorandum states that: "research leads to the conclusion that
funding homelessness prevention is the most effective and underfunded area related to affordable housing
preservation." She discussed the importance of an emergency assistance program and how it helps to
prevent an even larger problem. She explained that an additional benefit of Samaritan is that because it is an
established program with a proven record, the City wouldn't need to create its own system.
Vice Mayor Beach stated that she believed it was important to also consider preserving existing housing
stock. She asked if she was correct that dollar for dollar, whether the City purchases the units or a nonprofit
purchases them, you have to purchase the whole thing. Therefore, you might not get as much bang for the
buck. Mr. Lowell replied in the affirmative. He explained that if there was $4 million available and the City
put in $100,000 per unit, that is 40 new units. However, if the City has to purchase those units at $400,000
each, it is only 10 new units. He noted that in this sense it is the most expensive solution as there is no
Federal or County fund to help with this.
Vice Mayor Beach discussed the importance of providing below market rate housing as it helps to keep the
local critical workforce including teachers, home healthcare aids, and retail workers. She asked if below
market rate units are built with tax credits, is the City able to establish a preference for certain critical
workforces. Mr. Lowell stated that this is tricky. He explained that under State and Federal law, preferences
can't have unintended discriminatory effects. He stated that the City could establish a preference for
individuals that live and work in Burlingame. However, if the City began to narrow this preference, for
example to individuals that live in a particular neighborhood, the preference could be seen to disadvantage a
protected class of people.
Vice Mayor Beach asked if the project had Federal tax credits, could the City's preference be for those that
live and work in Burlingame. Mr. Lowell replied in the affirmative and added that it is a preference and not
a requirement.
City Attorney Kane explained that the City needs to be careful that it doesn't inadvertently discriminate
against a class of people when creating preferences. She noted that there is a lack of case law on this matter.
Councilmember Brownrigg stated that he didn't believe the Council would be able to come to decisions on
what the principles and processes should be for the City. He discussed the expected $4 million that the City
would soon be receiving in commercial linkage fees. He suggested that the Council hold a meeting to
determine how best to allocate the $4 million.
Councilmember Brownrigg stated that he wanted the City to invest the funds in programs that are likely to
result in a return/ "recycling" of the funds. He gave the example of a first-time homebuyer's program. He
suggested a first-time homebuyer's program for teachers.
Councilmember Ortiz asked if an opportunity comes about and the City has not yet received the predicted
commercial linkage fee funds, is there a way that the City can borrow funds based on the expected fees.
Finance Director Augustine stated that the City would need to establish a policy first.
12
Burlingame City Council July 1, 2019
Approved Minutes
Councilmember Keighran stated that she thought it was important for the Council to discuss what the City's
short-term and long-term goals are for the affordable housing fund prior to allocating funds. She explained
that she agreed with Councilmember Brownrigg that it was important to consider a first-time homebuyer's
program as a way to retain teachers. She noted that it was also important for the City to retain healthcare
providers, especially because of the large senior citizen population in the county.
Councilmember Brownrigg concurred with Councilmember Keighran. He stated that he wanted the Council
to discuss the $4 million in terms of percentages. He gave the example of allocating 25% to homelessness
prevention.
Mayor Colson stated that HEART has a recycling loan program. She explained that the City would lend
HEART funds to bridge the gap in an affordable housing project, and later the funds would be returned to the
City.
Mr. Lowell stated that rehabilitation programs and new construction funding are both structured as loans.
Therefore, he explained to Councilmember Brownrigg's point there would be a "recycling" of funds.
Mayor Colson stated that she agreed with Mr. Lowell's suggestion that the City should create guiding
principles. She added that PCE is undertaking a similar project to Samaritan to assist the public in paying for
their utility bill.
Vice Mayor Beach asked about utilizing the funds for necessary safety improvements to existing multi -unit
buildings in exchange for keeping the existing units at specified affordability levels. Mr. Lowell stated that
he would need to get back to Council with more information.
Councilmember Ortiz asked that the Council schedule a discussion to review the commercial linkage fees
and determine if they should be increased. CDD Gardiner explained that because many cities established
commercial linkage fees a few years ago it has been discussed that the nexus study should be revisited. He
noted that 21 Elements is gathering interest from municipalities in participating in an updated nexus study,
and the City has expressed interest in joining that effort.
Vice Mayor Beach noted that nexus fee studies take time and asked if there was room within the current
nexus study to increase fees. She agreed with Councilmember Ortiz that a discussion should be scheduled.
Mayor Colson asked that staff schedule a discussion on this topic in the fall. Mayor Colson then opened the
item up for public comment.
Burlingame resident Lucy discussed her experience as a renter in Burlingame and asked the Council to enact
renter protections.
Burlingame resident Cindy Cornell discussed the need for renter protections and asked for an emergency rent
cap.
13
Burlingame City Council July 1, 2019
Approved Minutes
Burlingame resident Jack Easterbrook asked the Council to consider individuals that have disabilities and
their need for affordable housing assistance.
Burlingame resident Tom Payne asked the Council to encourage developers to create in -lieu units instead of
paying the fees.
Mayor Colson closed public comment.
Councilmember Brownrigg stated that when the City was debating residential impact fees, the Council set
them high to encourage in -lieu units.
Vice Mayor Beach stated that she has heard that even $3 or $4 million can allow for a project to move
forward, if land is available. Mr. Lowell replied in the affirmative.
Vice Mayor Beach stated that the City doesn't have to wait until there is $25 million to undertake a project;
it could utilize City funds as seed money for a project.
Mayor Colson discussed hotel occupancy taxes and how these taxes were being utilized to assist cities with
creating affordable housing. She stated that this could be an option in the future for sea level rise and/or
affordable housing. She stressed that it was important to continue to allow the thoughtful development of
commercial building in the city as it provided for local jobs and was another revenue source for the City.
Mayor Colson asked if staff had been provided adequate direction. CDD Gardiner replied in the affirmative.
He explained that staff would bring back to Council options for general policy decisions.
b. UPDATE ON THE NEW COMMUNITY CENTER PROJECT
Parks and Recreation Director Glomstad gave an update on the City's Community Center project.
Parks and Recreation Director Glomstad explained that in order to keep the cost under the requested $50
million, certain items have been removed from the project including:
• Reduced extent of concrete seat walls
• Removed retaining wall and seat wall around Community Hall lawn
• Reduced concrete leaf imprint area (limited to Community Hall)
• Reduced extent of glazing
• Removed motorized operable windows
• Removed selected skylights
• Removed elevator #2
• Reduced furniture, fixtures, and equipment budget by reusing existing furniture and equipment where
feasible
14
Burlingame City Council July 1, 2019
Approved Minutes
I
BURLINGAMESTAFF • R
Avovw
To: Honorable Mayor and City Council
Date: June 20, 2023
From: Mike Matteucci, Chief of Police
/_CelA\IDLE\Ce�Papi
MEETING DATE: June 20, 2023
Subject: Discussion of Executing a New Five -Year Automated License Plate Reader
(ALPR) Agreement with Flock Group, Inc.
RECOMMENDATION
Staff recommends that the City Council discuss whether it wishes to enter into a new five-year
agreement with Flock Group Inc. to provide Automated License Plate Readers (ALPRs) to the City
of Burlingame, until 2028.
BACKGROUND
On April 4, 2022, the City Council approved the deployment of Automated License Plate Readers
(ALPRs) in Burlingame. On May 31, 2022, the City signed an agreement with Flock Group Inc.
(attached) to provide ALPR services at a rate of $2,500 per ALPR, per year. The initial term of the
agreement is for two years, until 2024, with an optional renewal term of two additional years, until
2026. Either party may terminate the agreement after the initial term.
DISCUSSION
Flock Group Inc. has advised the Police Department that the price will increase to $3,000 per ALPR,
per year, upon the expiration of the current, initial term in 2024. Although there is a two-year
extension clause (up to 2026) in the current agreement, Flock Group Inc. advised that they will not
extend the current agreement at the current rate beyond the initial term, which expires in 2024.
However, Flock Group Inc. has offered to keep the rate of $2,500 per ALPR, per year, if the City
enters into a new five-year agreement that would begin in 2023 and terminate in 2028.
The new agreement would replace the current agreement. All of the terms and conditions, other
than the agreement length, would remain the same.
Thus far the ALPR program in Burlingame has been quite successful (see attached statistics), with
no incidents of concern, and Flock Group Inc.'s products and customer service have been
excellent. Should the City Council wish to take advantage of the discounted pricing, then staff will
return to the Council for approval of the new agreement.
1
Automated License Plate Reader (ALPR) Agreement Discussion June 20, 2023
FISCAL IMPACT
There is no fiscal impact associated with this report. However, should the City Council approve
entering into a new five-year agreement with Flock Group Inc., the total cost of the five-year
agreement would be $242,500. The City would save approximately $36,000 over the life of the new
agreement verses the amount it would expend should the City enter into a new agreement at the
higher per ALPR cost upon the termination of the current agreement next year.
Exhibit:
• Agreement with Flock Group Inc.
• ALPR Statistics Report
2
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc.
("Flock") and the customer identified below ("Agency") (each of Flock and Customer, a "Party"). This order form
("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY AGREEMENT" attached (the "Terms")
which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The
Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the "Effective Date")
Agency: CA - Burlingame PD
Legal Entity Name:
Address:
I I I I Trousdale Dr
Burlingame, California 94010
Expected Payment Method:
Contact Name: Bob Boll
Phone: (650) 777-4177
E-Mail: boll@burlingamepolice.org
Billing Contact:
(if different than above)
Initial Term: 24 months Billing Term: Annual payment due Net 30 per terms
Renewal Term: 24 months and conditions
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
Name
Price
QTY
Subtotal
Flock Safety Advanced Search <25 Falcons
$2,500.00
1.00
$2,500.00
Professional Services - Falcon, Standard
Implementation
$350.00
12.00
$4,200.00
Falcon Camera
$2,500.00
17.00
$42,500.00
Professional Services - Falcon/Sparrow, Advanced
Implementation
$750.00
5.00
$3,750.00
(Includes one-time fees)
Year 1 Total $52,9500.00
Recurring Total: $45,000.00
Special terms:
• N/A
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this
agreement.
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms
and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth
below.
FLOCK GROUP, INC. Agency: CA - Burlingame PD
DocuSigned by:
DocuSigned by:
E
aV� �w1i�%, �S& k i bkj M,
By: ACSC931454C24F3.. By:
Mark Smith Lisa K. Goldman
Name: Name:
General Counsel
Title:
5/31/2022
Date:
Title:
City Manager
5/31/2022
Date:
By:
DocuSigned by:
h G l.abl,
Meaghan Hassel -Shearer
Name:
Title:
City Clerk
5/31/2022
Date:
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
frock safety
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a
place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police department or
government agency identified in the signature block of the order form ("Agency") (each a "Party," and together, the
"Parties").
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock's
technology platform (the "Flock Service"), and upon detection, the Flock Services are capable of capturing audio,
image, and recordings data of suspected vehicles ("Footage") and can provide notifications to Agency upon the
instructions of Non -Agency End User ("Notifications");
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock
provided Hardware (as defined below) in order to create, view, search and archive Footage and receive
Notifications, including those from non -Agency users of the Flock Service (where there is an investigative or bona
fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;
WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting,
downloading and archiving Footage from the Flock System on its own storage devices for auditing for
prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and
conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide
investigations by police departments, and archiving for evidence gathering ("Purpose").
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this
Agreement.
1. DEFINITIONS
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Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this
Section 1.
1.1 "Agency Data' will mean the data, media and content provided by Agency through the Services. For the
avoidance of doubt, the Agency Data will include the Footage.
1.2. `Agency Hardware " shall mean the third -party camera owned or provided by Agency and any other physical
elements that interact with the Embedded Software and the Web Interface to provide the Services. The term
"Agency Hardware " excludes the Embedded Software
1.3 "Authorized End User(s)" shall mean any individual employees, agents, or contractors of Agency accessing or
using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
1.4 "Documentation" will mean text and/or graphical documentation, whether in electronic or printed format, that
describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance
with the terms of this Agreement.
1.5 "Embedded Software" will mean the software and/or firmware embedded or preinstalled on the Agency
Hardware.
1.6 "Flock IP" will mean the Services, the Documentation, the Embedded Software, the Installation Services, and
any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in
connection with the foregoing.
1.7 "Footage" means still images captured by the Agency Hardware in the course of and provided via the Services.
1.8 "Hardware" or "Flock Hardware" shall mean the Flock cameras or device, pole, clamps, solar panel,
installation components, and any other physical elements that interact with the Embedded Software and the Web
Interface to provide the Flock Services. The term "Hardware" excludes the Embedded Software.
1.9 "Implementation Fee(s)"means the monetary fees associated with the Installation Services, as defined in
Section 1.10 below.
1.10 "Installation Services" means the services provided by Flock including any applicable installation of
Embedded Software on Agency Hardware.
1.11 "Non Agency End User(s)" shall mean any individual, entity, or derivative therefrom, authorized to use the
Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar)
of this Agreement.
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1.12 "Services" or "Flock Services" means the provision, via the Web Interface, of Flock's software application for
automatic license plate detection, searching image records, and sharing Footage.
1.13 "Support Services" shall mean Monitoring Services, as defined in Section 2.9 below.
1.14 "Unit(s)" shall mean the Agency Hardware together with the Embedded Software.
1.15 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services.
1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users
can access the Services in accordance with the terms of this Agreement.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive,
non -transferable right to access the features and functions of the Services via the Web Interface during the Service
Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for
Agency 's designated administrator, listed on the order form, and any Authorized End Users to access via the Web
Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password
and username ("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and
using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or
omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement,
shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all
Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of
the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of
one or more third parties to deliver any part of the Services, including without limitation using a third party to host
the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by
said third party service providers are the agency's sole and exclusive remedy and flock's sole and exclusive liability
with regard to such third -party services, including without limitation hosting the web interface. Agency agrees to
comply with any acceptable use policies and other terms of any third -party service provider that are provided or
otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-
exclusive, non -transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the
Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency
to use the Services.
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2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-
exclusive, non -transferable right and license to use the Documentation during the Service Term to Agency 's in
connection with its use of the Services as contemplated herein, and under Section 2.4 below.
2.4 Usage Restrictions.
a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely
to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government
agency and not for tracking activities that the system is not designed to capture ("Permitted Purpose"). Agency will
not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile,
disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software
component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the
source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency
acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such
source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any
of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere
or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove,
obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of
the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than
the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as
security or otherwise encumber, Agency's rights under Sections 2.1, 2.2, or 2.3.
b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that
title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to
remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.
However, Agency may take appropriate action to remove the hardware in an emergency situation. In any such
instance, Agency will provide notice to Flock regarding such action within 72 hours. Notwithstanding the notice and
cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any
of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall
be subject to immediate termination (without opportunity to cure) for material breach by Agency.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock
and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency
acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by
this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock's sole discretion. There are no implied rights.
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2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend
Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Hardware if (i) Flock
reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency 's or any Authorized End
User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock;
(c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's
provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of
Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable
Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to,
utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this
Section 2.6, a "Service Suspension"). Flock will make commercially reasonable effortsto provide written notice of
any Service Suspension to Agency (including notices sent to Flock's registered email address), and to provide
updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will provide written
notice to Agency if such suspension is due to provisions (c), (d) or (e) noted above. Flock will make efforts to
resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service
Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or
profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service
Suspension. To the extent that the Service Suspension is not caused by Agency's direct actions or by the actions of
parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for
any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency 's
account that have been impacted.
2.7 Installation Services.
2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the
Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image
capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and
angle of the Units (each Unit location so designated by Agency, a "Designated Location"). Flock shall have final
discretion on location of Units; however, Agency may, in their sole discretion, decline to place a camera at any
location.. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage
resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in
confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including
having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the
Designated Location. After installation, any subsequent changes to the deployment plan ("Reinstalls") will incur a
charge for Flock's then -current list price for Reinstalls, as listed in the then -current Reinstall Policy (available at
https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not
limited to camera re -positioning, adjusting of camera mounting, re -angling, removing foliage, camera replacement,
changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of
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criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock
Hardware.
2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near
the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the
installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require
a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is
not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if
necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the
permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property,
license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become
applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding
tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of
the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized
equipment or vehicles, third -party personnel (i.e. Traffic Control Officers, Electricians, State DOT -approved poles,
etc., if necessary), such costs to be approved by the Agency ("Agency Installation Obligations"). In the event that a
Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location
for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units
from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to
supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and
understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of
Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension
of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any
responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them
prior to the execution of this Agreement or a third party requires Flock to pay. Agency agrees to review all proposed
Designated Locations, and Agency's agreement to a location is a representation that Agency has the authority to
place the Hardware at that specific Designated Location. .
2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in
accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable
time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware
and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall
cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the
Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after
the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure
of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware.
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Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical
maintenance to Agency Hardware.
2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the
natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which
would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the
Flock Services, Flock may remove Hardware at Flock's discretion. Such removal, if made by Flock, shall not be
deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Agency's default and Flock shall
have the right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this
Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions,
including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials
are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall
have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of
Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services,
or the Designated Locations which may improve the performance or functionality of the Services or may improve
the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the
Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services").
Subject to the terms hereof, Flock will provide Agency with reasonable technical and on -site support and
maintenance services ("On -Site Services") in -person or by email at supportAflocksafety.co . Flock will use
commercially reasonable efforts to respond to requests for support.
2.10 Special Terms. From time to time, Flock may offer certain "Special Terms" related to guarantees, service and
support which are indicated in the proposal and on the order form and will become part of this Agreement, upon
Agency's consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms,
the Special Terms shall control.
2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it
deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to its
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Agency s, (b) the competitive strength of, or market for, Flock's products or services, (c) such platform or system's
cost efficiency or performance, or (ii) to comply with applicable law.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Flock will assist Agency end -users in the creation of a User ID. Agency agrees to provide
Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name
that Agency does not have the right to use, or another person's name with the intent to impersonate that person.
Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not
share its account or password with anyone, and must protect the security of its account and password. Agency is
responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining
any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its
own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency
facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may
be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any
obligations with respect to Support Services or any Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use
the Services only in compliance with this Agreement and all applicable laws and regulations, including but not
limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no
obligation to monitor Agency 's use of the Services, Flock may do so and may prohibit any use of the Services it
believes may be (or alleged to be) in violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and state -specific Public Records Acts, each Party
(the "Receiving Parry") understands that the other Party (the "Disclosing Party") has disclosed or may disclose
business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as
"Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public
information regarding features, functionality and performance of the Services. Proprietary Information of Agency
includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to
enable the provision of the Services, which includes but is not limited to geolocation information and environmental
data collected by sensors built into the Units ("Agency Data"). The Receiving Party agrees: (i) to take the same
security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party
takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to
protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise
permitted herein) or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary
Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits
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Agency 's neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party
agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a)
is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the
Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently
developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will
prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental
order, or in the investigation or pursuit of ordinary law enforcement activity by the Agency. Should Flock determine
that Proprietary Information of the Agency need to be released, Flock will give Agency reasonable prior notice of
the disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law
enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good
faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal
process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect,
prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock,
its users, a third party, or the public as required or permitted by law, including respond to an emergency situation.
Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during
and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement
monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for law
enforcement investigative purposes only. Flock may store deleted Footage in order to comply with certain legal
obligations but such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are
retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty -free, worldwide license
to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to
provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9
above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty -free, fully paid license to use, reproduce,
modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below). As
between Agency and Non -Agency End Users that have prescribed access of Footage to Agency, each of Agency and
Non -Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement
does not by itself make any Non -Agency End User Data the sole property or the Proprietary Information of Agency.
Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view,
save and/or transmit Footage to the relevant government agency prior to its deletion.
4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or
other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and
representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or
resulting from any of the foregoing.
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4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to
collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and
other information relating to the provision, use and performance of various aspects of the Services and related
systems and technologies (including, without limitation, information concerning Agency Data and data derived
therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any
personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated
data based on Agency Data input into the Services (the "Aggregated Data"). Agency hereby grants Flock a non-
exclusive, worldwide, perpetual, royalty -free right and license (during and after the Service Term hereof) to (i) use
and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and
corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both
inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide
Footage search access to law enforcement for law enforcement investigative purposes only. No rights or licenses
are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data.
5. PAYMENT OF FEES
5.1a Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as
described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or
before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any
delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay
the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in
advance of each payment period. All payments will be made by either ACH, check, or credit card.
5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the
first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto,
together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt of initial
invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five
percent (25%) of the Initial Fees, and Agency shall pay on or before 301h day following receipt of invoice. Upon
completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before
30'h day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and
until the first payment has been made and shall have no liability resulting from any delay related thereto. For a
Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30'h day following receipt of
invoice.
5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges
and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such
Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that
Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date
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on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure
to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a
result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for
invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.
If Agency is a non -tax exempt entity, Agency shall be responsible for all taxes associated with Services other than
U.S. taxes based on Flock's net income.
6. TERM AND TERMINATION
6.la Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the
period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon execution of this
Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will
automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order
Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either parry gives
the other party notice of non -renewal at least thirty (30) days prior to the end of the then -current term.
6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for
the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon first installation
and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement
will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a "Renewal
Term", and together with the Initial Term, the "Service Term") unless either party gives the other party notice of
non -renewal at least thirty (30) days prior to the end of the then -current term.
6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the
service may self -elect to terminate this Agreement for convenience. Termination for convenience will result in a
one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon
Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay
the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will
invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that
Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be
effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own
convenience, within a commercially reasonable period of time upon termination.
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach
of this Agreement, the non -breaching party may terminate this Agreement prior to the end of the Service Term by
giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not
terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either
party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of
insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit
of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock's
material breach, Flock will refund to Agency a pro-rata portion of the pre -paid fees for Services not received due to
such termination.
6.5 No -Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to `hot -
list' alerts, which may include `hot tags', stolen vehicles, Amber Alerts, etc. ("No -Fee Term"). In the event a Non -
Agency End User grants Agency access to Footage and/or Notifications from a Non -Agency End User Unit, Agency
will have access to Non -Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day
retention policy. Non -Agency End Users and Flock may, in their sole discretion, leave access open. The No -Fee
Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional
No -Fee Terms or can impose a price per No -Fee Term upon thirty (30) days' notice. Agency may terminate any No -
Fee Term or access to future No -Fee Terms upon thirty (30) days' notice.
6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to
payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect'), Agency must
notify Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock
shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering
from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of
remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test
shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a
Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or
damaged, Agency may request that Flock replace the Unit at a fee according to the then -current Reinstall Policy
(https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost,
damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be
materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to
Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
Flock is under no obligation to replace or repair Hardware.
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the
Flock Hardware, Agency Hardware or Embedded Software in any manner.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean
and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond
Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail
of any scheduled service disruption.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY 'S SOLE REMEDY, AND
FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED
"AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE
EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF
NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA.
7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably
commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request.
7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause
beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist
acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes,
weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of
Agency or any Authorized End User.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR
IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC
DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME
PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE
SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR
OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY,
AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF
LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF
THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE
LAW OF THE STATE OF GEORGIA.
8.2 Additional No -Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS
DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties
acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No -Fee Term
described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would
have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has
relied on these limitations in determining whether to provide the complimentary No -Fee Term. The limitations set
forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this
Agreement.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and
omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official
duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own
officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims
or actions against Flock's suppliers.
8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities,
settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2,
a breach of this Agreement, Agency's Installation Obligations, Agency's sharing of any data in connection with the
Flock system, Flock employees or agent or Non -Agency End Users, or otherwise from Agency's use of the Services,
DocuSign Envelope ID: F57CDE9E-389A-4B18-A71E-C78EDA14BE9F
Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any
applicable law or third party right. Although Flock has no obligation to monitor Agency's use of the Services, Flock
may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2
or this Agreement.
9. RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and
federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of
Agency's consideration for paid access and no -fee access to the Flock System, to the extent that Flock is required by
local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable
retention period, and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock
be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.
10. MISCELLANEOUS
10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and
effect and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock's
prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this
Agreement without consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then -current Reinstall Policy
(https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the subject matter of this Agreement, and that all
waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of
Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such
conflicting terms are expressly rejected.
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10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement
and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.
10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is
located. The parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is
located. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its
entirety from this Agreement.
10.6 Publicity. Only upon prior written consent from Agency, Flock may have the right to reference and use
Agency's name and trademarks and disclose the nature of the Services provided hereunder in each case in business
and development and marketing efforts, including without limitation on Flock's website.
10.7 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock
IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the
United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services,
the Hardware, the Embedded Software and Documentation are "commercial items" and according to DFAR section
252.2277014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software
documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification,
reproduction, release, performance, display, or disclosure of such commercial software or commercial software
documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be
prohibited except to the extent expressly permitted by the terms of this Agreement.
10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the
Agreement or interpreting the associated Sections.
10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and
have the authority to sign on behalf of and bind the organizations and individuals they are representing.
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10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given
when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-
mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt,
if sent by certified or registered mail, return receipt requested.
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ALPR Statistics Report
Evil Iilk rem. A
• 91 Alerts (85 stolen vehicles, 6 felony -want vehicles):
o Unable to locate: 77
o Located parked and unoccupied: 4 (all vehicles recovered)
o Located parked and occupied: 7 (all vehicles recovered, all but one driver
arrested, and no incidents of force)
o Located driving and occupied: 3 (all vehicles stopped without incident, all
vehicles recovered, all but one driver arrested, and no incidents of force).
• 2,475 Investigative Searches:
o Criminal Investigations: 2,332
o Missing Persons: 38
o Other (lost vehicle, lost plates, etc.): 105
Monthly Averages:
• 23 Alerts (21 stolen vehicles, 2 felony -want vehicles):
o Unable to locate: 19
o Located parked and unoccupied: 1
o Located parked and occupied: 2
o Located driving and occupied: 1
• 619 Investigative Searches:
o Criminal Investigations: 583
o Missing Persons: 10
o Other (lost vehicle, lost plates, etc.): 26
Break Down by Month:
February:
• 11 Alerts (9 stolen vehicles, 2 felony -want vehicles):
o Unable to locate: 8
o Located parked and unoccupied: 2 (both stolen vehicles recovered)
o Located parked and occupied: 1 (driver fled on foot and was not
located/apprehended, stolen vehicle recovered)
• 532 Investigative Searches:
o Criminal Investigations: 499
o Missing Persons: 1
o Other (lost vehicle, lost plates, etc.): 32
• Success Stories:
o On February 7t", a hit and run collision occurred near Rollins Rd and
Broadway. The victim was able to provide a vehicle description but was
unable to obtain the license plate. An ALPR search of the area for similar
vehicles revealed a license plate of possible suspect vehicle. The vehicle
was later located parked in front of the registered owner's residence having
damage consistent with the hit and run collision. The registered owner was
contacted and subsequently admitted to being involved in the collision. The
case has been forwarded to the DA for potential prosecution. The suspect
vehicle probably never would have been found without ALPRs.
o On February 26t', officers were advised of an ALPR hit for a stolen vehicle
near the area of Rollins Rd and Broadway. The vehicle was located parked in
a nearby gas station with a subject standing nearby. The subject fled from
officers on foot and was never found. The vehicle; however, was recovered
along with tools commonly used to steal catalytic converters. This ALPR hit
probably saved several Burlingame residents from later catalytic
converter thefts.
March:
• 18 Alerts (all stolen vehicles):
o Unable to locate: 16
o Located parked and unoccupied: 1 (vehicle recovered)
o Located parked and occupied: 1 (driver arrested without incident and vehicle
recovered)*
• 752 Investigative Searches:
o Criminal Investigations: 705
o Missing Persons: 15
o Other (lost vehicle, lost plates, etc.): 32
• Success Stories:
o *On March 30', officers were advised of an ALPR hit for a stolen vehicle in
the area of Broadway and Rollins Rd. Patrol officers located the vehicle
parked and occupied by two individuals. The driver was subsequently
arrested for possession of the stolen vehicle and possession of illegal
narcotics (found during a search incident to arrest).
April:
• 33 Alerts (31 stolen vehicles, 2 felony -want vehicles):
o Unable to locate: 30
o Located parked and occupied: 1 (vehicle plate recovered, no arrest made)
o Located driving and occupied: 1 (driver arrested without incident and vehicle
recovered)*
o Located parked and occupied: 1 (driver arrested without incident and vehicle
recovered)**
• 380 Investigative Searches:
o Criminal Investigations: 360
o Missing Persons: 4
o Other (lost vehicle, lost plates, etc.): 16
• Success Stories:
o *On April 11t", officers were advised of an ALPR hit for a stolen vehicle in the
area of Murchison Dr and California Dr. Patrol officers located the vehicle
travelling in the 800 block of California Dr. The vehicle was stopped and the
driver was arrested without incident for possession of the stolen vehicle and
other drug related charges.
o **On April 19t", officers were advised of an ALPR hit for a stolen vehicle in the
area of Beach Rd and Airport Blvd. Patrol officers located the vehicle parked
and occupied in the 1000 block of Airport Blvd. The driver was contacted and
arrested without incident for possession of the stolen vehicle.
May:
• 29 Alerts (27 stolen vehicles, 2 felony -want vehicles):
o Unable to locate: 23
o Located parked and unoccupied: 1 (vehicle recovered)
o Located parked and occupied: 3 (all drivers arrested and all vehicles
recovered)
o Located driving and occupied: 2 (one driver arrested without incident, one
driver released without incident (no crime) and both vehicles recovered)
• 811 Investigative Searches:
o Criminal Investigations: 768
o Missing Persons: 18
o Other (lost vehicle, lost plates, etc.): 25
• Success Stories:
o On May 3rd, officers received an ALPR alert that a stolen vehicle entered
Burlingame at Bayshore Hwy and Cowan Blvd. The vehicle was located
parked nearby and a high risk stop was initiated by responding units; however,
the suspect refused to exit the vehicle. Officers talked with the suspect for
approximately 1-hour and he eventually exited the vehicle without incident. He
was placed under arrest for possession of the stolen vehicle, warrants, and
possession of drug paraphernalia. This incident could easily have been
escalated unnecessarily, and possibly ended tragically, if not for the patience
and good judgement displayed by the responding officers.
o On May 16t", officers received an ALPR alert of a stolen vehicle in the area of
Rollins Rd and Guittard Rd. Officers located the vehicle driving in that area,
affected a traffic stop, took the driver into custody without incident, and
recovered the vehicle.
o On May 16t", officers received an ALPR alert that a stolen vehicle entered
Burlingame at California Dr and Peninsula Ave. Officers located the vehicle
driving in that area and affected a traffic stop. After a short investigation it
was determined the driver was the victim of a fraud as it related to the
purchase of the vehicle. He was released at the scene without incident and
the vehicle was recovered.
o On May 23rd, officers received an ALPR alert of a stolen vehicle in the area of
Broadway and Rollins Rd. Officers located the vehicle parked and occupied
in that area. The driver was contacted and arrested without incident for
possession of the stolen vehicle and additional drug related charges.
o On May 28th, officers received an ALPR alert that a stolen vehicle entered
Burlingame at California Dr and Peninsula Ave. Officers located the vehicle
parked and occupied in the area. The driver was contacted and subsequently
arrested without incident for possession of the stolen vehicle, additional drug
related charges and possession of additional stolen items.
o On May 30t", Officers received an ALPR alert that a stolen vehicle entered
Burlingame at Airport Blvd and Beach Rd. The vehicle was located parked
and unoccupied in the area. The vehicle was subsequently recovered.