DEPARTMENT
Water Resources Division
AGENDA NO.
11 MEETING DATE
January 11, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Authorize Memorandum of Agreement with City of San Bruno to Fund Reimbursement of Planning, Design, and Engineering Costs for the Provision of Additional Emergency Water Storage Related to Regional Groundwater Storage and Recovery Project (Project No.
CUW30103): Regular Calendar
Project Manager: Obi Nzewi
Authorize Memorandum of Agreement with City of San Bruno
Summary of
Proposed
Commission Action:
Authorize the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute, on behalf of the City and County of San Francisco, a Memorandum of Agreement (MOA) with the City of San Bruno to provide reimbursement for the planning, design, engineering and construction of an additional 1 MG of emergency water storage in San Bruno's pressur e Zone 1/4 at the Cunningham Tank site (“Tank 1”), for a total storage capacity of 3.5 MG as part of the operation of the Regional Groundwater Storage and Recovery (RGSR) Project. The MOA would require total payments of up to $314,500 with a duration not-to-exceed 24 months.
Background: The RGSR Project is a key water supply project included in the Water System Improvement Program (WSIP). The RGSR Project will allow the SFPUC to store water in the South Westside Groundwater Basin, providing a new dry-year groundwater supply and increasing water supply reliability. The RGSR Project would also provide drinking water for emergency supply in the event of an earthquake or other major catastrophe for the benefit of the Regional Water System.
The SFPUC approved the implementation of the RGSR Project for the purposes of the California Environmental Quality Act (CEQA) on August 12, 2014 by Resolution No. 14-0127 following certification of the RGSR Project Environmental Impact Report by the San Francisco Planning Department on August 7, 2014 in its Motion No. M-19209 (Case
No. 2008.1396E). Supplemental environmental review will need to be completed prior to construction of an additional 1 MG of water storage at the Cunningham Tank site.
In Resolution No. 14-0127, the Commission also approved an Agreement: Authorize Memorandum of Agreement with City of San Bruno to Fund Reimbursement of Planning, Design, and Engineering Costs for the Provision of Additional Emergency Water Storage Related to Regional Groundwater Storage and Recovery Project
Commission Meeting Date: January 11, 2022
agreement entitled “Agreement for Groundwater Storage and Recovery from the Southern Portion of the Westside Basin by and among the San Francisco Public Utilities Commission, the City of San Bruno, the City of Daly City, and California Water Service Company” (Operating Agreement). Under Section 6.3.3 of the Operating Agreement, the SFPUC must fund the design, engineering, planning, and construction costs for providing an additional one million gallons (MG) of emergency water storage, or an alternative providing equivalent benefits, in San Bruno pressure zone 1/4. The additional volume of water storage will enable San Bruno to continue to provide water for firefighting during periods of RGSR Project groundwater storage when pumping from San Bruno’s existing wells would be reduced to facilitate “in lieu” recharge of groundwater under the terms of the Operating Agreement. Following the completion of planning, design and any necessary review under the CEQA to be funded under the proposed MOA, a portion of the construction cost of the new tank will also be funded by SFPUC under a construction funding MOA that will be brought to the Commission for future approval .
Total planning and engineering costs to increase the capacity of San Bruno’s existing Cunningham storage tank are $447,000, including a 10% contingency. The SFPUC’s not-to-exceed share of these costs is $314,500, based on an agreed upon allocation ratio of 70.37% for SFPUC and 29.63% for San Bruno (Attachment A) that reflects the relative benefits of additional storage to the RGSR Project and San Bruno.
Description of
Agreement:
Parties to Agreement: The City of San Bruno and the City and County of San Francisco, by and through
the SFPUC.
Purpose: The MOA would provide reimbursement
for the planning, design, engineering and
CEQA review of an additional 1 MG of
emergency water storage in San Bruno's
pressure Zone 1/4 at the Cunningham Tank
site, for a total storage capacity of 3.5 MG,
as part of the operation and in accordance
with the terms of the RGSR Project
Operating Agreement.
Location: Cunningham Tank site in San Bruno and
southern portion of the Westside
Groundwater Basin.
Commencement
Date:
The MOA will become effective upon
execution by the parties.
Agreement: Authorize Memorandum of Agreement with City of San Bruno to Fund Reimbursement of Planning, Design, and Engineering Costs for the Provision of Additional Emergency Water Storage Related to Regional Groundwater Storage and Recovery Project
Commission Meeting Date: January 11, 2022
Result of Inaction: The terms of the Operating Agreement and the completion and future operation of the RGSR Project require the continued cooperation of the SFPUC and San Bruno, Daly City, and the California Water Service Company. Failure to fund the additional storage in San Bruno could adversely impact the ability to meet WSIP dry year water delivery objectives.
Budget & Costs: Total planning and engineering costs to increase the capacity of San Bruno’s existing Cunningham storage tank are $447,000, including a 10% contingency. The SFPUC’s not-to-exceed share of these costs is $314,500. Funds will be available upon execution from Project No.
CUW30103 Regional Groundwater Storage and Recovery Project.
Schedule: Services are anticipated to begin in February 2022 and end in February 2024. The total duration of this agreement is twenty-four (24) months.
Environmental
Review:
Execution of this MOA does not constitute a project under the CEQA Guidelines Section 15378 because the action would not result in a physical change in the environment as the scope of the MOA is limited to planning, design, and environmental review activities.
Environmental review would be completed under the CEQA prior to any subsequent action by the Commission to allocate construction costs for the additional water storage at the Cunningham Tank site.
Authorization to execute this MOA is not an approval to construct the additional water storage at the Cunningham Tank site and this Commission retains discretion to, among other things, modify the design to mitigate significant environmental impacts, require the implementation of specific measures to mitigate any significant environmental impacts, or reject it following completion of environmental review.
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachment(s): 1. Memorandum of Understanding
2. Exhibit A – Schedule of Planning, Design, CEQA Review, Surveying and Related PM Oversight Costs
3. Exhibit B – Cunningham Tank Site Vicinity Map and Site Plan Drawings
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The Regional Groundwater Storage and R ecovery (RGSR) Project is a key water supply proj ect included in the Wa ter System Improv ement Program (WSIP). The RGSR Project will allow the SFPUC to store water in the South Westside Groundwate r B asin, providing a new dry-year groundwater supply and increasing water supply reliability. The RGSR Project would also provide drinking water for emergency supply in the event of an earthquake or other major catastrophe for the benefit of the Regional Water System; and WHEREAS, Under the RGSR Project, t he SFPUC and the City of San B runo (San Bruno) propos e a component to add one million gallons of emergency water storage in San Bruno's pressure Zone 1/4 at the Cunningham Tank site (Tank 1), for a total st orage capacity of
3.5 MG (the Cunningham Tank Capacity Project); and
WHEREAS, The proposed Cunningham Tank Capacity Project is t he result of an analysis performed by SFPUC and the City of San Br uno under a Memorandum of Understanding (MOU). On January 14, 2014, by Resolution No. 14- 0008, the SFPUC approved the MOU to perform an emergency water alternatives analysis, funded by the SFPUC at a total cost of $65,000, which the San Bruno City Council likewise approved on Mar ch 11, 2014, by Resolution No. 2014-36. The resulting anal ysis, issued in November 2014, reviewed six alternatives to p roviding emergency water to San Bruno pressure zone 1/4. The MOU expired June 14, 2015; and
WHEREAS, On August 12, 2014, by Resolution No. 14-0127, t he SFPUC approved implementation of Project No. CUW30103, the R GSR Project , following certification of the RGSR Project Envi ronmental Impa ct Report under the California En vironmental Quality Act (CEQA) by the San Francisco Planning Commission on August 7, 2014 in its Motion No. M - 19209 (Case No. 2008.1396E); and
WHEREAS, By Resolution No. 14-0127, the SFPUC also approved an “Agreement for Groundwater Storage and Recovery fr om the Sothern Portion of the Westside Basin by and Among the San Francisco Public Utilities Commission, the City of San Bruno, the City of Daly City, and California Water Service Company,” which the San Bruno City Council likewise approved on September 23, 2014, by Resolution No. 2014-103 (“Operating Agreement”); and WHEREAS, Under Section 6.3.3 of the Operating A greement, the SFPUC must fund an additional one million gallons (MG) of emergency water storage, o r a n alternative providing equivalent benefits, in San Bruno pressure zone 1/4; and WHEREAS, A Memorandum of Agreement (MOA) is necessary for the SFPUC and San Bruno to pursue the planning, envir onmental review, design, and e ngineering for the p roposed additional one million gallons of emergency water storag e in San Bruno's pressu re Zone 1/4 at the Cunningham Tank site; and
WHEREAS, San Bruno has prepared a scope of work and cost estimate for undertaking planning, design and engineering work for the Cunningham Tank Cap acity Project and has agreed to share costs for this work with the SFPUC , with the total estimated costs of $ 447,000, including a 10% contingency for cost overruns, apportioned 29.63% to San Bruno ($132,500) and 70.37% to the SFPUC ($314,500); and
WHEREAS, Planning, design and envi ronmental review under the CEQA i s anticipated to begin in February 2022 and end in October 2024, and the total duration of this agreement is twenty-four (24) months; and
WHEREAS, The scop e of the MOA is limited to pla nning, design, and environmental review activities and doe s not authorize the construction of the addition al water storage at the Cunningham Tank or a funding contribution by the SFPUC to enable such construction by San Bruno; and
WHEREAS, Execution of this MOA does not constitute a project under the CEQA Guidelines Section 15378 because the actio n would not r esult in a physical change in the environment as the scope of the MOA is limited to pla nning, design, and environmental review activities; and
WHEREAS, E nvironmental review would be com pleted under the CEQA prior to subsequent action by this Commission to allocate construction costs fo r the additional water storage at the Cunningham Tank site, and authorization to execute this MOA is not an approval to construct the additional water storage at the Cunningham Tank site and this Commission retains discretion to, among other things, modify the design to mitigate significant environmental impacts, requ ire the implementation of s pecific measures to mitigate any significant environmental impacts, or reject it following completion of environmental review; and WHEREAS, The construction of additional water storage at the Cunningham Tank and the approval of any construction funding by the SFPUC will be brought to the Commission for future consideration and possible appr oval based upon the CEQA review to be prepared by San Bruno under the attached MOA; and
WHEREAS, Funds for the planning, engineering and design MOA will be available at the time of award of the agreement from Proj ect No. CUW30103 Regional Groundwater Storage and Recovery Project and Project No. 10037350 - Regional Groundwater T reatment Project; now, therefore, be it
RESOLVED, That this Commission hereby authorizes t he General Manager of the San Francisco Public Utilities Commission to execute a Memorandum of Agreement with the City of San Bruno for an amount not to exceed $ 314,500, and with a total duration of twenty -four (24) months.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 11, 2022.
Secretary, Public Utilities Commission
1 San Bruno MOA 02 09 2021
MEMORANDUM OF AGREEMENT
between the
CITY AND COUNTY OF SAN FRANCISCO
acting through its
PUBLIC UTILITIES COMMISSION,
and the
CITY OF SAN BRUNO
Regarding Reimbursement of Planning, Design, and Engineering Costs for the Provision of Additional Emergency Water Storage in San Bruno Pressure Zone 1/4
This Memorandum of Agreement (“ MOA”), dated for reference purposes only ______________, 2021, is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a California municipal corporation (“CCSF”), and the CITY OF SAN BRUNO, a California municipal corporation (“San Bruno”), collectively “Parties”.
RECITALS
A. CCSF, acting by and through its Public Utilities Commission (“ SFPUC”), owns and operates the Hetch Hetchy R egional Water System (“RWS”) serving retail customers in San Francisco and twenty -seven (27) wholesale water customers, including San Bruno, located in San Mateo, Santa Clara, and Alameda counties in the Bay Area.
B. In 2014 the Parties entered into the Agreement for Groundwater Storage and Recovery (GSR) from the Southern Portion of the Westside Basin (“GSR Project Operating Agreement”) with the City of Daly City and the California Water Service Company , as authorized by SFPUC Res. No. 14-0127 dated August 12, 2014 and San Bruno City Council Res.
No. 2014-103 dated September 23, 2014.
C. Section 6.3.3 of the GSR Project Operating Agreement requires the SFPUC to fund, at SFPUC’s expense, the design, engineering, planning, and construction costs for providing an additional one million gallons (MG) of emergen cy water storage, or an alternative providing equivalent benefits, in San Bruno pressure zone 1/4.
D. The Parties entered into a Memorandum of Understanding in 2014 to have a consultant hired by San Bruno prepare a n emergency water alternatives analysis fun ded by the SFPUC at a total cost of $65,000. The alternatives analysis MOU was approved by the SFPUC in Res. No. 14- 0008 dated January 14, 2014, and by the San Bruno City Council in Res. No. 2014-36 dated March 11, 2014. The November 2014 alternatives analysis by West Yost Associates reviewed six alternatives to provide emergency water to Zone 1/4. The analysis recommended a new RWS turnout supplying Zone 1/4 as the most cost-effective alternative.
E. The Parties held a meeting on December 18, 2019 with re presentatives of the Bay Area Water Supply and Conservation Agency. At the meeting, San Bruno expressed a preference for the construction of an additional 1 MG of emergency water storage to a proposed new storage tank in lieu of the new RWS connection recommended by the Wes Yost report. The SFPUC agreed to fund costs related to the planning, design, engineering and construction of an additional 1 MG of emergency water storage for in San Bruno's pressure Zone 1/4 at the Cunningham Tank site (“Tank 1”), for a total storage capacity of 3.5 MG (the “Project”).
F. San Bruno has obtained a cost estimate from an outside consultant dated October 12, 2021 for tasks associated with the redesign of Tank 1 to increase the capacity from 2.5 MG to 3.5 MG, as shown in Exhibit A. This MOA and the proposed costs in Exhibit A set forth the basis 2 San Bruno MOA 02 09 2021
for the Parties’ agreed upon contributions towards the planning, design and engineering costs of the Project for work to be performed by professional services consultants hired by San Bruno.
G. Following the completion of the planning, design and engineering work authorized by this MOA, and the completion of necessary environmental review under the California Environmental Quality Act (CEQA), the Parties will enter into a separate MOA f or the allocation of construction costs of the Project.
NOW, THEREFORE, in consideration of their mutual covenants in this MOA, the parties agree as follows.
1. PURPOSE OF THE MOA
The purpose of this MOA is to provide a mechanism for the SFPUC to reimburse San Bruno for the SFPUC’s share of consultant costs for the planning and design of the proposed 3.5 MG tank, associated retaining wall, access road expansion, and necessary Project CEQA review.
Reimbursement of San Bruno’s Project planning and design costs by the SFPUC will be made in accordance with the cost sharing ratio presented in Exhibit A, Summary Table 1 and described in section 3 below. A Project Vicinity Map and Site Plan are attached to this MOA as Exhibit B.
2. TERM
This MOA shall become effective on the date it has been fully executed and delivered by both parties ( “Effective Date”), provided it has been authorized by CCSF and San Bruno in a manner required by law. The term of this MOA shall expire on the earlier of (1) the completion and acceptance of the 100% design for the Project by the Parties or (2) 24 (twenty-four) months after the Effective Date.
3. ALLOCATION OF PROJECT PLANNING, DESIGN AND ENGINEERING
COSTS BETWEEN SAN BRUNO AND CCSF
The parties agree that the planning, design, and engineering costs, consisting of professional services consultant expenses for the Project, will be shared by the parties based on the following:
A. CEQA Clearance Costs for Project. The c osts to design and obtain all CEQA clearances for the tank expansion from i ts existing 2.5- million-gallon capacity to the proposed
3.5-million-gallon capacity will be shared by CCSF and San Bruno as shown in Exhibit A:
70.37% by SFPUC and 29.63% by San Bruno. San Br uno will se rve as lead agency for the preparation of any necessary CEQA review for the Project.
B. Access Road Design Costs. Costs to design the necessary construction access road will be borne by the parties in proportion to the additional tank volume desired by CCSF, which equates to a CCSF share of 29.63% and a San B runo share of 70.37% as shown in Exhibit A.
C. Allocation of Planning, Engineering and Design Costs; Not to Exceed Amount of CCSF. Exhibit A dated February 8, 2021 reflects the s ummary of cost s and application of the cost a llocation ratio described in this section to the costs described in subsections A and B above . For the tasks shown on Exhibit A, San Bruno’s share will be approximately $120,500 and CCSF’s share will be approximately $285,500, for estimated total expenses of $406,000 for this phase of work. The parties agree to use these estimated costs, plus a 10% contingency, for a total rounded not to exceed cost of $447,000, apportioned as follows:
San Bruno’s not to exceed share is $132,500, and CCSF’s not to exceed share is $314,500 The Parties agree to negotiate responsibility for sharing cost overruns in excess of the total not to exceed amount of $447,000 under the dispute resolution clause in section 4.9.
D. Cost Adjustments within not to Exceed Amount. Cost adjustments , plus or minus, based on the estimated total and within the 10% contingency amount, will be shared in 3 San Bruno MOA 02 09 2021
accordance with the overall shares as reflected in Exhibit A: San Bruno’s share is 29.63% ($132,500) and CCSF’s share is 70.37% ($314,500).
E. Payment of Invoices. Within 30 days of receipt, San Bruno shall submit monthly invoices to the SFPUC for the performance o f the tasks described in Exhibit A by consultants hired by San Bruno. All invoices shall set forth in detail the work performed, the expenses incurred, and shall identify which c onsultant or subconsultant performed the work. Invoices shall include supporting details for tim e charged, t he activities performed, dates the charges were incurred, identification of and billing rates for consultant staff performing the work, and backup timesheet entries for all staff charging to the Project. The SFPUC shall review , approve and pay invoices within thirty (30) calendar days of receipt from San Bruno.
F. Future Project Construction Cost MOA. The Parties will enter into a separate MOA for the allocation of construction costs for the Project following the completion of design and engineering work under this MOA and San Bruno’s completion of necessary CEQA review The effective date of the future Project con struction cost MOA will be at least 30 days after the filing date of a Notice of Determination by San Bruno if no appeals of the Project CEQA document are filed. If an appeal is filed, the effective date of the Project construction cost MO A will be after the settlement or final resolution of the CEQA appeal. San Bruno shall be solely responsible for the costs of defending any CEQA related administrative appeals or litigation arising from its approval of the Project.
G. Allocation of Future Project Construction Costs. The Parties tentatively agree to use the cost allocation ratios set forth in this section 3 for the allocation of construction cos ts in the proposed future Project construction cost MOA. The Parties agree to rev iew the cost allocation ratio pr ior to approval of the proposed future Project construction cost MOA to consider any additional costs that result from the CEQA review process, proposed design modifications, and actual bids received by San Bruno from contractors bidding on the construction contract.
H. Fiscal Limitations.
Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation. This Agreement is subject to the budget and fiscal provisions of t he CCSF’s Ch arter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of CCSF ’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance aut horization. This Agreement will terminate without penalty, liability or expense of any kind to CCSF at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreem ent will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. CCSF has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreement s. CCSF budget decisions are subject to the discretion o f the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL
OTHER PROVISIONS OF THIS AGREEMENT
3.1. Ownership of Project Improvements
San Bruno will continue to own and have sole responsibility for the operation and maintenance of the Project tank and associated improvements.
3.2. Cooperation in Implementation
CCSF and San Bruno agree to cooperate to achieve the implementation of th e Project.
3.3. Administration of Consultant Contract ; Consultant Invoices and Insurance and Indemnity Requirements
4 San Bruno MOA 02 09 2021
San Bruno shall serve as the manager of any professional services contract(s) for the planning, engineering and design costs of the Project. Invoices pertaining to t he services performed by professional service consultants shall include supporting details for time charged, the activities performed, dates the charges were incurred, identification of and billing rates for staff performing the work, and backup timesheet entries for all staff charging to the Project. San Bruno’s contract(s) with the consultant (s) funded in whole or in part using CCSF funds shall contain language that deems the consultant(s) to be an independent contractor of San Bruno and not an agent or employee of the CCSF. San Bruno’s contract(s) with the consultant(s) shall contain language naming the City and County of San Francisco and its officer, agents and employees as an additional insured and an additional indemnitee in the contract’s indemnity and insurance provisions, with coverages and indemnity language that is customarily used by San Bruno for its own benefit in its professional service contracts.
4. MISCELLANEOUS
4.1. Notices.
All notices and other communications required or permitted to be given under this Agreement will be in writing and will be e -mailed, personally served or mailed, postage prepaid and return receipt requested, and addressed to the Parties as follows:
CCSF:
To: Steve Ritchie, Assistant General Manager, Water
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102
and Obiajulu Nzewi, Groundwater Program Manager
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 9th Floor
San Francisco, CA 94102
With a copy to:
Sheryl Bregman
Utilities General Counsel
1390 Market Street, Suite 418
San Francisco, CA 94102
[email protected]
SAN BRUNO:
To: Jovan D. Grogan, City Manager
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
5 San Bruno MOA 02 09 2021
and:
Hae Won Ritchie, Interim Public Works Director
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
4.2. Termination.
CCSF may terminate this MOA for convenience and without cause at any time by giving San Bruno thirty (30) days written notice of such ter mination; San Bruno may terminate this MOA for San Bruno’s convenience and without cause at any time by giving CCSF thirty (30) day written notice of such termination. In the event of termination, San Bruno shall not be obligated to f urther perform any act ivities described in this MOA. In the event of termination, San Bruno’s consultants will complete any work previously funded by the CCSF and any remaining balance in CCSF’s contribution towards Project design expenses shall be refunded to the SFPUC within thirty (30) days. In no event will the CCSF be liable for Contractor costs incurred after receipt of a notice of termination.
4.3. Books and Records.
San Bruno will maintain all documents and records that demonstrate performance under this Agreement for a mini mum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreeme nt. San Bruno agrees to provide CCSF with access to its books and records for audit purposes.
4.4. Severability.
If any provision of this MOA or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOA, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this MOA shall be valid and be enforceable to the fullest extent permitted by law, provided that the remainder of this MOA can be interpreted to give effect to the intention of the parties.
4.5. Good Faith.
Each party shall use all reasonable efforts and work wholeheartedly and in good faith for the expedited completion of the objectives of this MOA and the satisfactory performance of its terms.
4.6 Liability of CCSF. The CCSF’s obligations under this agreement shall be limited to the payment of the not -to-exceed amount of compensation provided for in section 2.C of this MOA. Notwithstanding any other provision of this MOA, in no event shall S FPUC be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits , arising out of or in connection with this agreement or the services performed by San Bruno’s consultants in connection with this agreement.
4.7 Sole Benefit.
This MOA is for the sole benefit of the parties and shall not b e construed as granting rights to any person other than the parties or imposing obligations on a party to any person other than the other party to this MOA.
6 San Bruno MOA 02 09 2021
4.8 Joint Drafting.
The Parties have participated jointly in the negotiation and drafting of this A greement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the Parties, and no presumption or burden of proof will arise favoring or disfavoring any Party, by virtue of the authorship of any of the provisions of this Agreement.
4.9 Dispute Resolution.
The Parties shall mak e good faith efforts to resolve disputes or disagreements arising from this MOA through a meet and confer process. If a dispute or disagreement arises, the Parties shall meet and confer within ten (10) calendar days of receiving written notification from the other Party descri bing the dispute and shall thereafter schedule and participate in further meetings, if appropriate, in an effort to resolve the dispute or disagreement.
4.10 Governing Law.
This MOA is made under and shall be governed by the laws of the State of California.
4.11 Amendment; Waiver.
Neither this MOA nor any term or provision hereof may be changed or amended, except by a written instrument signed by both parties. Any waiver by CCSF or San Bruno of any term, covenant, or condition contained in this MOA must be in writing, and a waiver of one breach shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition.
4.12 Counterparts.
This MOA may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
4.13 Recitals and Exhibits.
The Recitals set f orth above are true and correct and are incorporated into this MOA.
The attached exhibits referred to herein are incorporated into and made a part of this MOA.
4.14 Integration.
This MOA represents the entire understanding of the parties as to those ma tters contained herein. No prior oral or written understanding shall be of any force or effect with respect t o those matters covered in this MOA.
4.15 San Francisco Sunshine Ordinance.
San Bruno understands and agrees that the San Francisco Sunshine Or dinance (San Francisco Administrative Code Chapter 67) and the California Public Records Act (Govt. Code Section 6250 et seq.) apply to this MOA and any and all records, information, and materials may be subject to public disclosure in accordance with the terms of the ordinance and state law.
4.16 Nondiscrimination.
Nondiscrimination in Contracts: San Bruno shall comply with the provisions of Chapters 12B and 12C of the San Francisco Administrative Code. San Bruno shall incorporate by reference in all contracts the provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code and shall require all subcontractors to comply with such provisions. San Bruno’s professional services c ontractor is subject to the enforcement and penalty provisions in Chapters 12B and 12C.
Nondiscrimination in the Provision of Empl oyee Benefits: San Bruno does not as of the date of this MOA, and will not during the term of this MOA, in any of its operations in Sa n Francisco, on real property owned by San Francisco, or where work is being performed for the 7 San Bruno MOA 02 09 2021
City elsewhere in the United States, discriminate in the provision of employee benefits between employees with domestic partners and employees with spouses and/or between the domestic partners and spouses of such employees, subject to the conditions set forth in San Francisco Administrative Code Section 12B.2.
4.17 Conflict of Interest. By executing this Agreement, San Bruno certifies that it does not know of any fact which constitutes a violation of Section 15.103 of the City’s Charter; Article III, Chapter 2 of CCSF’s Campaign and Governmental Conduct Code; Title 9, Chapter 7 of the California Government Code (Section 87100 et seq. ), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly to notify CCSF if it becomes aware of any such fact during the term of this Agreement.
4.18 Prohibition on Use of Public Funds for Political Activity . In its use funding from CCSF to engage consultants to perform the services contemplated by this MOA, San Bruno shall compl y with San Francisco A dministrative Code Chapter 12G, which prohibits funds appropriated by the City for this Agreement from being expended to participate in, support, or attempt to influence any political campaign for a candidate or for a ballot measure. San Bruno is subject to the enforcement and penalty provisions in Chapter 12G.
4.19 MacBride Principles – Northern Ireland. The provisions of San Francisco Administrative Code §12F are incorporated herein by this reference and made part of this MOA. By signing this Agreement , San Bruno confirms that it has read and understood that CCSF urges companies doing business in Northern Ireland to resolve employment inequities and to abide by the MacBride Principles, and urges San Francisco companies to do busine ss with corporations that abide by the MacBride Principles.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement by their duly authorized representatives.
CITY AND COUNTY OF SAN FRANCISCO,
a California municipal corporation
By: ____________________________
Dennis Herrera
General Manager
Public Utilities Commission
Dated: _____________________________
CITY OF SAN BRUNO,
a California municipal corporation
By: __________________________
Its: _____________________________
Dated: ____________________________
Authorized by San Francisco Public Utilities
Commission, Resolution No. _________
By:
Commission Secretary
Adopted ____________________, 2021
APPROVED AS TO FORM
8 San Bruno MOA 02 09 2021
APPROVED AS TO FORM
David Chiu, City Attorney
By:
Joshua Milstein
Deputy City Attorney
_________________________
By: ___
Name: Marc Zafferano
San Bruno City Attorney
EXHIBITS:
A Schedule of Design, CEQA Review, Surveying Expenses and Related PM Oversight Costs
B. Cunningham Tank Si te Vicinity Map and Site Plan
A-1
San Bruno MOA 02 09 2021
EXHIBIT A
Cost Share and Estimate Dated October, 2021
A-2
San Bruno MOA 02 09 2021
EXHIBIT B
Cunningham Tank Site Vicinity Map and Site Plan
October 12, 2021
Ms. Hae Won Ritchie, P.E., City Engineer
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Subject: Letter Proposal for Cunningham Tank Redesign (3.5 MG), City of San Bruno, California.
Dear Ms. Ritchie:
City’s Cunningham Tank is an aging 2.5 MG welded steel tank at grade. Due to its condition, City commissioned a tank replacement project. LEE + RO was awarded the design scope and completed the design of a prestressed concrete tank. However, with the recent signing of an MOU with the SFPUC, City is now interested in the design modification, primarily to increase the tank’s storage capacity by 1 MG. LEE + RO discussed with the City and conceptually agreed that the redesigned tank will be partially buried to minimize impact to the existing hydraulic grade line of the pressure zone.
Scope of Work
LEE + RO will modify the 100% design plans and specifications for the 2.5 MG prestressed concrete tank and redesign to increase the storage capacity by 1 MG. The redesigned tank must avoid significant changes in the existing HGL of the pressure zone. It may be partially buried and, if so, LEE + RO will redesign the water line and drainage system accordingly. LEE + RO will design site access road and necessary retaining wall system. LEE + RO will deliver Basis of Design TM, 60% design, 90% design, and 100% design including plans, specifications, and cost estimate.
Tasks
The following tasks have been identified to deliver the above SOW.
1. Project Management
1.1. Project Management and Document Control: Provide project coordination, document control, subconsultant coordination, budget tracking, and invoicing with summary of work.
1.2. Meetings and Coordination with the City and SFPUC: Prepare for and attend meetings with the City and SFPUC for progress update.
1.3. Environmental and Public Outreach Work: Assist City’s effort for obtaining the environmental permits and public outreach. LEE & RO will provide information and attend public outreach/hearing meeting at the City Hall.
1.4. Vendor Coordination: Provide coordination meetings with various vendors.
2. Design of Access Road and Modifications to Existing Tank Design
2.1. Base Map and Topographic Survey: Perform topographic surveying and prepare the base map for the project site.
2.2. Geotechnical Site Investigation: Perform additional geotechnical site investigation.
2.3. Layout and Superstructure Design: Redesign the site layout and the superstructure.
2.4. Foundation Design: Design the foundation modification for partially buried tank.
2.5. Piping and Appurtenances Design: Design the piping, valves and appurtenances required for the new tank.
2.6. Deep Vault Design: Design deep vault per partially buried tank.
2.7. Tank Site Improvement, Grading, and Paving: Design site improvements for partially buried tank.
2.8. Site Waterlines: Redesign site waterline drainage.
2.9. Site Drainage Improvement: Revise site drainage system including drainage for partially buried tank.
2.10. PAX Mixing System: Modify PAX mixing system design.
2.11. Electrical Design: Modify the electrical system design to accommodate larger tank without adding new features.
2.12. Geotechnical Site Investigation for Access Road: Provide geotechnical site investigation for the access road.
2.13. Access Road and Soil Nailed Wall Design: Design the access road and retaining wall using soil nailing.
3. Submittals
3.1. Basis of Design TM: Prepare Basis of Design Technical Memorandum
3.2. 60% Design (Plans, Specs, and Cost Estimate): Prepare design at 60% completion level.
Deliverables to include plans, specifications, and cost estimate. LEE + RO will incorporate comments to the 90% Design.
3.3. 90% Design (Plans, Specs, and Cost Estimate): Prepare design at 90% completion level.
Deliverables to include plans, specifications, and cost estimate. LEE + RO will incorporate comments to the 100% Design.
3.4. 100% Design (Plans, Specs, and Cost Estimate): Prepare design at 100% completion level.
Deliverables to include plans, specifications, and cost estimate. 100% Design will be signed and stamped by professional engineers licensed in the state of California.
4. Permitting and Outreach (Optional Task)
4.1. SFPUC Coordination and Support: With approval from the City, LEE + RO will coordinate with SFPUC to
provide additional information requested by SFPUC.
4.2. Assist City for Public Outreach Meetings and 3‐D Renderings: LEE + RO, along with its CEQA subconsultant, will provide requested outreach materials and 3‐D renderings to assist City during the City’s public outreach meetings.
If you have any questions, please feel free to call me at 925‐627‐3382 or email at tony.park@lee‐ ro.com.
Sincerely,
LEE+RO, Inc.
Tony Park, PE
Vice President
Encl. Exhibit: Cost Proposal
9/2/2021
Task Description $283 $257 $199 $179 $138 $155 $141
TASK 1 Project Management 34 44 32 12 8 4 16 150 $33,426 $70,083 $3,504 $73,587 $2,200 $109,213
1.1 Project Management and Document Control 12 12 12 36 $8,172 $200 $8,372
1.2 Meetings and Coordination with the City and SFPUC 16 16 8 40 $10, 232 $1,000 $11,232
1.3 Assist City on Environmental and Public Outreach Work 4 8 16 8 4 4 4 48 $9,540 $70,083 $3,504 $73,587 $1,000 $84,127
1.4 Vendor Coordination 28844 2 6 $ 5 , 482 $5,482
TASK 2 Design of Access Road and Mods to Existing Tank 18 102 156 94 32 107 6 515 $101,025 $80,360 $4,018 $84,378 $400 $185,803
2.1 Base Map and Topo Survey 1 4 16 12 8 8 49 $8,987 $16,000 $800 $16,800 $200 $25,987
2.2 Geotechnical Work for Tank Foundation 2 8 2 12 $2,904 $15,640 $78 2 $16,422 $200 $19,526
2.3 Layout and Superstructure Design 2 12 12 16 8 50 $10,142 $10,142
2.4 Foundation Design 1 8 16 16 8 49 $9,627 $9,627
2.5 Piping and Appurtenance Design 1 8 12 16 8 45 $8,831 $8,831
2.6 Deep Vault Design 3 16 16 4 8 47 $10,101 $10,101
2.7 Tank Site Improvement, Grading, and Paving 1884 4 2 5 $ 5 , 267 $5,267
2.8 Site Waterlines 1 4 8 16 8 37 $6,191 $6,191
2.9 Site Drainage Improvement 1 4 16 8 4 33 $6,219 $6,219
2.10 PAX Mixing System Design 1 2227 $ 1,465 $1,465
2.11 Electrical Design 1 8 16 8 33 $6,763 $6,763
2.12 Geotechnical Site Investigation for Access Road 1 4 4 1 10 $2,262 $18,500 $925 $19,425 $21,687
2.13 Access Road and Soil Nailed Wall Design 2 16 40 16 40 4 118 $22,266 $30,220 $1,511 $31,731 $53,997 TASK 3 Submittals 4 34 68 68 0 136 32 342 $61,166 $0 $0 $0 $400 $61,566
3.1 Basis of Design TM 1 6 12 12 16 8 55 $9,969 $100 $10,069
3.2 60% Design (Plans, Specs, and Cost Estimate) 1 10 20 20 40 8 99 $17, 741 $100 $17,841
3.3 90% Design (Plans, Specs, and Cost Estimate) 1 10 20 20 40 8 99 $17, 741 $100 $17,841
3.4 100% Design (Plans, Specs, and Cost Estimate) 1 8 16 16 40 8 89 $15, 715 $100 $15,815 TASK 4 Permitting and Outreach (Optional Task) 12 20 40 12 8 40 6 138 $26,794 $19,643 $982 $20,625 $1,200 $48,619
4.1 SFPUC Coordination and Support 8 4 4 2 18 $4,290 $5,563 $278 $5,84 1 $200 $10,331
4.2 Assist Cit y for Public Outreach Meetings + 3D Renderings 4 16 40 8 8 40 4 120 $22,504 $14,080 $704 $14,784 $1,000 $38,288 68 200 296 186 48 287 60 1145 $222,411 $170,086 $8,504 $178,590 $4,200 $405,201 56 180 256 174 40 247 54 1007 $195,617 $150,443 $7,522 $157,965 $3,000 $356,582 TASK
No.
Other
Direct
Costs
(ODCs)
TOTAL
Labor Category Used for Fee Estimate: E8 Managing
Engr, E7 Supervising Engr; E4 Engr, E3 Associate Engr,
E1 Junior Engr, T4 Designer, A3 Contract Manager
(Admin.)
Total
Hours Labor
TOTAL NOT TO EXCEED EXCLUDING OPTIONAL TASK 4
EXHIBIT : COST PROPOSAL
CUNNINGHAM TANK (3.5MG) & ACCESS ROAD DESIGN
CITY OF SAN BRUNO
TOTAL NOT TO EXCEED INCLUDING OPTIONAL TASK 4
E8 E4 E3 A3E7 E1 T4
Sub-
consultants
+ 5%
markup
Sub-
consultants
5%
markup
U:\PROJ\634 San Bruno\1 PROJ\C Contract\Additional Work\One 3.5MG Tank\Rev 2\Cost Proposal for Cunningham Tank (3.5 MG)-Rev2.xlsx 9/2/2021 LEE & RO, Inc.
9/2/2021
Task Description $283 $257 $199 $179 $138 $155 $141
TASK 1 Project Management 34 44 32 12 8 4 16 150 $33,426 $70,083 $3,504 $73,587 $2,200 $109,213
1.1 Project Management and Document Control 12 12 12 36 $8,172 $200 $8,372
1.2 Meetings and Coordination with the City and SFPUC 16 16 8 40 $10,232 $1,000 $11,232
1.3 Assist City on Environmental and Public Outreach 4 8 16 8 4 4 4 48 $9,540 $70,083 $3,504 $73,587 $1,000 $84,127
1.4 Vendor Coordination 2 8844 26 $5,482 $5,482
TASK 2 Design of Access Road and Mods to Existing 18 102 156 94 32 107 6 515 $101,025 $80,360 $4,018 $84,378 $400 $185,803
2.1 Base Map and Topo Survey 1 4 16 12 8 8 49 $8,987 $16,000 $800 $16,800 $200 $25,987
2.2 Geotechnical Work for Tank Foundation 2 8 2 12 $2,904 $15,640 $782 $16,422 $200 $19,526
2.3 Layout and Superstructure Design 2 12 12 16 8 50 $10,142 $10,142
2.4 Foundation Design 1 8 16 16 8 49 $9,627 $9,627
2.5 Piping and Appurtenance Design 1 8 12 16 8 45 $8,831 $8,831
2.6 Deep Vault Design 3 16 16 4 8 47 $10,101 $10,101
2.7 Tank Site Improvement, Grading, and Paving 1 8 8 4 4 25 $5,267 $5,267
2.8 Site Waterlines 1 4 8 16 8 37 $6,191 $6,191
2.9 Site Drainage Improvement 1 4 16 8 4 33 $6,219 $6,219
2.10 PAX Mixing System Design 1 2 2 2 7 $1,465 $1,465
2.11 Electrical Design 1 8 16 8 33 $6,763 $6,763
2.12 Geotechnical Site Investigation for Access Road 1 4 4 1 10 $2,262 $18,500 $925 $19,425 $21,687
2.13 Access Road and Soil Nailed Wall Design 2 16 40 16 40 4 118 $22,266 $30,220 $1,511 $31,731 $53,997 TASK
3 Submittals 4 34 68 68 0 136 32 342 $61,166 $0 $0 $0 $400 $61,566
3.1 Basis of Design TM 1 6 12 12 16 8 55 $9,969 $100 $10,069
3.2 60% Design (Plans, Specs, and Cost Estimate) 1 10 20 20 40 8 99 $17,741 $100 $17,841
3.3 90% Design (Plans, Specs, and Cost Estimate) 1 10 20 20 40 8 99 $17,741 $100 $17,841
3.4 100% Design (Plans, Specs, and Cost Estimate) 1 8 16 16 40 8 89 $15,715 $100 $15,815 TASK 4 Permitting and Outreach (Optional Task) 12 20 40 12 8 40 6 138 $26,794 $19,643 $982 $20,625 $1,200 $48,619
4.1 SFPUC Coordination and Support 8 4 4 2 18 $4,290 $5,563 $278 $5,841 $200 $10,331
4.2 Assist City for Public Outreach Meetings + 3D 4 16 40 8 8 40 4 120 $22,504 $14,080 $704 $14,784 $1,000 $38,288 68 200 296 186 48 287 60 1145 $222,411 $170,086 $8,504 $178,590 $4,200 $405,201 56 180 256 174 40 247 54 1007 $195,617 $150,443 $7,522 $157,965 $3,000 $356,582 San Bruno SFPUC
Assigned Cost Share Ratios 29.63% 70.37%
$120,061.15 $285,140.15
$120,500.00 $285,500.00 $406,000.00
10%
Contingency $446,600.00 $132,327.58 $314,272.42
Round Up
Cost $447,000.00 $132,500.00 $314,500.00
$65,000.00
Previous
SFPUC
Contribution
$379,500.00
Total
SFPUC
Contribution
TOTAL
Labor Category Used for Fee Estimate: E8
Managing Engr, E7 Supervising Engr; E4 Engr, E3
Associate Engr, E1 Junior Engr, T4 Designer, A3
Contract Manager (Admin.)
Total
Hours Labor
TOTAL NOT TO EXCEED EXCLUDING OPTIONAL TASK 4
Cost Share
Attachment 1 : COST PROPOSAL
CUNNINGHAM TANK (3.5MG) & ACCESS ROAD DESIGN
CITY OF SAN BRUNO
TOTAL NOT TO EXCEED INCLUDING OPTIONAL TASK 4
E8 E4 E3 A3 E7 E1 T4
Sub-
consultants
+ 5%
markup
Sub-
consultants
5%
markup
TASK
No.
Other
Direct
Costs
(ODCs)
W:\WATER\Westside Basin\GSR\Partner Agencies\San Bruno\Cost Estimates\Cost Proposal for Cunningham Tank (3.5 MG)-Rev2 12/30/2021 LEE & RO, Inc.
TANK 1