DEPARTMENT
Infrastructure Division
AGENDA NO.
7b
MEETING DATE
March 25, 2025
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Contract Manager: Mary Tienken
Award Contract No. WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park
Summary of Proposed
Commission Action:
Award Contract No . WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park, in the amount of $1,192,500, and with a duration of 360 consecutive calendar days , to the responsible bidder submitting the lowest responsive bid, JDB & Sons Construction, Inc., to divert stormwater and repair erosion adjacent to the San Francisco Public Utilities Commission’s easement for the San Andreas Pipelines in Junipero Serra Park within San Mateo County.
Background: During construction of San Francisco Public Utilities Commission (SFPUC) Contract No . WD-2829R, San Andreas Pipeline No. 2 Replacement, the SFPUC discovered a leaking storm drain pipe that was jeopardizing an SFPUC easement within Junipero Serra Park , located within San Mateo County. The leaking storm drain pipe eroded the hillside and caused a deep gully adjacent to SFPUC’s easement. The storm drain pipe is located on property owned by San Mateo County, and discharges stormwater from catch basins that are owned by the City of
San Bruno and located within San
Bruno’s right of way west of Crystal Springs Road.
SFPUC, San Mateo County, and City of San Bruno dispute ownership of the storm drain pipe. To resolve the dispute and to mitigate further erosion and impact to the SFPUC’s pipelines, City of San Bruno agrees to share the cost of the work as described below and own and maintain the new storm drain pipe, and San Mateo County agrees to maintain the repaired gully. The terms of the agreemen t are described in Exhibit A - Culvert Replacement and Hillside Restoration Reimbursement Agreement Regarding Junipero Serra Park.
The purpose of this project is to stabilize the hillside and secure the SFPUC easement area that contains pipelines which deliver water to San Francisco , most significantly San Andreas Pipeline No. 3 which is closest to the gully.
Contract: WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park Commission Meeting Date: March 25, 2025
Scope of Contract: The contract work is within Junipero Serra Park, on property owned by San Mateo County, which granted SFPUC an easement for peninsula water pipelines.
The contract work consists of:
• Protecting San Andreas Pipeline No. 3 by shoring of the work area above the gully;
• Excavating and placing rock slope protection into the existing gully; • Constructing approximately 180 linear feet of 12-inch diameter high-density polyethylene (HDPE) storm-drain pipe, including HDPE cleanouts, concrete thrust blocks, concrete trench dams, and a 12-inch diameter perforated HDPE spreader tee;
• Installing tree protection; and
• Restoring landscape and park improvements impacted by construction.
Funding and Costs: Funding Source: Project No. 10015072, Pipeline Inspection and Repair • City of San Bruno Project Cost Share (maximum amount): $450,000 Engineer’s Estimate: $1,400,000
Award Amount: $1,192,500
Schedule: Estimated Notice-to-Proceed Date: June 1, 2025 Estimated Completion Date: May 27, 2026
Contract Duration: 360 consecutive calendar days ( 180 consecutive calendar days to Substantial Completion and an additional 180 consecutive calendar days to Final Completion)
Bid History: Advertised: December 6, 2024
Bids Received: On January 23, 2025, SFPUC received and publicly opened five bids as follows:
Bid Rank Bid
Amount
Bid
Preference
Adjusted
Bid
Final
Rank
1. Anvil Builders
Inc. $1,080,240 N/A $1,080,240 2
2. JDB & Sons
Construction, Inc. $1,192,500 10% $1,073,250 1
3. Ground Control
Inc. $1,269,588 10% $1,142,629 3
4. Minerva
Construction, Inc. $1,377,000 10% $1,239,300 4
5. Golden Bay
Construction, Inc. $1,597,731 N/A $1,597,731 5
Contract: WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park Commission Meeting Date: March 25, 2025
Application of bid preferences in accordance with Chapter 14B of the San Francisco Administrative Code changed the final ranking of the low bidder.
JDB & Sons Construction, Inc., moved from 2nd place to 1st place, and Anvil Builders Inc., moved from 1st place to 2nd place.
Environmental
Review:
On October 17, 2013, the San Francisco Planning Commission certified the Final Environmental Impact Report (Final EIR) for the Peninsula Pipelines Seismic Upgrade Project (Case N o. 2011.0123E), prepared pursuant to the California Environmental Quality Act (CEQA).
On October 22, 2013, by Resolution No. 13-0161, this Commission approved the Peninsula Pipelines Seismic Upgrade Project a nd adopted CEQA Findings, including a Statement of Overriding Considerations , and a Mitigation Monitoring and Reporting Program, as required by the CEQA.
On April 12, 2017, the Planning Department issued an Addendum to the Final EIR to replace and/or slipline four segments of San Andreas Pipeline No. 2, determining that no supplemental environmental review was needed for the Addendum.
On January 22, 2019, by Resolution No. 19-0014, this Commission reviewed, considered, and adopted the Addendum to the Final EIR to approve Contract No. WD-2829R, San Andreas Pipeline No. 2 Replacement Project, during the construction of which a leaking storm drain pipe was found at one segment, eroding the hillside, and causing a deep gully adjacent to SFPUC’s pipelines easement.
On September 5, 2023, the Planning Department issued a Minor Project Modification to the Final EIR to extend the storm drain culvert and stabilize the eroded gully to, most significantly, protect San Andreas Pipeline No. 3 which is located in SFPUC’s easement closest to the gully , determining that no supplemental environmental review was needed beyond the Minor Project Modification.
The work under Contract No. WD -2901, San Andreas Pipeline 3 Drainage and Erosion Repair at Junipero Serra Park is within the scope of the P roject authorized under the Final EIR, as modified by the Addendum and the Minor Project Modification.
The Final EIR, Addendum to the Final EIR, Minor Project Modification to the Final EIR, Resolution No. 13-0161, Resolution No. 19-0014, CEQA Findings, and the Mitigation Monitoring and Reporting Program can be found here:
https://sfpuc.sharefile.com/public/share/web-
s2f44f266212449dd96839a3e5b4bcc01
Contract: WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park Commission Meeting Date: March 25, 2025
Local Business
Enterprise Utilization
and Non-
Discrimination in
Contracting:
The Contract Monitoring Division (CMD) established a 20% Local Business Enterprise (LBE) subcontracting requirement for this contract.
The contractor committed to 23.16% LBE subcontractor participation with its bid submittal.
Attachment: 1. Contract Monitoring Division Memorandum
2. Exhibit A- Culvert Replacement and Hillside Restoration Reimbursement Agreement Regarding Junipero Serra Park.
Contract: WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park Commission Meeting Date: March 25, 2025
LOCATION MAP
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, During construction of Contract No. WD-2829R, San Andreas Pipeline No. 2 Replacement, a leaking storm drain pipe was discovered to be jeopardizing the San Francisco Public Utilities Commission (SFPUC)’s easement within Junipero Serra Park . The leaking storm drain pipe eroded the hillside and caused a deep gully adjacent to SFPUC’s easement; and
WHEREAS, The storm drain pipe is located on property owned by San Mateo County, and discharges stormwater from catch basins that are owned by City of San Bruno and located within City of San Bruno’s right of way west of Crystal Springs Road; and
WHEREAS, The SFPUC, San Mateo County, and City of San Bruno dispute ownership of the storm drain pipe; and
WHEREAS, City of San Bruno agrees to share the cost of the gully repair , City of San Bruno agrees to own and maintain the new storm drain pipe, and San Mateo County agrees to maintain the repaired gully, and the terms of the agreement are described in “Culvert Replacement and Hillside Restoration Reimbursement Agreement Regarding Junipero Serra Park”; and
WHEREAS, On December 6, 2024, the SFPUC advertised Contract No. WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park; and
WHEREAS, The Engineer’s Estimate is $1,400,000 to divert stormwater and repair erosion adjacent to the San Francisco Public Utilities Commission’s easement for the San Andreas Pipelines in Junipero Serra Park within San Mateo County; and
WHEREAS, The contract duration is 360 consecutive calendar days; and
WHEREAS, On January 23, 2025, SFPUC received and publicly opened five bids; and
WHEREAS, SFPUC staff and Contract Monitoring Division (CMD) reviewed the bids for responsibility, responsiveness and application of bid preferences and determined that JDB & Sons Construction, Inc., is the responsible bidder that submitted the lowest responsive bid; and
WHEREAS, CMD established a 20% Local Business Enterprise (LBE) subcontracting requirement for this contract , and the contractor committed to 23.16 % LBE subcontractor participation in its bid submittal; and
WHEREAS, On October 17, 2013, the San Francisco Planning Commission certified the Final Environmental Impact Report (Final EIR) for the Peninsula Pipelines Seismic Upgrade Project (Case N o. 2011.0123E), prepared pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, On October 22, 2013, by Resolution No. 13-0161, this Commission approved the Peninsula Pipelines Seismic Upgrade Project and adopted CEQA Findings, including a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, as required by the CEQA; and
WHEREAS, On April 12, 2017, the Planning Department issued an Addendum to the Final EIR to replace and/or slipline four segments of San Andreas Pipeline No. 2, determining that no supplemental environmental review was needed for the Addendum; and
WHEREAS, On January 22, 2019, by Resolution No. 19-0014, this Commission reviewed, considered, and adopted the Addendum to approve Contract No. WD -2829R, San Andreas Pipeline No. 2 Replacement Project , during the construction of which a leaking storm drain pipe was found at one segment, eroding the hillside, and causing a deep gully adjacent to SFPUC’s pipelines easement; and
WHEREAS, On September 5, 2023, the Planning Department issued a Minor Project Modification to the Final EIR to extend the storm drain culvert and stabilize the eroded gully to, most significantly, protect San Andreas Pipeline No. 3 which is located in SFPUC’s easement closest to the gully, determining that no supplemental environmental review was needed beyond the Minor Project Modification; and
WHEREAS, The work under Contract No. WD -2901, San Andreas Pipeline 3 Drainage and Erosion Repair at Junipero Serra Park is within the scope of the P roject authorized under the Final EIR, as modified by the Addendum and the Minor Project Modification; and
WHEREAS, The Planning Department is the custodian of records, located in File No. 2011.0123E, at 49 South Van Ness Avenue, Suite 1400, San Francisco, California 94103; and
WHEREAS, Staff has made the Project files, including the Final EIR, Addendum to the Final EIR, Minor Project Modification to the Final EIR, Resolution No. 13-0161, Resolution No. 19-0014, CEQA Findings, including a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, available for review by this Commission and the public, and those files are part of the record before this Commission; and
WHEREAS, This Commission has reviewed and considered the information contained in the Final EIR, CEQA Findings, SFPUC Resolution No. 13-0161 and Resolution No. 19-0014, the Addendum to the Final EIR, the Minor Project Modification to the Final EIR , and all written and oral information provided by the Planning Department, the public, relevant public agencies, SFPUC and other experts and the administrative files for the Project; and
WHEREAS, Funds are available from Project No. 10015072, Pipeline Inspection and Repair; and
WHEREAS, City of San Bruno agreed to share project costs up to the amount of $450,000; now, therefore, be it
RESOLVED, This Commission has reviewed and considered the Final EIR, Addendum to the Final EIR, the Minor Project Modification to the FEIR, and the record as a whole, and finds that the Final EIR, as modified, is adequate for its use as the decision–making body for the Project and incorporates the CEQA Findings and Resolution No. 13-0161 and Resolution No. 19-0014 by this reference thereto as though set forth in this Resolution; and be it
FURTHER RESOLVED, T his Commission further finds that since the Final EIR , as modified by the Addendum to the Final EIR and the Minor Project Modification to the Final EIR, were finalized, there have been no substantial Project changes and no substantial changes in Project circumstances that would require major revisions to them due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substa ntial importance that would change the conclusions set forth in them; and be it
FURTHER RESOLVED, That this Commission hereby awards Contract No. WD-2901, San Andreas Pipeline 3 – Drainage & Erosion Repair at Junipero Serra Park , in the amount of $1,192,500, for a duration of 360 consecutive calendar days, to the responsible bidder submitting the lowest responsive bid, JDB & Sons Construction, Inc.
I hereby certify that the foregoing resolution was adopted by the San Francisco Public Utilities Commission at its meeting of March 25, 2025.
Director of Commission Affairs
San Francisco Public Utilities Commission
City & County of San Francisco
Daniel Lurie, Mayor
Office of the City Administrator
Carmen Chu, City Administrator
Contract Monitoring Division
Stephanie Tang, Director
MEMORANDUM
Date: February 14, 2025
To: Mary Tienken, Project Manager, SFPUC
Frank Gennaccaro, Contract Administration, SFPUC
From: Jovi Cuntapay-Vitin, Contract Monitoring Division
Subject:
CMD Review of Bids Submitted on January 23, 2025 for WD-2901 Drainage & Erosion Repair at Junipero Serra Park
JDB & Sons Construction, Inc. is the apparent low bidder after the bid discount.
The bid discount was applied to bidders who are certified by the Contract Monitoring Division, (“CMD”) as an LBE in the type of work that is specified for the bidder by the Contract Awarding Authority. [Sec. 14B.7(D)]
Bidder
LBE Status,
Type and
Size
Base Bid
Bid Discount
Adjusted Bid
with
Bid Discount
Anvil Builders Inc. Non-LBE
$1,080,240.00
Not eligible $1,080,240.00
JDB & Sons
Construction, Inc.
SF LBE-OBE
(Micro)
$1,192,500.00
10% =
$119,250.00
$1,073,250.00
Ground Control Inc. SF LBE-MBE
(Micro)
$1,269,588.00
10% =
$126,958.80
$1,142,629.20
Minerva Construction,
Inc.
SF LBE-OBE
(Small)
$1,377,000.00
10% =
$137,700.00
$1,239,300.00
Golden Bay
Construction, Inc.
Non-LBE
$1,597,731.00
Not eligible $1,597,731.00
JDB & Sons Construction, Inc. satisfactorily demonstrated how they will meet the LBE subcontractor participation requirement.
A combination of Micro-LBE and Small-LBE participation will count toward LBE subcontractor participation compliance. JDB & Sons Construction, Inc.’s commitment for this contract:
Requirement % Commitment %
Micro/Small LBE 20.00% 23.16%
JDB & Sons Construction, Inc. listed the following subcontractors on this contract.
Supplier Name Scope of Work
LBE
LBE
Size
LBE
Perce
nt
Percent
Of
Work
Amount
Water Resources
Eng Inc. SWPP (Partial) LBE -
MBE MICRO 100% 2.10% $25,000.00
Lavina Trucking Trucking (Partial) LBE -
WBE MICRO 100% 3.35% $40,000.00
Mike O'Dell
Surveys
Surveying and CAD As
Builts
LBE -
OBE MICRO 100% 1.73% $20,600.00
Arborist Now Inc. Bid Item 4: Tree
Protection Zone during
Construction
LBE -
OBE MICRO 100% 3.19% $38,033.87
Ground Control Bid Item 12: Furnish &
Install Rock Slope
Protection with
Soil/Rock Separation
Liner (Partial)
LBE -
MBE MICRO 100% 12.80% $152,600.00
Nitta Erosion
Control Hydroseeding 0.92% $11,000.00
SFPUC utilizes the SOLIS system. For ease of entry, included here are the figures captured by SOLIS:
LBE Subcontractor LBE Category, Type
and Economic
Threshold
Listed
Original
Participation
Amount
Participation
Amount
Subject to LBE
Goal
CMD Awarded
LBE Goal %
Water Resources Eng Inc. SF LBE – MBE (Micro) $25,000.00 $25,000.00 2.10% Lavina Trucking SF LBE – WBE (Micro) $40,000.00 $40,000.00 3.35% Mike O'Dell Surveys SF LBE – OBE (Micro) $20,600.00 $20,600.00 1.73% Arborist Now Inc. SF LBE – OBE (Micro) $38,033.87 $38,033.87 3.19% Ground Control SF LBE – MBE (Micro) $152,600.00 $152,600.00 12.80% TOTAL $276,233.87 $276,233.87 23.16%
JDB & Sons Construction, Inc. satisfied the “Good Faith Efforts” requirement.
JDB & Sons Construction, Inc. utilized Approach A and exceed the LBE subcontractor participation requirement by 35% by relying on self-performed contract work as a Micro-LBE Prime Bidder.
CMD finds JDB & Sons Construction, Inc. is responsive to pre-awar d requirements of Chapter 14B.
Once awarded, the contract will be monitored for compliance with the LBE subcontractor participation commitment, as well as other 14B requirements.
Primary CMD contact for the contract: Jovi Cuntapay-Vitin, [email protected]
CMD must be contacted immediately for:
- Subcontractor addition/substitution;
- Contract modification that cumulatively increases the original contract value by 20%; - Prompt payment issues;
- Any other issues pertaining to LBE subcontractor participation
Noncompliance may result in penalties, including monetary fines. Please communicate with CMD early.
[JCV]
280
Harry
Tracy
Water
Treatment
280
Junipero
Serra
Park
1 Culvert Replacement and Hillside Restoration Reimbursement Agreement Regarding Junipero Serra Park
This Culvert Replacement and Hillside Restoration Reimbursement Agreement Regarding Junipero Serra Park (“Agreement”), dated for reference purposes only __________, 2024, is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a California municipal corporation (“CCSF”) acting by and through its Public Utilities Commission (“ SFPUC”), CITY OF SAN BRUNO, a California municipal corporation (“ San Bruno”), and COUNTY OF SAN MATEO, a political subdivision of the State of California (“ County”). CCSF, San Bruno, and County are collectively referred to in this Agreement as the “Parties.”
RECITALS
A. CCSF, acting by and through the SFPUC owns and operates a regional water system that serves San Francisco and twenty-seven (27) wholesale water customers located in San Mateo, Santa Clara, and Alameda counties in the Bay Area.
B. CCSF’s water system includes the San Andreas Pipelines No. 2 and 3 (collectively, the “Existing Pipelines”), which are located in CCSF’s right-of-way that is situated in part within an easement (the “CCSF Easement”) that spans certain lands owned and operated by the County as a public park, known as Junipero Serra Park located at 1801 Crystal Springs Road, in San Bruno, California (“Junipero Serra Park”), as shown approximately on the attached Exhibit A.
C. CCSF replaced four segments, approximately 6,500 feet, of the San Andreas Pipeline No. 2, in the City of San Bruno (“SFPUC Project”) including a segment within the CCSF Easement area.
D. During the SFPUC Project, CCSF discovered a leaking stormwater pipe (“ Pipe”) and erosion within the CCSF Easement area and along the Pipe to El Zanjon Creek, shown on attached Exhibit B (the area is described in this Agreement as the “Property”). The Pipe was located on property owned by the County, and discharges stormwater which drains from one or more catch basin(s) that is/are owned by San Bruno and located within San Bruno’s right of way west of Crystal Springs Road.
E. To facilitate construction, the SFPUC Project removed the Pipe and replaced it with a section of new culvert (“Culvert”) from the upstream inlet on Crystal Springs Road to a point on the slope above El Zanjon Creek. To protect the slope and the Existing Pipelines: (1) the Culvert needs to be extended to El Zanjon Creek (“Culvert Extension”) and (2) the hillside needs to be restored. The Culvert and the Culvert Extension are referred to in this Agreement collectively as the “New Culvert.” The hillside restoration component of the Work is referred to as “Hillside Restoration.” The New Culvert and Hillside Restoration are collectively, the “Work”. The Work is more particularly described on attached Exhibit C. The term “Work” also includes the design and other tasks necessary to implement the Work.
2 F. The Parties dispute ownership of the Pipe and responsibility for the Work. Solely to settle the dispute and to mitigate further erosion and impact to the Existing Pipelines and to the Property, the Parties have agreed to share the cost of the Work as described below, San Bruno has agreed to own and maintain the New Culvert subject to the conditions below, the County has agreed to maintain the repaired slope, and the Parties have mutually agreed to waive any and all claims against each respective other Party, as of the date of San Bruno’s acceptance of the New Culvert, for any damage arising out of or related to the Work or the Pipe occurring prior to San Bruno’s acceptance of the New Culvert. The Parties have mutually agreed that SFPUC and the County do not waive any claims against San Bruno for damage occurring after San Bruno’s acceptance of the New Culvert or in the event San Bruno does not accept the New Culvert.
G. CCSF is in the best position to quickly enter into contracts for the Work.
H. The Parties wish to enter into this Agreement to state the terms and conditions for (1) San Bruno’s reimbursement of CCSF for a share of the Work to be done through CCSF contracts, (2) San Bruno’s ownership of the New Culvert subject to the conditions below, (3) San Bruno’s and the County’s review and approval of the plans, specifications, and Work, and (4) the County’s authorization for the Work to be done on the Property.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Contractor. Subject to the terms and conditions of this Agreement, CCSF will retain a construction professionals (singularly or collectively, the “Contractor”) necessary to accomplish and complete the Work and provide or cause to be provided all related materials and services in connection with the performance of the Work, including all necessary design, construction, and construction management services. CCSF will commence the Work as soon as reasonably possible after the date this Agreement is mutually executed and delivered by the Parties (the “Effective Date”). Once Work is commenced, CCSF will prosecute to completion the Work with reasonable diligence.
2. Work Contracts. CCSF will cause the Contractor to perform the Work in a good and professional manner and otherwise in accordance with the plans and specifications for the Work (“Design Documents”) finally approved by San Bruno and the County pursuant to the terms of this Agreement, and any required regulatory approvals or applicable law. The Work will be subject to San Bruno’s and the County’s inspection at their sole respective cost for purposes of (a) ensuring that the Work is acceptable to San Bruno and the County and (b) verifying the accuracy of invoices from the Contractor in making payments to CCSF for the Work.
3 3. Permits and Other Governmental Authorizations. CCSF or its Contractor will, prior to commencing the Work, obtain any necessary encroachment permits or other authorizations from the County, San Bruno, or any other governmental entity necessary or desirable in connection with the Work. The effectiveness of this Agreement is subject to the execution and delivery of:
a. An encroachment permit from the County for the Work, including permission to enter the Property.
b. An encroachment permit from San Bruno for the Work within Crystal Springs Road.
The County and San Bruno will not unreasonably delay or condition any permits or approvals required for the Work.
4. Design, Approval, and As-Built Drawings.
a. Design and Approval. The Contractor designed the Culvert Extension and Hillside Restoration, and CCSF provided the 100% Design Documents to San Bruno and the County for review and approval on October 20, 2023. San Bruno and the County provided final review comments.
b. Design Changes by CCSF or its Contractor. If CCSF or its Contractor determines that it is necessary to modify the Design Documents because of any changed or newly discovered conditions or other circumstances (“Changed Circumstances”), it will notify San Bruno and the County of the possible modification, including full information about the nature and scope of the proposed modification, the reasons for it, the expected impact on the construction schedule and cost of the Work. San Bruno and the County will diligently and in good faith cooperate to review and agree on the response to such Changed Circumstances, and any related amendment to the Design Documents, in time for CCSF to meet any response deadline in the Construction Contract related to Changed Circumstances; provided, however, if the Parties are unable to agree within ten (10) business days after San Bruno and the County receive CCSF’s notice, CCSF may direct a change to the Design Documents if it determines, at its sole discretion, that the change is necessary to meet a response deadline under the Construction Contract.
c. Design Changes by San Bruno or the County. If, after San Bruno and the County’s approval of the Design Documents, either San Bruno or the County request changes to the Design Documents or any of the specifications incorporated into the Design Documents with respect to any portion of the New Culvert or Hillside Restoration, the requesting party will request such changes in writing. Such proposed changes will be subject to CCSF’s approval, which will not be unreasonably withheld, provided that CCSF’s failure to approve will not be deemed unreasonable if the improvements to be constructed as a result of such proposed change will materially interfere with the construction or operation of CCSF’s Existing Pipelines. 4 CCSF will diligently and in good faith cooperate to review and agree on the response to the request and any related changes to the Design Documents.
d. As-Built Drawings. CCSF, through its Contractor, will provide San Bruno and the County with final as-built drawings (both as hardcopies and in electronic AutoCAD file format) depicting the New Culvert and all associated improvements constructed pursuant to the Work within sixty (60) days after the completion of all Work.
5. Inspections. San Bruno and the County may inspect the progress and condition of the Work at any time during the course of construction after providing reasonable notice to CCSF and the Contractor as described in Section 14 (Day-to-Day Contacts). In conducting inspections, San Bruno and the County will not take any actions that unreasonably interfere with the Contractor’s performance, direct the Contractor’s performance in the field, or authorize any additional work. If San Bruno or the County determine that any of the Work does not materially comply with the Design Documents, the relevant party may provide written notice CCSF specifying the basis for such determination and CCSF will take all necessary steps to cause its Contractor to ensure that the Work complies with Design Documents. On substantial completion of the Work, CCSF will give San Bruno and the County prompt notice of such completion and they will have two weeks from their receipt of such notice to inspect and approve the completed Work. If San Bruno or the County reasonably determines that the completed Work does not conform to the Design Documents in a manner that could materially affect the Property or the construction, operation, maintenance, or repair of the New Culvert or upstream facilities, San Bruno or the County will give CCSF prompt written notice specifying such nonconformance and CCSF will promptly direct the Contractor to correct nonconformance at Contractor’s cost. On completion of such corrective work, CCSF will again give San Bruno and the County prompt notice of such completion and San Bruno and the County will have two weeks from its receipt of such notice to inspect and approve, or reject, such corrective work.
San Bruno or the County’s failure to timely notify CCSF of its rejection of any matter will be deemed their acceptance of such matter. San Bruno and the County will bear the expense of all inspections they conduct. San Bruno and the County will coordinate all inspections with CCSF.
6. San Bruno's Contribution Toward Payment of Costs of the Work.
a. Payment of Costs of Work. San Bruno will pay $450,000 (“San Bruno’s Share”) toward the actual total cost of the Work. CCSF will be responsible for all other costs associated with the Work, including any cost increases.
b. Reimbursement of Costs. Following completion of the Work, CCSF will submit to San Bruno and the County a Notice of Completion of Work, and within sixty (60) days of receipt of such notice, or if any corrective work is required by the County or San Bruno, within sixty (60) days of receipt of the revised notice of completion after such corrections have been made, San Bruno shall remit to CCSF its contribution toward the Work.
5 7. Ownership. San Bruno shall in a timely manner accept the New Culvert upon a determination by the Director of Public Works that each of the following conditions have been met:
a. The completed Work conforms to the Design Documents;
b. CCSF has satisfied all of its material obligations under this Agreement, including but not limited to retaining the Contractor pursuant to Section 1 of this agreement, providing the final as-built drawings pursuant to Section 4 of this agreement, and assigning any warranties provided to CCSF for the work under the Change Orders, pursuant to Section 8 of this Agreement;
c. The County has provided San Bruno an easement for San Bruno’s ownership and maintenance of the New Culvert, as well as its right to discharge stormwater from the New Culvert onto County property, in the form attached hereto as Exhibit D, and San Bruno agrees to the terms and conditions thereof; and
d. The County has satisfied all of its obligations under this Agreement.
If any Party contends that there are issues impacting San Bruno’s acceptance of the New Culvert, and particularly if the County or CCSF contends that San Bruno is failing to accept the New Culvert in a timely manner despite the above conditions being met, the Parties shall meet and confer in a timely manner to resolve any issues delaying or preventing acceptance.
San Bruno’s acceptance of the New Culvert shall be shown by a resolution accepting the New Culvert adopted by the City Council and by recording any such instrument as deemed necessary by San Bruno. Prior to such acceptance, San Bruno is not deemed by virtue of this Agreement to have taken ownership of or responsibility for the New Culvert, and San Bruno’s approval of the Design Documents shall not impose any responsibility or liability on San Bruno in the event that that San Bruno does not accept the New Culvert. Once accepted, the New Culvert and all improvements made in connection with the Work (aside from soil buttressing to address erosion not caused by the New Culvert, which will belong to the County) shall be and remain at all times the sole personal property of San Bruno and neither CCSF nor the County will have any right, title, or interest whatsoever in or to the same, and CCSF and the County shall disclaim any and all right, title, or interest, if any existed, in the Culvert or the New Culvert. Further, at no time will CCSF have any responsibility to maintain, operate, or replace the New Culvert, and any such maintenance, operation, and replacement will lie with San Bruno pursuant to the easement attached hereto as Exhibit D.
8. Warranty. CCSF will assign to San Bruno and the County any warranties provided to CCSF for the Work.
6 9. Construction Delay. No party will be responsible for any delay in construction resulting from any cause beyond the control of such party, including, but without limiting the generality of the foregoing, any delay resulting from labor disturbances or shortages, the failure of governmental agencies to issue required agreements, permits, or consents to the extent not attributable to the negligence or delay caused by a party or its agents, weather conditions, government order or regulation, or wet soil conditions (each, a “Force Majeure Event”).
10. Indemnification and Insurance.
a. With respect to any of the Work constructed, installed, or placed by the Contractor in accordance with the Design Documents, to the fullest extent permitted by law, each Party will defend, indemnify, and save harmless the other Parties, including their respective boards, commissions, employees, agents, and contractors from and against any and all demands, claims, losses, costs, judgments, awards, penalties, fines, damages, injuries (including, without limitation, injury to or death of an employee of San Bruno, the County, CCSF or their contractors, subcontractors, or consultants), expenses, and liability of every kind (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, fees of expert consultants or witnesses in litigation, and costs of investigation) (each, a “Claim”), that arise out of, or relate to, directly or indirectly, in whole or in part, (a) any defect or negligence in the Design Documents or, (except to the extent any Claim results from the Contractor’s acts or omissions or willful misconduct) the construction, placement, or installation of the Work constructed pursuant to the Design Documents; or (b) Claims based on the design, implementation, construction, repair, or modification of the Work.
Each Party’s liability under this Section shall be proportional to the harm or loss caused directly or indirectly by that Party. The Parties’ obligations under this Section will survive the expiration or earlier termination of this Agreement.
b. Indemnification and Insurance to be Provided by CCSF’s Contractor. In connection with the performance of the Work, the Change Order will require the Contractor to (i) name San Bruno and the County and their directors, officers, agents, and employees as co- indemnitees with respect to the Contractor’s obligation to indemnify and hold harmless CCSF and its directors, officers, agents and employees from all for any damage or liability claims directly or indirectly arising out of, connected with, or resulting from the performance or nonperformance of the Work and (ii) obtain and maintain insurance coverages in accordance with CCSF’s standard specifications, including a professional liability insurance policy for licensed professionals performing work pursuant to this agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions, statutory worker’s compensation insurance and employer’s liability insurance for any and all persons employed directly or indirectly by the Contractor with limits not less than $2,000,000, and a general commercial liability and auto insurance policy which provides coverage in an amount not less than two million dollars per occurrence, naming San Bruno and the County and their directors, officers, agents and employees as additional insureds under the terms of the policy. CCSF shall require the Contractor to provide a Waiver of Subrogation for all applicable insurance policies in favor of the City of San Bruno and the City and County of San Francisco. 7 11. Waiver and Release. In the event that any damage is caused to the Existing Pipelines, the New Culvert or the Property, arising out of or related to the Work or the Pipe and occurring up until San Bruno’s acceptance of the New Culvert, as of the date of San Bruno’s acceptance of the New Culvert, the Parties shall be deemed to mutually release, waive all claims against, and forever discharge each other respective Party and each of its elected officials, representatives, members, officers, managers, employees, agents, contractors, affiliates, successors, assigns, creditors, attorneys, heirs, executors, and administrators, from any and all claims for damages, equitable relief, actions for writ of mandate, demands, causes of action, damages, liabilities, and obligations, of whatever description or nature, arising out of, directly or indirectly, or relating in any manner to the Work or the Property, including but not limited to any claims for compensation, indemnity (except as provided in this Agreement), entitlements, reversionary interests, severance damages, special damages, inverse condemnation damages, interest, litigation expenses, attorneys’ fees and costs. SFPUC and the County do not waive any claims against San Bruno for damage occurring after San Bruno’s acceptance of the New Culvert or in the event San Bruno does not accept the New Culvert.
12. Compliance with Applicable Laws. In all actions required under this Agreement in connection with the design and construction of the Work, the Parties and the Contractor will comply with all Applicable Laws. For the purposes of this Agreement, the term “Applicable Laws” means any one or more of all present and future applicable laws, ordinances, rules, regulations, permits, authorizations, orders and requirements, whether or not in the contemplation of the parties, including, without limitation, all consents or approvals required to be obtained from, and all rules and regulations of, and all building and zoning laws of, all federal, state, county and municipal governments, the departments, bureaus, agencies or commissions thereof, authorities, board of officers, or any other body or bodies exercising similar functions, having or acquiring jurisdiction of, or which may affect or be applicable to the Property or the Work or any part thereof, including, without limitation, any subsurface area, use thereof, and the buildings and improvements thereon.
13. Notices. Any notice given under this Agreement will be in writing and given by delivering the notice in person, by commercial courier, or by sending it by registered or certified mail, or express mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given. Any mailing address may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement will be deemed given, received, made or communicated on the date personal receipt occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A party may not give official or binding notice by email or by facsimile. The effective time of a notice will not be affected by the receipt of the original or email or facsimile copy of the notice.
Notice addresses for CCSF: Steve Ritchie
Assistant General Manager, Water Enterprise
SFPUC
8 525 Golden Gate Ave, 13th Floor
San Francisco, CA 94102
Janet Ng
SFPUC Project Management Bureau
525 Golden Gate Ave, 9th Floor
San Francisco, CA 94102
Joseph Liu
SFPUC Construction Management Bureau
525 Golden Gate Ave, 6th Floor
San Francisco, CA 94102
Real Estate Director
Re: Junipero Serra Park Culvert
SFPUC Real Estate Services
525 Golden Gate Ave, 10th Floor
San Francisco, CA 94102
Notice addresses for San Bruno:
Matthew Lee
Director of Public Works
City of San Bruno
568 El Camino Real
San Bruno, CA 94066
Notice addresses for the County: Scott Lombardi
San Mateo County Parks, Park Superintendent
455 County Center, 4th Floor
Redwood City, CA 94063
14. Day-to-Day Contacts. For inspections or inquiries related to design or construction, the Parties will use the following contacts:
Day-to-day contact for CCSF: Real Estate Director
Re: Junipero Serra Park Culvert
SFPUC Real Estate Services
[email protected]
Day-to-day contact for the County: Scott Lombardi
San Mateo County Parks, Park Superintendent
[email protected]
9 Day-to-day contact for San Bruno: Dennis Bosch
City of San Bruno, Deputy Director of Maintenance
[email protected]
15. Severability. If any provision of this Agreement, or application thereof to any person or circumstance, is to any extent be determined to be invalid, then such provision will be modified, if possible, to fulfill the intent of the parties as reflected in the original provision. The remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, will not be affected thereby, and each provision of this Agreement will be valid and enforced to the fullest extent permitted by law.
16. Certification of Controller. The terms of this Agreement will be governed by and subject to the budgetary and fiscal provisions of CCSF’s Charter. Notwithstanding anything to the contrary contained in this Agreement, there will be no obligation for the payment or expenditure of money by CCSF under this Agreement unless CCSF’s Controller first certifies, pursuant to Section 3.105 of CCSF’s Charter, that there is a valid appropriation from which the expenditure may be made and that unencumbered funds are available from the appropriation to pay the expenditure. Without limiting the foregoing, if in any fiscal year of CCSF after the fiscal year in which the term of this Agreement commences, sufficient funds for the funding of construction costs and any other payments required under this Agreement are not appropriated, then CCSF may terminate this Agreement, without penalty, liability or expense of any kind to CCSF, as of the last date on which sufficient funds are appropriated. CCSF will use its reasonable efforts to give San Bruno and the County reasonable advance notice of such termination.
17. Sunshine Ordinance. San Bruno and the County acknowledge that CCSF is subject to the San Francisco Sunshine Ordinance, San Francisco Administrative Code, Chapter 67, which inter alia, provides that (1) during the course of negotiations for sole source contracts, all documents, including draft contracts must be available to the public upon written request; (2) contracts and all other records of communications between CCSF and persons seeking contracts will be open to inspection immediately upon the award of the contract, and (3) drafts of contracts being negotiated must be made available for public review, upon request, ten (10) days prior approval by a policy body, unless the policy body finds that and articulates how the public interest would be unavoidably and substantially harmed by such disclosure.
18. MacBride Principles. Pursuant to San Francisco Administrative Code Section 12.F.5, CCSF urges companies doing business in Northern Ireland to move towards resolving employment inequities, and encourages such companies to abide by the MacBride Principles.
CCSF urges San Francisco companies to do business with corporations that abide by the MacBride Principles.
19. Tropical Hardwood and Virgin Redwood. Pursuant to §804(b) of the San Francisco Environment Code, CCSF urges contractors not to import, purchase, obtain, or use for any 10 purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood product.
20. Labor Code and Public Contract Code. To the extent that San Bruno would be required to comply with the Labor Code and Public Contract Code if it were procuring the Work, CCSF’s Contractor shall comply with all applicable provisions.
21. General Provisions. (a) This Agreement may be amended or modified only by a writing signed by the Parties. (b) No waiver by any Party of any of the provisions of this Agreement will be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. (c) No waiver will be deemed a subsequent or continuing waiver of the same, or any other, provision of this Agreement. (d) The Recitals set forth above are true and correct and are incorporated into this Agreement. (e) This Agreement (including the exhibit(s) hereto) contains the entire agreement between the Parties and all prior written or oral negotiations, discussions, understandings and agreements are merged herein. (f) The Parties acknowledge that they each enter into this Agreement after having had an opportunity for thorough review by, and on advice of, their respective legal counsel. The judicial rule of construction requiring or allowing an instrument to be construed to the detriment of or against the interests of the maker thereof will not apply to this Agreement. (g) The section and other headings of this Agreement are for convenience of reference only and will be disregarded in the interpretation of this Agreement. (g) Time is of the essence in all matters relating to this Agreement. (h) This Agreement will be governed by California law and CCSF’s Charter. (i) The Parties may not record this Agreement or any memorandum hereof. (j) The Parties will not assign or transfer their rights or obligation under this Agreement without the other Parties’ consent. Notwithstanding this prohibition, this Agreement will be binding on and inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns. (k) This Agreement does not create a partnership or joint venture between the Parties as to any activity conducted on, on or relating to the Property. (l) The Parties agree to act in good faith and reasonably in all matters relating to the Work. (m) This Agreement may be executed in any number of counterparts, all of which together will constitute one original Agreement.
11 IN WITNESS WHEREOF, the Parties are deemed to have caused this Agreement to be executed as of the date set forth above.
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
CITY OF SAN BRUNO,
a municipal corporation
By: By:
DENNIS J. HERRERA, JR.,
General Manager
San Francisco Public Utilities
Commission
Date:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
City Attorney
By:
COUNTY OF SAN MATEO,
a political subdivision of the State of
California
Shari Geller Diamant
Deputy City Attorney
By:
Date:
APPROVED AS TO FORM:
By:
EXHIBIT A
Map of CCSF Easement and Existing Pipelines in Junipero Serra Park
[attached]
EXHIBIT B
Diagram of Erosion and Leaking Culvert
[attached]
EXHIBIT C
Description of the Work
[attached]
EXHIBIT D
Form of Access Easement
[attached]