DATE: June 17, 2024
TO: President and Members of the EMID Board of Directors VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager
FROM: Andrew Brozyna, Public Works Director/District Engineer DEPARTMENT: Public Works
SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH
ERLER & KALINOWSKI, INC. FOR THE WASTEWATER
TREATMENT PLANT MASTER PLAN IMPROVEMENTS
PROJECT (CIP 455-652)
RECOMMENDATION
It is recommended that the EMID Board of Directors adopt the attached resolution for the award of a professional services agreement to Erler & Kalinowski, Inc. (EKI) in an amount not-to-exceed $200,000, to provide project management services to assist the District in the oversight of the Wastewater Treatment Plant (WWTP) Master Plan Improvements Project (CIP 455-652) (the Clean Water Program) for Fiscal Year 2024/2025; authorize the District Manager to renew the agreement with EKI in an amount to be approved by the EMID Board as part of the annual budget for up to two additional years, upon demonstration of satisfactory performance; and find the project exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
EXECUTIVE SUMMARY
The Clean Water Program is a comprehensive Capital Improvement Program (CIP) combining the City of San Mateo’s wastewater collection system CIP with the WWTP Master Plan improvements. In October 2024, the Clean Water Program will be entering its eleventh year. The current estimated total program cost is approximately $1 billion.
The WWTP improvements are estimated at approximately $650 million dollars, of which EMID is responsible for an estimate of $155 million. While the City of Foster City/EMID
is partner and co-owner of the WWTP with the City of San Mateo, this project has required the Foster City Public Works Department to closely monitor the project’s progress and costs. EKI has been assisting the District since February 2015, to ensure that EMID’s interests are protected and ensure costs are allocated appropriately. The current contract with EKI is expiring on July 31, 2024. Project Management oversight services would be for an additional contract period of one year, effective August 1, 2024, with an option to renew up to two additional years. The contract provides for termination of the agreement without cause at the end of each contract period. Funding for this project is available in the Wastewater Enterprise CIP Fund.
BACKGROUND
On October 20, 2014, the City of San Mateo awarded an agreement to Jacobs for professional engineering services pertaining to the Program Management of San Mateo’s Clean Water Program to provide the expertise and resources to create a team responsible for the management and delivery of the WWTP Master Plan Improvements Project (the Clean Water Program). The Team is responsible to drive the schedule, control budgets, and coordinate the design, construction, and startup activities of the program. The team consists of key staff from the City of San Mateo, Jacobs consultants, and other consultants.
To protect the District’s interests, on February 5, 2015, the District executed an agreement with EKI, in an amount of $29,500, to assist staff in monitoring the Clean Water Program’s progress and cost allocations, and to provide staff augmentation and assistance as requested. In July 2015, the District Board authorized the execution of an agreement with EKI for FY 2015/2016 in an amount of $230,000 to continue to assist staff with program oversight. The contract provided for the option to renew for up to two additional years. In August 2018, the District Board authorized a second agreement with EKI for FY 2018/2019, in the amount of $160,000. The contract was renewed in FY2019/2020 and FY2020/2021. In June 2021, the District Board authorized a third agreement with EKI for FY 2021/2022, in the amount of $200,000. The contract was renewed in FY 2022/2023 and again last fiscal year and will expire on July 31, 2024. To date, staff has been satisfied with EKI’s work, and has negotiated a new contract to secure the firm’s services for another year from August 1, 2024 through July 31, 2025.
ANALYSIS
Implementation of the CIP for the City of San Mateo’s wastewater collection system and the improvements needed at the WWTP have required a tremendous effort in planning, coordination, and program controls for the last several years and will continue over the next year of the project as it comes to an end. The complexity of the work requires a high level of technical knowledge for the planning, design, construction, and start-up of the new systems. Multiple design and construction contracts are in progress simultaneously and in different stages, while the existing treatment plant remains in operation.
Pursuant to the City of Foster City’s Purchasing Policy (which is adopted by EMID per Section 4.48.010) and Purchasing Ordinance found in Chapter 3.04 of the Foster City Municipal Code (FCMC), professional service contracts generally require a formal bid process as provided in FCMC section 3.04.140(B)(2). However, in this case, FCMC section 3.04.110 allows for purchasing alternatives in which the formal bid process is foregone if the commodities can only be obtained from one vendor. EKI has provided project support for the WWTP for almost ten years. It would be beneficial to continue to utilize the services of EKI to maintain continuity as the firm is familiar with the complexity of the WWTP projects and program history and construction of the main project is nearly complete. Staff has been satisfied with EKI’s performance over the last nine and a half years. EKI would continue to provide staff augmentation to assist EMID staff with representing the District’s interests related to the Clean Water Program and ensuring the District is paying its fair share of the Program costs. EKI would report to EMID Public Works staff and provide technical analysis of proposed projects as-needed, as outlined in the attached agreement. The agreement would be for one-year, effective August 21, 2024 through July 31, 2025 with the option to renew up to two additional years.
CEQA
This action is not a project subject to CEQA as it will not have a direct or reasonably foreseeable impact on the environment. Even if it were determined to be a project under CEQA, it would be exempt under CEQA Guidelines section 15061(b)(3).
FISCAL IMPACT
Funding has been included in the FY2024/2025 CIP Wastewater Enterprise CIP Fund, Account #455-0910-652-4251, budget for program management assistance associated with the WWTP Master Plan Improvements Project. Based on the program schedule, funding will continue to be recommended at each budget cycle to support the project in subsequent years.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Agreement