DATE:
October 14, 2025
CATEGORY:
Consent
DEPT.:
Public Works
TITLE: Water and Sanitary Sewer Main
Replacement Crossing U.S. 101,
Project 20-41; City Buildings Workplace
Study (City Attorney’s Office Phase),
Project 21-50; Concrete Sidewalk and
Curb Repairs, Project 22-02—
Construction Acceptance
RECOMMENDATION
1. Accept Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41, and authorize the final contract payment.
2. Accept City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50, and authorize the final contract payment.
3. Accept Concrete Sidewalk Curb Repairs, Project 22 -02, and authorize the final contract payment.
BACKGROUND AND ANALYSIS
“Acceptance” of a construction contract is a legal event recognized by state law when the City verifies that the contractor has satisfactorily completed a public project. Once accepted, the work on the public project is complete and other actions occur, such as final payment to the contractor and the release of bonds obtained by the contractor that ensure completion of the project.
Following acceptance, the City becomes responsible for maintenance of the public project.
Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20-41
The Water and Sanitary Sewer Main Replacement Crossing U.S. 101 , Project 20-41, replaces existing major water and sewer pipelines that cross U.S. 101 under Macon Avenue and Shoreline Boulevard. Implementation of this project will increase redundancy of service to the North Bayshore Area, improve maintenance access to City utilities, and provide sewer capacity for areas outside of North Bayshore. In the first phase, the Macon Avenue water main crossing was completed in 2020 to ensure installation ahead of Microsoft’s development at 1075 La Avenida.
The second phase advanced o n June 27, 2023 , when Council approved the award of the construction contract for the utility mains crossing U.S. 101 at Shoreline Boulevard.
Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41; City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50; Concrete Sidewalk and Curb Repairs, Project 22-02—Construction Acceptance October 14, 2025
Because project design was completed under Project 16 -61, several prior Council actions combined elements of both design and construction, Projects 16 -61 and 20- 41. A paraphrased list of actions taken by Council on June 27, 2023 specific to Project 20-41 is provided below.
1. Found that in accordance with California Environmental Quality Act requirements, Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Design, Project 16 -61, was categorically exempt as Class 2, Replacement or Reconstruction, under the California Environmental Quality Act Guidelines Section 15302 and statutorily exempt under California Public Reso urces Code Section 21080.21; and the removal of two unused buildings from the VTA North Yard were exempt from the California Environmental Quality Act requirements.
2. Acting in its capacity as Board of Directors of the Shoreline Regional Park Community, appropriated and transferred $2,334,500 from the Shoreline Regional Park Community Fund to Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Construction, Project 20-41.
3. Appropriated and transferred $1,434,500 from the Wastewater Fund to Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Construction, Project 20-41.
4. Appropriated and transferred $500,000 from the Wastewater Capacity Fund to Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Construction, Project 20-41.
5. Approved plans and specifications for Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Design, Project 16 -61, and authorized staff to advertise the project for bids.
6. Authorized the City Manager or designee to award the construction contract to the lowest responsive responsible bidder if the low bid was within the project budget of $19,456,600.
7. Authorized the City Manager or designee to execute a professional services agreement with Tanner Pacific, Inc., to provide construction engineering services for Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Construction, Project 20-41, in a not-to-exceed amount of $629,300.
The project was awarded to K. J. Woods Construction, Inc. (KJW), of Burlingame at the low bid price of $9,818,000.
Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41; City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50; Concrete Sidewalk and Curb Repairs, Project 22-02—Construction Acceptance October 14, 2025
Following the award of the construction contract, additional work items arose due to the U.S.
Environmental Protection Agency (EPA) requirements for further soil and groundwater data collection and handling stemming from elevated polychlorinated biphenyls (PCBs) contamination identified at the VTA’s North Yard. The project did not have sufficient funding to cover the delays and increased costs to comply with the EPA’s requirements, resulting in the following additional Council actions taken for Project 20-41 on January 28, 2025:
1. Acting in its capacity as Board of Directors of the Shoreline Regional Park Community, appropriated and transferred a total of $1,113,000 from the Shoreline Regional Park Community Fund to Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Construction, Project 20-41.
2. Appropriated and transferred $371,000 from the Water Capacity Fund and $371,000 from the Wastewater Capacity Fund to Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Construction, Project 20-41.
3. Acting in the joint capacity as the City Council and Board of Directors of the Shoreline Regional Park Community, authorized the City Manager and Community Manager, or their respective designees, to amend the construction contract with KJW for Water and Sanitary Sewer Main Replacement at U.S. 101, Project 20-41, to add $1,700,000 to the contingency budget for a total contract amount of $11,518,000. Approximately 16% of the total project costs will be funded by the Shoreline Regional Park Community Fund.
These actions increased the total construction contract amount with KJW to $11,518,000. The project included the construction of new water and sewer mains utilizing pilot tube micro - tunneling and open trench construction. Approximately 610 linear feet of pilot tube micro - tunneling for both the water and sewer mains was performed crossing under U.S. 101 in Caltrans’ right-of-way. Open trench construction was used to install approximately 3,100 linear feet of water main and 2,500 linear feet of sewer main within the VTA North Yard along La Avenida, Inigo Way, and Pear Avenue.
The final construction cost of $11,006,204 is within the construction contract amount of $11,518,000 and included 11 contract change orders for the total amount of $2,110,534 and a final quantity adjustment change order, resulting in contract savings of $511,796. All construction work has been completed in accordance with the approved plans and specifications.
Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41; City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50; Concrete Sidewalk and Curb Repairs, Project 22-02—Construction Acceptance October 14, 2025
City Buildings Workplace Study (City Attorney’s Office Phase), Project 21-50
On May 14, 2024, Council took the following actions on the project:
1. Found that in accordance with California Environmental Quality Act requirements, City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50, was categorically exempt under California Public Resources Code Section 15301, Existing Facilities.
2. Approved plans and specifications for City Buildings Workplace Study (City Attorney’s Office Phase), Project 21-50, and authorized staff to advertise the project for bids.
3. Authorized City Manager or designee to award a construction contract to the lowest responsible responsive bidder if the bid was within the total project budget of $2,220,000.
The contract was awarded to Ron Paris Construction Co., Inc., of Santa Clara at the low-bid price of $196,200. This project included the remodel of the existing City’s Attorney’s Office legal library into two new dedicated offices and a work area for two small workstations, including separation/dividing walls and doors.
The final construction cost of $ 172,345 is within the construction contract amount of $ 196,200 and included one contract change order for the total amount of $ 3,645 and a final quantity adjustment change order, resulting in contract savings of $23,855. All construction work has been completed in accordance with the approved plans and specifications.
Concrete Sidewalk Curb Repairs, Project 22-02
On September 10, 2024, Council took the following actions on the project:
1. Found that in accordance with the California Environmental Quality Act requirements, Concrete Sidewalk and Curb Repairs, Project 22 -02, was categorically exempt as Class 1, Section 15301, Existing Facilities, of the California Environmental Quality Act Guidelines.
2. Approved plans and specifications for Concrete Sidewalk and Curb Repairs, Project 22 -02, and authorized staff to advertise the project for bidding.
3. Authorized the City Manager or designee to award a construction contract to the lowest responsible bidder if the bid was within the project budget of $1,110,000.
The project was awarded to Rosas Brothers Construction of Oakland at the low bid price of $721,536. The project included the removal and replacement of approximately 10,400 square Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41; City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50; Concrete Sidewalk and Curb Repairs, Project 22-02—Construction Acceptance October 14, 2025
feet of concrete sidewalk, 500 square feet of driveway, and 1,800 linear feet of curb and/or gutter in various locations.
The final construction cost of $ 711,904 is within the construction contract amount of $ 721,536 and included one contract change order for the total amount of $ 14,900 and a final quantity adjustment change order, resulting in contract savings of $9,633. All construction work has been completed in accordance with the approved plans and specifications.
FISCAL IMPACT
Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20-41
Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41, is funded as follows.
Table 1: Funding Sources
Funding Source Amount
Wastewater Debt Proceeds $ 4,928,350
Shoreline Regional Park Community Fund 3,447,500
North Bayshore Water Development Impact Fees 3,412,000
Water Capacity Fees 3,067,000
Water Fund 2,979,000
Wastewater Fund 2,930,500
Wastewater Capacity Fees 871,000
North Bayshore Wastewater Development Impact Fees 14,000
Total $21,649,350
Project 20- 41 has funded the construction of the first phase, the Macon Avenue water main crossing, including construction management and inspection services, the right -of-way acquisition for the utility easement through VTA North Yard, and the construction of water and sewer main through the 1001 North Shoreline Boulevard development via a reimbursement agreement with the developer.
The total project expenditure, including the utility mains crossing U.S. 101 at Shoreline Boulevard, is estimated to be approximately $21,112,000 and is within the allotted budget, including design, project administration, construction management, inspection, and other costs. Any remaining funds will be returned to the following funding sources in proportion to the project’s use of these Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41; City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50; Concrete Sidewalk and Curb Repairs, Project 22-02—Construction Acceptance October 14, 2025
funding sources once the project is closed: Shoreline Regional Park Community Fund, Water Fund, and Wastewater Fund.
City Buildings Workplace Study (City Attorney’s Office Phase), Project 21-50
The design and construction of the City Attorney’s Office Phase is under the overall City Buildings Workplace Study, Project 21 -50, which is funded with $1,560,000 from the CIP Reserve Fund, $400,000 from the Development Services Fund, and $ 370,000 from Construction and Conveyance Tax Fund, for a total funding amount of $2,330,000, of which $443,000 was allocated for this subproject.
This phase’s expenditures are estimated to be approximately $ 376,000 and are within the allotted budget, including design, project administration, construction management, inspection, and other costs. The remaining funds for this subproject will remain in Project 21-50 and be used for other needed facility projects.
Concrete Sidewalk Curb Repairs, Project 22-02
Concrete Sidewalk Curb Repairs, Project 22 -02 is funded with $1, 010,000 from the Construction/Conveyance Tax Fund.
The total project expenditure is estimated to be approximately $ 866,900 and is within the allotted budget, including design, project administration, construction management, inspection, and other costs. Any remaining funds will be returned to the Construction/Conveyance Tax Fund once the project is closed.
LEVINE ACT
California Government Code Section 84308 (also known as the Levine Act) prohibits city officials from participating in any proceeding involving a “license, permit, or other entitlement for use” if the official has received a campaign contribution exceeding $500 from a party, participant, or agent of a party or participant within the last 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41; City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50; Concrete Sidewalk and Curb Repairs, Project 22-02—Construction Acceptance October 14, 2025
information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to- play-limits-and-prohibitions.html
Please see below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
EXEMPT FROM THE LEVINE ACT
☒ Competitively bid contract
CONCLUSION
Construction has completed for three projects: (1) Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20-41; (2) City Buildings Workplace Study (City Attorney’s Office Phase), Project 21- 50; and (3) Concrete Sidewalk and Curb Repairs, Project 22 -02. Staff recommends acceptance of the projects to allow final payments and the release of bonds.
ALTERNATIVES
1. Determine that the improvements have not been completed in conformance with City standards and decline to accept the improvements until they are completed to the satisfaction of the City Council.
2. Provide other direction.
Water and Sanitary Sewer Main Replacement Crossing U.S. 101, Project 20 -41; City Buildings Workplace Study (City Attorney’s Office Phase), Project 21 -50; Concrete Sidewalk and Curb Repairs, Project 22-02—Construction Acceptance October 14, 2025
PUBLIC NOTICING—Agenda posting.
Prepared by:
Vincent Chang
Senior Civil Engineer
James Panganiban
Associate Engineer
Reviewed by:
Ashraf Shah
Principal Civil Engineer
Edward Arango
Assistant Public Works Director/
City Engineer
Approved by:
Jennifer Ng
Public Works Director
Audrey Seymour Ramberg
Assistant City Manager
PWK/LL/VC-10-14-25CR
cc: APWD—Arango, APWD—Au, PCE —Shah, PCE—Gonzalez, PCE—Tseng, PPM—Printy, SPM—Hattori, AE—Panganiban, AE—Chen, SCE—Chang, SCE—Chekmareva, SCE—
Morales, SMA—Goedicke, SMA —Doan, PA —Li, [email protected], F (16-61, 20-41, 21-50, 22-02)