Agenda packet, regular meeting — San Mateo City Council, June 20, 2022 (part 1 of 4)

CITY OF SAN MATEO
City Council Regular Meeting
June 20, 2022
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
THIS MEETING IS BEING HELD PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDERS WHICH SUSPEND CERTAIN REQUIREMENTS OF THE BROWN ACT.

THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here: June 20, 2022 Zoom Meeting To join via telephone: (408) 638-0968
Webinar ID: 828 8712 7812 Passcode: 016969
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

CALL TO ORDER
Pledge of Allegiance
Roll Call

CEREMONIAL

1. HIP Housing 50th Anniversary

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

2. Caltrans Cooperative Implementation Agreement – Amendment Adopt a Resolution to transfer $197,834.62 in Caltrans funds from the Coyote Point Trash Capture project to the Poplar at Golf Course Trash Capture project and reduce funding from the Solid Waste Fund by $197,834.62 appropriated to the Poplar at Golf Course Trash Capture project; approve Amendment No. 1 to the Cooperative Implementation Agreement with Caltrans to allow the use of remaining funds to cover scope in the Poplar at Golf Course Trash Capture project; and authorize the Public Works Director to execute the amendment in substantially the form presented.

3. Contracts with Contingency Component – Update
Receive the report on citywide contracts contingency fund expenditures for the period from July 1, 2015 through February 28, 2022.

4. Citywide Street Rehabilitation Package 3-B (Phase 1) – Agreements Approve an agreement with G. Bortolotto & Company, Inc. for street repair work for the Citywide Street Rehabilitation Package 3-B (Phase 1) Project in the amount of $2,166,207 and establish a contingency reserve in the amount of $217,000; approve an agreement with CSG Consultants, Inc. for construction inspection support in 1 of 846
the amount of $108,500 and establish a contingency reserve in the amount of $10,850; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders within the amount of the contingency reserves.

5. Payment of Capital Costs of Clean Water Program Projects – Interim Agreement Adopt a Resolution to approve an Interim Agreement with the Town of Hillsborough for the Payment of Capital Costs of Clean Water Program Projects including an initial payment to the City in the amount of $2,415,000; a payment schedule for Hillsborough in the amount of $2,402,979 per year; and authorize the City Manager to execute the Interim Agreement and amend the payment schedule, as specified.

6. Wastewater Treatment Plant Supply of Chemicals – Contracts Award chemical supply contracts to 1) Univar Solutions USA Inc. to supply sodium bisulfate in the amount of $323,394, including sales tax; 2) Univar Solutions USA Inc. to supply sodium hypochlorite in the amount of $490,550, including sales tax; and 3) Kemira Water Solutions, Inc. for the supply of ferric chloride in the amount of $266,828, including sales tax; and authorize the Public Works Director to execute the contracts in substantially the form presented.

7. Wastewater Treatment Plant Supply of Liquid Emulsion Polymer – Contract Adopt a Resolution to approve an alternative purchasing procedure and award a contract to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $379,303, including sales tax, and authorize the Public Works Director to execute the contract in substantially the form presented.

8. Wastewater Treatment Plant Biosolids Hauling and Disposal – Agreement Award an agreement to Synagro-WWT, Inc. for Wastewater Treatment Plant biosolids hauling and disposal for three years in an amount not-to-exceed $1,824,250; approve two, one-year options to extend at $610,000 each for a not-to-exceed total amount of $3,044,250; establish a contingency of $100,000; and authorize the Public Works Director to execute the agreement and issue change orders up to the contingency amount in substantially the form presented.

9. Wastewater Treatment Plant Immediate Action Projects, Package III – Bid Rejection Adopt a Resolution to reject the sole bid received for Wastewater Treatment Plant Immediate Action Projects, Package III, and authorize the Public Works Director to negotiate a contract directly with Mountain Cascade, Inc.

10. Wastewater Treatment Plant SCADA Monitoring and Upgrade Project – Agreement Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Technology Management Professionals dba TMPros, LLC in the amount of $143,040 to monitor and maintain the Supervisory Control and Data Acquisition (SCADA) system at the Wastewater Treatment Plant, establish a contingency of $10,000, and authorize the Public Works Director to execute the contract and issue change orders up to the contingency amount in substantially the form presented.

11. US 101/SR 92 Mobility Hub and Smart Corridor Concept Plan – Alternative Congestion Relief and Transportation Demand Management Funding Application
Adopt a Resolution to authorize an application with the San Mateo County Transportation Authority for Alternative Congestion Relief and Transportation Demand Management Funding for the US 101/SR 92 Mobility Hub and Smart Corridor Concept Plan.

12. Uniform Maintenance Services – Agreement Change Order Adopt a Resolution to approve an alternative purchasing procedure and approve Change Order No. 1 to the agreement with Cintas Inc. for the purpose of uniform maintenance services in the amount of $20,000.01, for a new agreement amount not to exceed $120,000.00.
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13. Poplar Creek Irrigation Well Drilling Project – Agreement Approve an agreement with ABC Liovin Drilling, Inc for irrigation well drilling services in the amount of $180,000 with a contingency amount of $10,000; authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders up to the contingency amount; and adopt a Resolution to authorize a transfer of $15,427 from the Golf Course Upgrades FY 17-18 Project and appropriate $61,573 from the Parks and Recreation In Lieu Fees Revenue to the Golf Course Well Drilling Project for a total project budget amount not to exceed $252,000.

14. Vision Service Plan – Amendment
Approve Amendment No. 6 to the agreement with Vision Service Plan for employee vision insurance for an extension of two years from July 1, 2022 to June 30, 2024, and authorize the Human Resources Director to execute the amendment.

15. Fiscal Year 2022-23 General Liability and Property Insurance – Purchase Authorization Authorize a staff committee comprised of the City Manager, the Finance Director and the City Attorney to select the most cost-effective program to insure the City's general liability and property risks, and authorize the City Attorney to execute all required documents to purchase the selected insurance for fiscal year 2022-23.

16. Compost Procurement Pilot Program Development Professional Services Agreement with San Mateo Resource Conservation District – Agreement
Adopt a Resolution and approve an agreement with San Mateo Resource Conservation District for professional services for the development of the California Senate Bill 1383 (SB 1383) Compost Procurement Pilot Program in an amount not to exceed $73,216.26; and authorize the Public Works Director to execute the agreement and subsequent amendments in substantially the form presented.

17. Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2022 Revisions Adopt a Resolution to establish 2022 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing 3 or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.

18. November 8, 2022 General Municipal Election - Calling the District Election for Candidates Adopt a Resolution to call for and conduct the November 8, 2022 General Municipal Election; request consolidation with San Mateo County for election services; and authorize the City Clerk to execute the Service Agreement for the Provision of Election Services with the County of San Mateo for the Candidate election, in substantially the form presented.

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.
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PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made. Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.

19. 500 E. 3rd Avenue (Block 21) Mixed-Use Project – Project Approvals Adopt a Resolution to approve a Site Plan and Architectural Review, Site Development Planning Application, and Tentative Parcel Map for the properties located at 500 E. 3rd Avenue, 300-320 S. Delaware Street, 511-525 E. 4th Avenue, and 307-373 S. Claremont Street for construction of a six-story (74 feet, 2 inches in building height) mixed-use building consisting of 111 residential units and 179,560 square-feet of office uses; a Special Use Permit for construction staging at 402 S. Delaware Street; and, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program to assess the environmental impacts of the project, based on the Findings for Approval, subject to the Conditions of Approval.

20. Downtown Business Improvement Area – Annual Renewal Adopt a Resolution to levy the annual assessment for the Downtown Business Improvement Area for fiscal year 2022-23.

21. Fiscal Year 2022-23 Operating and Capital Budgets and Gann Appropriations Limit Adoption and Fiscal Years 2022-27 Capital Improvement Program – Approval
Adopt Resolutions to approve the fiscal year 2022-23 operating and capital budgets, the 2022-23 position budget, the fiscal year 2022-23 Gann appropriations limit, and the fiscal years 2022-27 Capital Improvement Program.

NEW BUSINESS

22. Ballot Measure to Increase Existing Real Property Transfer Tax Rate for Properties Sold for $10 Million or More Introduce an Ordinance to amend provisions of Chapter 3.48 “Real Property Document Transfer Tax” of the San Mateo Municipal Code to increase the City’s existing real property transfer tax from 0.5% to 1.5% for properties sold or transferred for $10 million or more, and adopt a Resolution to call the election and place the measure on the November 8, 2022 ballot.

23. Minimum Wage – Informational Update
Receive an update on the implementation of the City of San Mateo local minimum wage ordinance and provide direction on potential adjustments.

24. Transit-Oriented Development Pedestrian Access Plan – Update Receive an update on the Transit-Oriented Development Pedestrian Access Plan and provide feedback on the proposed projects.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record. (continue next page)
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For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

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PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to: [email protected] until 4 p.m. the day of the meeting.

During the meeting
By Zoom: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person: At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 5 of 846

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 2 Section Name: CONSENT CALENDAR Account Number: 21-4678 File ID: 22-6235 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Caltrans Cooperative Implementation Agreement – Amendment RECOMMENDATION:

Adopt a Resolution to transfer $197,834.62 in Caltrans funds from the Coyote Point Trash Capture project to the Poplar at Golf Course Trash Capture project and reduce funding from the Solid Waste Fund by $197,834.62 appropriated to the Poplar at Golf Course Trash Capture project; approve Amendment No. 1 to the Cooperative Implementation Agreement with Caltrans to allow the use of remaining funds to cover scope in the Poplar at Golf Course Trash Capture project; and authorize the Public Works Director to execute the amendment in substantially the form presented.

BACKGROUND:

In June 2018, City Council approved the Cooperative Implementation Agreement (CIA) No. D43CIASM0001 with Caltrans to accept $2,123,000 in funding to implement the Poplar-Dore and Coyote Point Trash Capture projects. These projects treat stormwater runoff from both City streets and U.S. Highway 101, and Caltrans often contributes funding to such trash capture projects in order to further its own environmental and regulatory compliance objectives. The City appropriated a total of $650,000 to the Poplar-Dore project and $1,473,000 to the Coyote Point project. Both trash capture projects have been completed and the Coyote Point project has $197,834.62 of Caltrans funds remaining.

The Caltrans funds will lapse if not invoiced by the City prior to the end of fiscal year 2021-22. Caltrans communicated to the City that, once the remaining funds lapse, Caltrans will also lose those funds and will be unable to apply them to other projects. To utilize these remaining funds towards their trash reduction goals before they expire, Caltrans inquired with the City about additional trash capture funding opportunities.

As part of a separate project, the City Council approved the CIA No. D43CIASM0002 with Caltrans in June 2020 to receive $330,000 in funding for the Poplar at Golf Course Trash Capture project. The Poplar at Golf Course project is currently in design and the total project costs are estimated at approximately $1,450,000, which is more than the $330,000 contributed by Caltrans, and is being funded by the City’s Solid Waste Fund. The City uses the Solid Waste Fund as the principal funding source for trash capture projects given the nexus with both solid waste and stormwater compliance objectives.

In order to utilize the remaining Caltrans funds toward meeting its environmental objectives, Caltrans and City staff agreed that applying the remaining funds previously appropriated for the Coyote Point project may be used toward funding the Poplar at Golf Course Trash Capture project is appropriate for Caltrans’ purposes and would benefit the City by reducing its funding contribution to construct the trash capture project. Accordingly, Caltrans and City staff propose to amend CIA No.

D43CIASM0001 to allow the remaining funds to be used on the Poplar at Golf Course Trash Capture project. Additionally, staff prepared the attached proposed resolution to allow the transfer of remaining funds from the Coyote Point Trash 6 of 846

CITY OF SAN MATEO
Capture (No. 468202) project to the Poplar at Golf Course Trash Capture project (No. 460059) once the agreement is executed.

BUDGET IMPACT:

The agreement amendment will reduce the City’s cost to complete the Poplar at Golf Course Trash Capture project by $197,834.62. The resolution will appropriate $197,834.62 in Caltrans funds from the North Shoreview Flood Improvements - Coyote Point Trash Capture project (No. 468202) to the Trash Capture at Poplar and Golf Course project (No. 460059).

Additionally, the resolution will reduce the current appropriated funding from the Solid Waste Fund for Project No. 460059 by a corresponding amount of $197,834.62 to maintain a balanced budget for the project.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because the transfer of budget funds between trash capture projects is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Amendment No. 1

STAFF CONTACT
Elton Yee, Associate Engineer
[email protected]
(650) 522-7320
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
AUTHORIZING A TRANSFER OF $197,834.62 IN CALTRANS FUNDING FROM THE COYOTE POINT TRASH

CAPTURE PROJECT TO THE POPLAR AT GOLF COURSE TRASH CAPTURE PROJECT AND A REDUCTION OF $197,834.62 IN FUNDING FROM THE SOLID WASTE FUND FOR THE POPLAR AT GOLF COURSE TRASH CAPTURE

PROJECT
WHEREAS, City Council approved Cooperative Implementation Agreement (CIA) No. D43CIASM0001 which included Caltrans’ appropriation of $1,473,000 for the implementation of the Coyote Point Trash Capture project; and
WHEREAS, the Coyote Point Trash Capture project has been completed under budget and has $197,834.62 in Caltrans funds remaining; and
WHEREAS, City Council approved Cooperative Implementation Agreement No. D43CIASM0002 with Caltrans to implement the Poplar at Golf Course Trash Capture project; and WHEREAS, Caltrans and the City desire to amend CIA No. D43CIASM0001 to include the Poplar at Golf Course Trash Capture project scope so that remaining project funds may be utilized to fund the Poplar at Golf Course Trash Capture project, and charges for this project may invoice the remaining funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. This City Council action is not a project subject to CEQA, because the transfer of budget funds between trash capture projects is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

2. Amendment No. 1 to CIA No. D43CIASM0001 to include the Poplar at Golf Course Trash Capture Project is approved.

3. A budget transfer of funding in the amount of $197,834.62 from the North Shoreview Flood Improvements project (468202) to the Trash Capture at Poplar and Golf Course project (460059) is authorized.

4. A corresponding reduction in the amount of $197,834.62 in funding from the Solid Waste Fund appropriated to the Trash Capture at Poplar and Golf Course (460059) to maintain a balanced budget in the project is authorized.
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City of San Mateo
CIA No. D43CIASM001
Amendment No. 1

Page 1 of 2 ends

COOPERATIVE IMPLEMENTATION AGREEMENT D43CIASM0001
AMENDMENT No. 1
This AMENDMENT No. 1 ENTERED INTO EFFECTIVE ON May 2nd 2022, is between the State of California acting by and through its Department of Transportation, referred to as CALTRANS and the City of San Mateo, referred to as “AGENCY” and together referred to as PARTIES.

RECITALS

1. CALTRANS and AGENCY entered into Cooperative Implementation Agreement No.

D43CIASM0001 (AGREEMENT D43CIASM0001) on June 19th, 2018, defining the terms, covenants and conditions to implement the Poplar-Dore and Poplar-Coyote Point Trash Capture Stormwater Improvement Project, within the regional area under the jurisdiction of AGENCY to comply with the TMDL referred to herein as PROJECT.

Caltrans agreed to contribute an amount not to exceed Two Million One Hundred TwentyThree Thousand Dollars ($2,123,000)

2. CALTRANS and AGENCY entered into Cooperative Implementation Agreement No.

D43CIASM0002 (AGREEMENT D43CIASM0002) on June 17th, 2020, defining the terms, covenants and conditions to implement the Poplar at Golf Course Trash Capture Project, within the regional area under the jurisdiction of AGENCY to comply with the TMDL referred to herein as PROJECT. Caltrans agreed to contribute an amount not to exceed Three Hundred Thirty Thousand Dollars ($330,000).

3. The purpose of this AMENDMENT No. 1 is to use the left-over Caltrans funds in the amount of $197,834.62 from PROJECT D43CIASM0001 to cover the scope of the PROJECT D43CIASM0002 as additional funds are needed for Project D43CIASM0002.

CALTRANS agrees to the revision.

IT IS MUTUALLY AGREED:

1. AMENDMENT No. 1 is hereby deemed a part of the AGREEMENT D43CIASM0001; specifically, remaining funds in the amount of $197,834.62 from PROJECT D43CIASM0001 may be utilized as additional funds for the Poplar at Golf Course Trash Capture Project as identified in PROJECT D43CIASM0002.

2. All other terms and conditions of said amended AGREEMENT D43CIASM0001 shall remain in full force and effect.
[SIGNATURES TO FOLLOW]
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2 SIGNATURES
Signatories may execute this AGREEMENT D43CIASM0001 AMENDMENT No. 1 through individual signature pages provided that each signature is an original. This AGREEMENT D43CIASM0001 AMENDMENT No. 1 is not fully executed until all original signatures are attached. PARTIES are empowered by California Streets and Highways Code (SHC) sections 114 and 130 to enter into this AGREEMENT D43CIASM0001 AMENDMENT No. 1 and have delegated to the undersigned the authority to execute this AGREEMENT D43CIASM0001 AMENDMENT No. 1 on behalf of the respective agencies and covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT D43CIASM0001 AMENDMENT No. 1.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION CITY OF SAN MATEO
Signature: Signature:

Print Name: ANAND MAGANTI Print Name:

Title: Stormwater Coordinator Title: Public Works Director Date: Date:

Signature: Signature:

Print Name: SHAILA CHOWDHURY Print Name:

Title: Assistant Chief, Division of
Environmental Analysis
Title:

Date: Date:

Signature:

Print Name: RAMON L HOPKINS
Title: Acting Chief, Division of
Environmental Analysis
Date:
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 22-6246 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Contracts with Contingency Component – Update
RECOMMENDATION:

Receive the report on citywide contracts contingency fund expenditures for the period from July 1, 2015 through February 28, 2022.

BACKGROUND:

When presenting contracts to Council for award, staff typically requests approval of contingency funds and authorization to approve additional work or issue change orders up to that amount. The contingency amount is typically 10% of the total contract. This approach provides flexibility and efficiency in that projects may continue without having to return to the City Council for approval of change orders. The current report shows all active contracts citywide with contingencies greater than $25,000 awarded from July 1, 2015 through February 28, 2022. This report also includes an attachment that shows completed projects with contingencies from this same period. These updates are provided to Council approximately three times annually.

BUDGET IMPACT:

Since this is an update on previously awarded contracts, there is no budget impact. Sufficient funds have been allocated to each of the contracts, including the contingency amounts.

ENVIRONMENTAL DETERMINATION:

This report is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Active Projects
Att 2 - Completed Projects

STAFF CONTACT
Rachel Rattan, Management Analyst I
[email protected]
650-522-7340
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STATUS OF ONGOING CONTRACTS WITH CONTINGENCY FUNDS from 7/1/15 through 06/30/2021 This summary does not include projects with contingencies under $25,000. Negative or no-cost change orders do not typically impact the contingency fund.

Most Recent
CC Date
Contractor/ Vendor Description
Current Contract
Amount Approved
by Council
Contingency
Budget
1st CCO
Impacting
Contingency
2nd CCO
Impacting
Contingency
3rd CCO
Impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6-9th CCO
Impacting
Contingency
Total
Contingency
used
% of
Contingency
Used
Remaining
Contingency
Approximate
Completion %
and Notes
2/7/2022 J.V. Lucas Paving, Inc. Citywide Street Rehabiliation Package 2-B $ 976,415 $ 98,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 98,000 0% Complete 2/7/2022 JMB Construction, Inc. Delaware Street Relief Sewer Project $ 8,448,375 $ 1,690,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 1,690,000 0% Complete 1/3/2022 Nichols Consulting Engineers,
Chtd. Citywide Street Reconstruction, Phases 4 and 6 $ 1,460,000 $ 146,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 146,000 0% Complete 1/3/2022 Enterprise Automation WWTP Supervisory Control & Data Acquisition System Merger Project and Collections System $ 934,351 $ 80,000 $ 56,250 $ - $ - $ - $ - $ - $ 56,250 70% $ 23,750 85% complete 12/6/2021 Alta Group, Inc. Main Street Garage Repairs $ 123,983 $ 25,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 25,000 0% Complete 11/1/2021 Trussell Technologies, Inc. National Pollutant Discharge Elimination System Permit Renewal $ 153,490 $ 15,350 $ - $ - $ - $ - $ - $ - $ - 0% $ 15,350 50% Complete 10/4/2021 McGuire and Hester 2020-21 Community Development Block Grant Project $ 1,668,271 $ 170,000 $ 41,242 $ - $ - $ - $ - $ - $ 41,242 24% $ 128,758 0% Complete 9/20/2021 Esquivel Grading & Paving, Inc Citywide Street Reconstruction Phase 2 $ 1,018,003 $ 102,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 102,000 25% Complete 9/20/2021 Andreini Brothers Inc. Borel Park Development Project $ 1,729,607 $ 119,414 $ 6,472 $ 4,590 $ - $ - $ - $ - $ 11,062 9% $ 108,352 55% Complete. Park due
to open in Mid-June.
9/20/2021 Wilsey Ham Citywide Street Reconstruction Phase 3 $ 403,000 $ 41,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 41,000 5% Compete 8/16/2021 Andreini Brothers Inc. Citywide Street Rehabilitation Package 1-C Project (Phase 2) $ 1,859,555 $ 190,000 $ 36,754 $ 61,417 $ 8,935 $ 15,722 $ 9,355 $ - $ 132,183 70% $ 57,817 40% Complete 8/16/2021 Stantec Consulting Services,
Inc
Basins 2 and 3 Collection System Improvements $ 16,940,578 $ 322,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 322,000 85% Complete 8/16/2021 Anderson Pacific Engineering
Construction, Inc.

Underground Flow Equalization System - Construction
Contract
$ 59,669,103 $ 4,900,000 $ 3,645 $ 19,250 $ 45,466 $ 497,875 $ 547,128 $ - $ 1,113,365 23% $ 3,786,635 46% complete 7/19/2021 WRECO Citywide Street Rehabilitation Package 3B $ 310,000 $ 31,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 31,000 15% Complete 12 of 846
STATUS OF ONGOING CONTRACTS WITH CONTINGENCY FUNDS from 7/1/15 through 06/30/2021 This summary does not include projects with contingencies under $25,000. Negative or no-cost change orders do not typically impact the contingency fund.

WWTP Nutrient Removal and Wet Weather Flow
Management Upgrade and Expansion - Engineering
Services during Construction
$ 13,143,427 $ 2,244,000 $ 44,621 $ 42,163 $ 11,792 $ - $ - $ - $ 98,576 4% $ 2,145,424 30% complete 9/21/2020 Sundt Construction, Inc. WWTP Nutrient Removal and Wet Weather Management Upgrade and Expansion - GMP3 $ 379,880,747 $ 13,900,000 $ 1,583,964 $ 60,622 $ 568,284 $ 757,233 $ - $ - $ 2,970,103 21% $ 10,929,897 25% complete 7/20/2020 Sundt Construction, Inc. WWTP Nutrient Removal and Wet Weather Management Upgrade and Expansion - GMP2 $ 17,888,551 $ 1,655,000 $ 172,502 $ 75,216 $ - $ - $ - $ - $ 247,718 15% $ 1,407,282 95% complete 7/20/2020 Sundt Construction, Inc. WWTP Nutrient Removal and Wet Weather Management Upgrade and Expansion - GMP1 $ 33,364,015 $ 1,725,000 $ 18,326 $ 44,267 $ 38,150 $ 288,708 $ - $ - $ 389,451 23% $ 1,335,549 98% Complete 6/15/2020 Valley Oil Company Disel Fuel Procurement and Delivery $ 750,000.00 $ 75,000 $ 75,000 $ - $ - $ - $ - $ - $ 75,000 100% $ - Full continency for 5 year
contract used this year.
6/15/2020 Pinnacle Oil, Inc. Gasoline Fuel Procurement and Devlivery $ 1,250,000.00 $ 125,000 $ 125,000 $ - $ - $ - $ - $ - $ 125,000 100% $ - Full continency for 5 year
contract used this year.
5/4/2020 Anderson Pacific Engineering
Construction, Inc.

North Shoreview Flood Improvements-Construction
Contract
$ 23,927,600 $ 2,390,000 $ 75,512 $ 218,551 $ 16,640 $ 38,705 $ 511,310 $ 281,614 $ 1,142,332 48% $ 1,247,668 60% Complete 5/4/2020 Terraphase Engineering, Inc. CWP WWTP Upgrade and Expansion and UFES Projects $ 588,330 $ 50,000 $ - $ - $ - $ - $ - $ - 0% $ 50,000 50% complete 1/21/2020 Park Engineering, Inc. Downtown Parking Technology Project $ 248,667 $ 25,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 25,000 95% Complete 11/18/2019 Wilsey Ham Street Reconstruction Phase II Engineering Services $ 691,643 $ 60,000 $ 22,570 $ 27,450 $ 42,000 $ - $ - $ - $ 92,020 153% $ (32,020) 95% Complete 11/18/2019 Laz Parking Parking Enforcement Services $ 3,754,440 $ 375,444 $ - $ - $ - $ - $ - $ - $ - 0% $ 375,444 69% Complete 10/7/2019 Anvil Builders, Inc. Basin 2 & 3 Collection System Improvements/Dale Ave Pump Station Upgrade $ 20,142,000 $ 2,000,000 $ 34,336 $ 143,161 $ 413,992 $ 39,973 $ 429,433 $ 225,360 $ 1,286,255 64% $ 713,745 95% Complete 10/7/2019 IPS Group, Inc. San Mateo Downtown Parking Technology Project $ 1,459,405 $ 218,911 $ 24,390 $ 171,265 $ - $ - $ - $ - $ 195,655 89% $ 23,256 95% Complete 9/16/2019 Koffler Electrical Mechanical
Apparatus Repair, Inc.

Marina Lagoon Pump Overhaul $ 466,400 $ 46,640 $ - $ - $ - $ - $ - $ - $ - 0% $ 46,640 90% Complete 7/15/2019 RRM Design Group Central Park Design Development Services $ 302,560 $ 45,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 45,000 18% Complete 7/15/2019 RRM Design Group Central Park Design Development Services $ 286,440 $ 45,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 45,000 16% Complete 7/15/2019 RRM Design Group Central Park Design Development Services $ 231,388 $ 45,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 45,000 25% Complete 13 of 846
STATUS OF ONGOING CONTRACTS WITH CONTINGENCY FUNDS from 7/1/15 through 06/30/2021 This summary does not include projects with contingencies under $25,000. Negative or no-cost change orders do not typically impact the contingency fund.

Wastewater Treatment Plant Nutrient Removal and
Wet Weather Flow Management Upgrade and
Expansion - Design
$ 27,516,647 $ 2,575,823 $ 162,940 $ 1,440,882 $ 168,001 $ 50,000 $ 288,357 $ 257,332 $ 2,367,512 92% $ 208,311 99% Complete 1/7/2019 Myers and Sons WWTP IAP II Construction $ 6,474,979 $ 634,000 $ 73,582 $ 52,360 $ 42,238 $ 31,868 $ 42,071 $ 242,119 38% $ 391,881 98% complete 14 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
9/8/2020 46S091
El Camino Real
Sanitary Sewer
Rehabilitation
Project
$ 1,795,328 $ 200,000 $ 45,011 $ 43,703 $ 20,010 $ - $ - $ - $ 108,724 54% $ 91,276 3/2/2020 469988
East San Mateo
Sanitary Sewer Lift
Station
Rehabilitation
Project -
Amendment -
Services During
Construction
$ 1,190,760 $ 30,000 $ 6,426 $ - $ - $ - $ - $ - $ 6,426 21% $ 23,574 8/6/2021 467770
Professional
Design Services for
Street
Reconstruction
Phase 1
$ 617,163 $ 50,000 $ 32,131 $ 17,869 $ - $ - $ - $ - $ 50,000 100% $ - 5/17/2021 460034
Laurie Meadows
Pedestrian and
Bicycle Safety
Improvement
Project
$ 465,648 $ 46,000 $ 21,367 $ 11,349 $ - $ - $ - $ - $ 32,716 71% $ 13,284 4/19/2021 467008
Citywide Street
Rehabilitation
Package 1-C
Project Phase 1
$ 968,757 $ 100,000 $ 7,241 $ 3,320 $ 9,263 $ (74,504) $ - $ - $ 19,824 20% $ 80,176 1/6/2020 467007
N San Mateo Dr
Sustainable Street
Project
$ 3,006,775 $ 300,000 $ 2,346 $ 6,260 $ 1,211 $ 15,900 $ (94,967) $ - $ 25,716 9% $ 179,317 9/3/2019 460037
El Camino @ RTE
92 Landscaping
Improvements
$ 327,520 $ 30,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 30,000 5/6/2019 46T003
WWTP Nutrient
Removal and Wet
Weather Flow
Management
Upgrade and
Expansion -
Preconstruction
Services
$ 2,535,044 $ 202,427 $ 63,925 $ - $ - $ - $ - $ 63,925 32% $ 138,502 COMPLETED CONTRACTS WITH CONTINGENCY FUNDS from 7/1/15 through 06/30/2021 This summary does not include projects with contingencies under $25,000. Negative or no-cost change orders do not impact the contingency fund. 15 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
4/5/2021 469933
2020-21 Sanitary
Sewer Root
Foaming (North
Basin)
$ 251,726 $ 25,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 25,000 4/19/2021 46f012
Central Park Tennis
Court Garage
Repair
$ 1,569,634 $ 30,000 $ 23,918 $ 526 $ - $ - $ - $ - $ 24,444 81% $ 5,556 12/7/2020 561625
Fire Station 25
Construction
Management
$ 852,672 $ 119,000 $ 29,000 $ - $ - $ - $ - $ - $ 29,000 24% $ 90,000 11/16/2020 N/A
Unison BioGas
Conditioning
System
(BioCNG100)
maintenance
$ 304,804 $ 30,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 30,000 9/8/2020 467001-46000-
006
Citywide Street
Rehabilitation
Package 1-B
$ 1,318,597 $ 130,000 $ 1,265 $ 12,210 $ (119,884) $ - $ - $ - $ 13,475 10% $ 116,525 6/29/2020 46F007
City Hall
Restrooms
Remodel
$ 292,419 $ 25,000 $ - $ - $ - $ - $ - $ - $ - 0% $ 25,000 3/2/2020 610041
Citywide Building
Access Control
System
$ 590,542 $ 103,000 $ 35,035 $ 11,850 $ 3,192 $ 18,000 $ 2,657 $ 10,286 $ 81,020 79% $ 21,980 9/21/2020 467001
Street
Rehabilitation
Package 1-C
$ 311,860 $ 90,000 $ 27,968 $ - $ - $ - $ - $ - $ 27,968 31% $ 62,032 10/21/2019 460039 Fire Station 25 $ 6,140,000 $ 673,000 $ 15,394 $ 3,812 $ 4,152 $ 22,071 $ 51,962 $ 65,443 $ 162,835 24% $ 510,165 9/16/2019 469031
Americans with
Disabilities Act SelfEvaluation &
Transition Plan
$ 282,925 $ 26,000 $ 20,000 $ - $ - $ - $ - $ - $ 20,000 77% $ 6,000 8/20/2018 460064
Sustainable
Solutions Turnkey
Program
$ 3,202,948 $ 197,052 $ 59,162 $ 25,264 $ - $ - $ - $ - $ 84,426 43% $ 112,626 16 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
10/21/2019 469981
Clean Water
Program (CWP)
Program
Management
$ 17,600,000 $ 900,000 $ 65,372 $ 31,992 $ 46,152 $ 11,868 $ 6,779 $ 51,480 $ 239,614 27% $ 660,386 9/3/2019 469988
East San Mateo
Sanitary Sewer Lift
Station
Rehabilitation -
Construction
$ 3,286,404 $ 350,000 $ 161,625 $ 38,444 $ 41,534.00 $ - $ - $ - $ 241,603 69% $ 108,397 6/3/2019 46S091
Basin D Sanitary
Sewer
Rehabilitation -
Construction
$ 3,853,172 $ 400,000 $ 92,132 $ 1,800 $ 7,900 $ 40,948 $ 54,750 $ 34,407 $ 306,510 77% $ 93,490 6/15/2020 467001
Citywide Slurry
Seal Package 1-A $ 1,060,035 $ 123,000 $ $ - $ - $ - $ - $ - 0% $ 123,000 1/21/2020 461214
2018-19
Community
Development
Grand Street
Rehab Project
$ 821,473 $ 82,000 $ $ - $ - $ - $ - $ - 0% $ 82,000
10/21/2019 46f004
Police Department
Substation &
Sleeping Quarters
$ 534,305 $ 54,000 $ 33,047 $ 9,859 $ 5,229 $ - $ - $ 48,135 89% $ 5,865 8/19/2019 46S093
Basin A Sanitary
Sewer Cleaning &
Video Inspection
$ 481,930 $ 50,000 $ 5,625 $ - $ - $ - $ - $ 5,625 11% $ 44,375 7/15/2019 469933
2018-19 Sanitary
Sewer Root
Foaming
$399,003 $ 40,000 $ - $ - $ - $ - $ - 0% $ 40,000
7/15/2019 610023
King Park Sythentic
Turf Construction $2,016,135 $ 80,000 $ - $ - $ - $ - $ - 0% $ 80,000 7/15/2019 610023
King Park Synthetic
Turf Design and
Management
$ 481,068 $71,000 $ 3,250 $ 15,300 $ 2,735 $ 7,100 $ - $ 28,385 40% $ 42,615 7/15/2019 467002
2018-19 Street
Rehabilitation
Phase II Project
$ 2,217,590 $ 220,000 $64,120 $ 33,173 $ (79) $ - $ - $ 97,214 44% $ 122,786 7/15/2019 467002
2018-2019 Street
Rehabilitation
Phase I Project
$ 1,683,857 $ 165,000 $24,676 $ 46,608 $ 89,417 $ (333,457) ($172,756) 0% $ 337,756 17 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
6/17/2019 none
Summer Children’s
and Youth Theater
Program
$ 120,000 $ 25,000 $ - $ - $ - $ - $ - 0% $ 25,000
6/17/2019 467774
Rand Street
Reconstruction
$ 1,126,763 $ 100,000 $ 44,891 $ 5,830 $ 74,563 $ (23,384) $ 101,900 102% $ (1,900) Balance
approved by
CC on 1/19/21
6/17/2019 46S091
Basin C Sanitary
Sewer
Rehabilitation -
Construction
$ 3,217,480 $ 350,000 $ 85,000 $ 9,520 $ 68,254 $ 144,400 $ (305,045) $ 2,129 1% $ 347,871 5/6/2019 46S002
Basin 1B Collection
System
Improvements -
Construction
$ 4,626,145 $ 700,000 $ 15,000 $ 17,195 $ 128,011 $ 12,250 $ 95,126 $ 267,582 38% $ 432,418 5/6/2019 467774
Rochester and
Ottawa Street
Reconstruction
$ 2,693,440 $ 230,000 $ 10,505 $ 5,895 $ (7,331) $ 209,785 $ (23,242) $ 195,612 85% $ 34,388 4/15/2019 469030
CNG Vehicle
Maintenance
Facility
Design/Build
$ 277,183 $ 25,000 $ 1,866 $ - $ - $ - $ - $ 1,866 7% $ 23,134 9/17/2018 463231
2017-18 Sidewalk
Repair Project
$ 468,609 $ 47,000 $ 5,733 $ 12,550 $ 19,329 $ 4,920 $ (71,701) $ (29,170) 0% $ 76,170 9/17/2018 46s001
Basin 1A Collection
System
Improvements
Construction
$6,335,080 $ 640,000 $ 2,612 $ 1,927 $ 15,000 $ (411,850) $ (392,311) 0% $ 1,032,311 9/17/2018 46S001
Basin 1A Collection
System
Improvements
Design
$1,188,982 $ 105,000 $ - $ - $ - $ - 0% $ 105,000
8/20/2018 NA
Peninsula Music
Together Classes $ 130,000 $ 25,000 $ - $ - $ - $ - $ - $ - 0% $ 25,000 8/20/2018 467002
2018-19 Slurry
Seal Basin B $ 1,263,110 $ 125,000 $ 9,976 $ 49,366.00 $ 59,342 47% $ 65,658 8/20/2018 460046
Main Street
Garage Repairs
$ 209,900 $ 50,000 $ - $ - $ - $ - 0% $ 50,000
8/20/2018 461001
2nd & ECR Garage
Stair
Improvements
$ 321,100 $ 50,000 $ - $ - $ - $ - 0% $ 50,000
8/20/2018 467003,
462249
E. Hillsdale Blvd
Street
Rehabilitation
$ 1,609,536 $ 165,000 $ 5,755 $ 8,268 $ 10,000 $ 37,956 $ 61,978 $ 123,956 75% $ 41,044 18 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
8/20/2018 (none) Tennis Instruction $ 200,000 $ 25,000 $ - $ - $ - $ - $ - $ - 0% $ 25,000 7/16/2018 467774
East Poplar Ave
Reconstruction
Project
$ 678,280 $ 70,000 $ 17,784 $ 23,294.00 $ 17,454.00 $ 1,778.70 $ 60,311 86% $ 9,689 6/18/2018 (none) Summer Theater
Program
$ 140,000 $ 25,000 $ - $ - $ - $ - 0% $ 25,000
5/7/2018 461106
Poplar Ave Pump
Station Trash
Capture
$ 457,500 $ 46,000 $ - $ - $ - $ - 0% $ 46,000
4/16/2018 467004
2016-2018 Street
Rehab Phase I $ 1,084,674 $ 100,000 $ - $ - $ - $ - 0% $ 100,000 4/16/2018 46s092
42nd Ave Pump
Station Rehap $ 1,283,369 $ 130,000 $ 98,738 $ - $ - $ 98,738 76% $ 31,262 3/19/2018 467774
E. 39th Avenue
Street
Reconstruction
$ 691,866 $ 70,000 $ 58,567 $ 4,615 $ 9,521.00 $ 72,703 104% $ (2,703) Balance
approved by
CC on 1/7/19
2/20/2018 460036
Downtown Twinkle
Light Installation $ 525,981 $ 39,100 $ 27,720 $ - $ - $ 27,720 71% $ 11,380 2/20/2018 (none) 2019 Sycamore
Tree Pruning
$ 280,320 $ 35,000 $ - $ - $ - $ - 0% $ 35,000
1/16/2018 461214
2017 Community
Development
Block Grant Street
Rehab
$ 645,640 $ 65,000 $ (3,318) $ - $ - $ (3,318) 0% $ 68,318 1/16/2018 465155
Bay to Transit Trail
Phase I $ 290,400 $ 27,000 $ - $ - $ - $ - 0% $ 27,000
11/20/2017 460040
Los Prados High
Voltage Streetlight
Conversion
$ 1,077,708 $ 110,000 $ - $ - $ - $ - 0% $ 110,000
10/16/2017
46s091
(formerly
469913)
Basin B Sanitary
Sewer
Rehabilitation
Project
$ 1,377,553 $ 126,600 $ 78,200 $ - $ - $ 78,200 62% $ 48,400 10/2/2017
465161 (plus
funds from
467004)
Citywide Crosswalk
Improvement
Project
$ 399,411 $ 40,000 $ - $ - $ - $ - 0% $ 40,000
8/21/2017 467003
2016 Citywide
Slurry Seal $ 764,120 $ 75,000 $ (77,513) $ - $ - $ (77,513) 0% $ 152,513 19 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
8/21/2017 467004
E 3rd Ave Street
Rehabilitation $ 1,265,454 $ 186,517 $ - $ - $ - $ - 0% $ 186,517 8/21/2017 467004
2016 Street
Reconstruction -
Various Locations
$ 1,988,274 $ 200,000 $ - $ - $ - $ - 0% $ 200,000
8/21/2017 46T009

WWTP IAP II
Design
$ 876,000 $ 87,000 $ - $ - $ - $ - 0% $ 87,000
6/5/2017 465164
Safe Routes to
School
Construction
$ 1,848,234 $ 185,000 $ 14,894 $ 5,737 $ 17,848.00 $ 38,479 21% $ 146,521 4/17/2017 469942
Dale Avenue Pump
Station Wet Well
Rehab
$ 1,299,500 $ 130,000 $ 29,101 $ 75,939 $ (89,899.00) $ 15,141 12% $ 114,859 3/20/2017 463231
2016 Sidewalk
Repair Program
$ 494,150 $ 49,000 $ - $ - $ - $ - 0% $ 49,000
1/3/2017
610015,
610017,
610030,
610008
Laurie Meadows
Park Play Area
Renovation Project
$ 912,425 $ 105,667 $ 73,348 $ - $ - $ 73,348 69% $ 32,319 10/3/2016 467774-46000-
7713
30th Avenue Street
Reconstruction
Project
$ 919,193 $ 90,000 $ (20,258) $ 32,971.00 $ - $ 12,713 14% $ 77,287 9/19/2016 46S093-4600-
9040-46320
2016 C Basin
Sanitary Sewer
Cleaning and Video
Inspection
$ 369,841 $ 36,990 $ - $ - $ - $ - 0% $ 36,990
9/6/2016 467004
Pavement
Rehabilitation at
Various Locations
$ 1,187,247 $ 118,000 $ (64,389) $ - $ - $ (64,389) 0% $ 182,389 7/18/2016
465150
(Contingency:
467004)
North Central
Pedestrian
Infrastructure
Improvements
Construction
Contract
$ 1,238,396 $ 125,000 $ (10,919) $ 85,196 $ 28,247 $ (11,186) $ 91,338 73% $ 33,662 6/6/2016 466602
Poplar Corridor
Safety
Improvement
Project
Construction and
Contract
$ 1,356,740 $ 135,000 $ 27,700 $ 28,655 $ 78,562 $ 134,917 100% $ 83 20 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
5/16/2016 461212
2016 Community
Development
Block Grant Curb
Ramp and
Sidewalk
Installations -
Contract Award
$ 337,821 $ 35,000 $ (13,148) $ - $ - $ (13,148) 0% $ 48,148 5/16/2016 465157
Hillsdale/US-101
Bicycle/Pedestrian
Bridge Project -
Amendment No. 1
$ 865,385 $ 80,000 $ - $ - $ - $ - 0% $ 80,000
4/18/2016 46T003
WWTP Secondary
Facilities
Conceptual
Planning
$ 110,264 $ 50,000 $ - $ - $ - $ - 0% $ 50,000
Contingency is
included in PO
(total of
$1,150,264)
4/18/2016 463005
Citywide
Streetlight Led
Conversion Phase
II - Contract Award
$ 1,589,627 $ 158,963 $ (44,813) $ - $ - $ (44,813) 0% $ 203,776 4/4/2016 467004
2014-2015 Street
Rehabilitation
Phase II
Construction and
Contract
$ 2,246,849 $ 250,000 $ 201,252 $ 20,200 $ - $ 221,452 10% $ 28,548 4/4/2016 467004
2014-2015 Street
Rehabilitation
Phase II
Construction
Inspection
Contract
$ 158,900 $ 25,000.00 $ 19,208.75 * $ - $ - $ - 0% $ 25,000 *CCO to
correct
unrelated
billing error;
no impact on
contingency
3/7/2016 46T002
Wastewater
Treatment Plant
Immediate Action
Project (IAP)
Package I
$ 16,276,000 $ 1,700,000 $ 315,226 $ 10,401 $ 152,386 $ 87,135 $ 565,148 3% $ 1,134,852 8/17/2015 610017,
610030
Beresford Park
Play Area
Renovations
project - multiple
specific contracts
for Project Base
Bid and Alternate
No. 2 work
$ 2,175,100 $ 174,008 $ 43,251 $ 15,130 $ 31,837 $ 29,236 $ 119,454 5% $ 54,554 21 of 846
Most Recent
CC Date
Project # Description
Amount
Approved by
Council
Contingency
Budget
1st CCO
impacting
Contingency
2nd CCO
impacting
Contingency
3rd CCO
impacting
Contingency
4th CCO
Impacting
Contingency
5th CCO
Impacting
Contingency
6th CCO
Impacting
Contingecy
Total
Contingency
used
% of
Contingency
Used
Unused
Contingency
Remarks
7/20/2015 467774
Norton Ave and
various street
recontruction
$ 1,496,109 $ 150,000 $ (89,733) $ - $ - $ (89,733) 0% $ 239,733 7/20/2015 469948
Wastewater
Treatment Plant
Control System
Upgrade
$ 1,365,419 $ 150,000 $ - $ - $ - $ - 0% $ 150,000
Total: $ 8,939,743
22 of 846

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 22-6248 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Citywide Street Rehabilitation – Agreements
RECOMMENDATION:

Approve an agreement with G. Bortolotto & Company, Inc. for street repair work for the Citywide Street Rehabilitation Package 3-B (Phase 1) Project in the amount of $2,166,207 and establish a contingency reserve in the amount of $217,000; approve an agreement with CSG Consultants, Inc. for construction inspection support in the amount of $108,500 and establish a contingency reserve in the amount of $10,850; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders within the amount of the contingency reserves.

BACKGROUND:

The Citywide Street Rehabilitation Package 3-B (Phase 1) project (Project) is part of the Public Works Pavement Management Program. The project will repair approximately 1.4 miles of streets across nine locations with an Engineer’s Estimate for the project of $3,100,000.

Agreement with G. Bortolotto & Company, Inc.

The project was advertised for bid on April 14, 2022, and a total of seven (7) bids were received and opened on May 12, 2022. The bids received are listed below in order of increasing bid amount.

Company Name Total Bid Amount
J.V. Lucas Paving, Inc. $2,133,695.85
G. Bortolotto & Company, Inc. $2,166,207.00
McGuire & Hester $2,437,307.50
Interstate Grading and Paving, Inc. $2,534,373.50
Granite Rock Company $2,552,507.00
O’Grady Paving, Inc. $2,896,230.00
Granite Construction $2,901,996.50

Staff reviewed the bids and found the apparent low bidder’s (J.V. Lucas Paving, Inc.’s) bid to be non-responsive as the proposal form omitted important information regarding the inclusion of addenda in the bid price in addition to other discrepancies within the bid. Specifically, the bid proposal form did not include the total bid amount and failed to acknowledge the bid proposal included additional material terms of the bid specifications in three different addenda. In addition, the Department of Industrial Relations registration form, which must be included with the bid, did not include subcontractor registration and license expiration dates. The seven (7) calendar day period to contest a determination of non-responsiveness commenced on May 19, 2022 and expired on May 26, 2022 pursuant to Resolution No. 61 (2004).

Accordingly, staff has determined that the second low bidder (G. Bortolotto & Company, Inc.) bid is responsive and responsible, and recommends City Council award the agreement to G. Bortolotto & Company, Inc. 23 of 846

CITY OF SAN MATEO
Agreement with CSG Consultants, Inc.

Public Works does not have sufficient staff resources to inspect and oversee all construction activities and regularly relies on third-party construction management and inspection to augment City resources. In May 2020, a request for proposals was issued for on-call services including inspection, general construction management, and specialty support services.

Proposals were evaluated and three firms were selected to provide on-call services, including: CSG Consultants, Inc. (CSG), Ghirardelli Associates, and MNS Engineers, Inc. Staff requested CSG submit a proposal for inspection services on the Project and, after reviewing the proposal, staff recommends awarding the agreement to CSG Consultants, Inc.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Package 2/Street Rehabilitation Phase 3-B (Project #467008) to award this agreement.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement (G. Bortolotto & Company, Inc.)
Att 2 – Agreement (CSG Consultants, Inc.)
Att 3 – Location Map

STAFF CONTACT
Leo Chow, Associate Engineer
[email protected]
(650) 522-7344
Stephanie Gindlesperger, Senior Engineer
[email protected]
(650) 522-7315
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AGREEMENT WITH G. BORTOLOTTO AND COMPANY, INC.

FOR PUBLIC IMPROVEMENT
FOR
CITYWIDE STREET REHABILITATION PACKAGE 3-B (PHASE 1) PROJECT CITY PROJECT NO. 467008-46000-1050-46350
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and G. BORTOLOTTO AND COMPANY, INC., a corporation,, with offices at 582 Bragato Road, San Carlos , CA 94070 (hereinafter called "Contractor"), entered into this day of ____________________.

RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:

CITYWIDE STREET REHABILITATION PACKAGE 3-B (PHASE 1) PROJECT CITY PROJECT NO. 467008-46000-1050-46350

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of two million one hundred sixty-six thousand two hundred and seven dollars ($2,166,207) in full payment for the work set forth above.

Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendum Number 1, 2 and 3 issued to the Contract Book, the State of California Standard Specifications 2018 Edition, the State of California 25 of 846
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Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

All of the above-named documents are complementary and are intended to operate in harmony, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail.

The precedence of the remaining contract documents will be as specified in the Contract Book.

4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.

5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.

6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work.

Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, 26 of 846
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determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations.

In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this agreement.

10. Hold Harmless and Indemnity Provision. Contractor agrees to hold harmless, defend, and indemnify the City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Agreement, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of the City, its elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City or (b) the active negligence of the City; further provided, that this provision shall not affect the validity of any insurance contract, workers’ compensation or other agreement issued by an admitted insurer as defined by the Insurance Code. Contractor will defend City of San Mateo, its elected and appointed officials, employees, and agents, against any such claims.

11. Attorney Fees. Attorney fees in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the contract documents. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this Agreement shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of the contract documents. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

12. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.
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The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. Notices required to be given to City shall be addressed as follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.

15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.

17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.

18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub-contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention. 28 of 846
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20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.

21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and G. Bortolotto & Company, Inc. has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Director of Public Works
Date Robert Bortolotto
Its Authorized Agent
President
If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shall sign
below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Date
Attachments:

Exhibit A: Insurance Requirements
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Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as described below.

6. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection 31 of 846
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with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.

Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the Entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best rating of no less than A: VII, unless otherwise acceptable to the Entity.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
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Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 33 of 846

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AGREEMENT WITH CSG CONSULTANTS, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR
CITYWIDE STREET REHABILITATION PACKAGE 3-B (PHASE 1)
This Agreement, made and entered into this day of , by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CSG Consultants, Inc, a corporation, (“CONSULTANT”), whose address is 550 Pilgrim Drive, Foster City, CA 94404.

RECITALS:

A. CITY desires certain professional inspection services hereinafterdescribed.

B. CITY desires to engage CONSULTANT to provide these professional inspection services by reason of its qualifications and experience for performing such services and CONSULTANT hasoffered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 34 of 846

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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on 6/27/2022 and be completed on or about 12/31/2023.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $108,500, pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agreesto cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit B to this Agreement.

SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
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SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement.

The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
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To CITY: City of San Mateo
Attn: Azalea Mitch, Director of Public Works
330 W 20th Ave
San Mateo, CA 94403
To CONSULTANT: CSG Consultants, Inc.

Attn: Cyrus Kianpour, President
550 Pilgrim Drive
Foster City, CA 94404
Email: [email protected]
CSG Consultants, Inc.

Attn: Nourdin Khayata, Vice President
550 Pilgrim Drive
Foster City, CA 94404
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and CSG CONSULTANTS, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Director of Public Works
Date Cyrus Kianpour
President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Nourdin Khayata
Secretary
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
550 Pilgrim Drive
Foster City, CA 94404
phone 650.522.2500
fax 650.522.2599
www.csgengr.com
May 6, 2022
Leo Chow, Associate Engineer City
of San Mateo
Public Works Department
330 West 20th Avenue San
Mateo, CA 94403
RE: Street Rehabilitation Package 3-B (Phase 1), City Project 467008-46000-1050-46350 Dear Mr. Chow,
Thank youforthe opportunity for CSGConsultants,Inc.(CSG)to present our proposalto provide construction inspectionand materialstesting servicesforthe Street Rehabilitation Package 3-B Phase 1 Project(Project)to the City of San Mateo (City).

Scope of Work
The City is seeking construction inspection services for the Project. The project entails removing and replacing concrete sidewalks, valley gutter, curb ramps and driveways, 2” and 2.5” grand and overlay, leveling course, removing and replacing traffic signal loops, signing and striping. The Project duration is 65 working days and the Engineer’s estimate is $3.1M. Work hours are from 7:30 AM to 4:30 PM with the exception of Concar Drive where night work is mandated from 10:00 PM to 5:00 AM. The project is anticipated to start in August 2022 and be complete at the end of October 2022.

Proposed Personnel
For this project, CSG proposes Peiman Moghadam as the Construction Inspector. Mr. Moghadam has over 20 years of public works experience including roadway rehabilitation and paving experience. CSG will utilize Bassam Badr for night inspection work. Mr. Badr has over 30 years of construction management and inspection experience, including previously serving as construction inspector for Caltrans. Resumes for Mr.

Moghadam and Mr. Badr are provided on the following pages.

Fee Schedule
CSG’s proposed fee for services is provided in the table below. CSG is also allotting hours for preconstruction, bid support, and project close out.

Service
s
Hourly Rate Working
Days
Hours
per Day
Precon / PrebidCloseout (Hours)Total
Hours Fee
Construction Inspection $155 65 8 100 620 $96,100
Construction Inspection –
Night (Concar Dr.) $155 10 8 80 $12,400
Total $108,500
We look forward to the opportunity to work with the City of San Mateo on this project. If you have any questions regarding our proposal, please contact me at (650) 522-2524 or by email at [email protected].

Nourdin Khayata
Vice President, Construction Management

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Peiman

EDUCATION
Bachelor of Science,
Civil Engineering
Guilan University
| Guilan, Iran
Moghadam
Construction Inspector
Mr. Moghadam is a construction inspector for CSG and brings over 20 years of construction industry experience to his work. His experience encompasses a wide variety of public works construction efforts including roadway construction and rehabilitation, pavement, access roads for industrial complexes, construction of highways between major cities, traffic improvements, overpass bridges, sanitary sewers, storm drains, and utilities. He is familiar with contract coordination, material procurement, quantities, and various applicable standards for public works construction.

Prior to joining CSG, Mr. Moghadam worked as a Superintendent and Site Manager for Almo Construction in Redwood City and served in the capacities of Project Manager and Field Engineer for several of Iran’s top construction companies.

R E L E V A N T C S G E X P E R I E N C E
Mr. Moghadam serves as a CSG construction inspector performing inspection of developments throughout the San Francisco Bay Area. Mr. Moghadam has inspected project types including pavement rehabilitation, grading and earthwork, sewer and water lines, storm drains, sidewalks, and developments. The following are examples of recent projects he has inspected.

McClellan Road Separated Bikeway Project-Phase 1A | City of Cupertino, CA Mr. Moghadam served as the inspector on this multi-phase project to install separated/Class IV bike lanes on McClellan Road between Torre Avenue and Imperial Avenue. The work included shifting the northern sidewalk north to make room for the improvements. Mr. Moghadam duties included inspection of the sidewalk reconstruction, curb & gutter, ADA curb ramps, physical 18-inch-wide bike curb to separate the bike lane, valley gutter, guard rail, AC pavement and striping.

McClellan Road Bikeway Improvements-Phase 1B | City of Cupertino, CA Mr. Moghadam served as the construction inspector for the improvements at McClellan Road & Bubb Road and McClellan Road & Stelling Road. The Phase 1B project included signalizing the intersections improved during the Phase 1A project. Mr. Moghadam inspected traffic signals & signage, streetlights, underground utilities, landscaping, AC pavement and roadway striping. He was further responsible for documenting the work with daily field reports and photos, collecting contractor’s extra work tags, recording quantities, and reviewing CCO’s and progress payments.

North 40 Development | Town of Los Gatos
Work included development management and inspection of storm drain lines, sanitary sewer lines, retaining wall, site management (erosion control), offsite streets modifications, intersections and traffic signals modifications, street lights modifications, new fiber optic line, new streets AC pavement, offsite streets new center median construction, Lark Ave & Los Gatos Blvd AC pavement, onsite & offsite new sidewalk, curb & gutter construction, onsite & offsite joint trench work, and traffic control management inspection.

Vantage V6 Data Center | City of Santa Clara
Inspection work included the development’s sanitary sewer lines, storm drain line installation, and AC pavement.

Westfield Valley Fair Mall | City of Santa Clara
Inspection included offsite storm drain line construction, 12” RCP pipe crossing Stevens Creek Blvd., restoration, trenches backfill, and AC replacement.

Transit Village | City of San Carlos
Inspection included offsite joint trench conduit crossing Holly Street, restoration, trenches backfill, and AC replacement
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Page 9 of 11 ends

Bassam

EDUCATION
M.S., CivilEngineering,
University of Pittsburgh
| Pittsburgh, PA
Bachelor of Science, Civil
Engineering,
Beirut Arab University
| Beirut,Lebanon
Badr
Construction Inspector
Mr. Badr has over 30 years of construction management and municipal and civil engineering experience. Prior to joining CSG, he spent 28 years serving the California Department of Transportation. He has served as a and Assistant Resident Engineer and a Resident Engineer for various maintenance and rehabilitation projects for the highway transportation system within the Counties of San Francisco and San Mateo. His project experience includes underground utilities; drainage systems; pavement rehabilitation; and street, interchange and highway improvements.

R E L E V A N T E X P E R I E N C E
Annual Street Overlay / Rehabilitation Project| City of San Leandro, CA Mr. Badrserved astheconstruction inspectorforthe City’s annual pavementrehabilitation project. The work involved mill & fill, full depth reclamation, installation of curb ramps, gutters, sidewalks, two drainage systems, sanitary sewer point repair, and traffic loop detectors.
2017 Pavement Rehabilitation Project| City of Santa Clara, CA Mr. Badr performed inspection for this $4.8 million project, which included FDR, RHMA, conventionalHMA, deepliftrepairs, overlaying a bridgewith polyesterconcrete,striping and signing.
2017 Pavement Resurfacing Project| Town of Hillsborough, CA Mr.Badrperformedinspection forthepavementmaintenance andrehabilitationofroughly 30 miles ofresidential and arterialstreets throughout the hillsides ofHillsborough.

Measure Q Pavement Rehabilitation Project | City of Concord, CA Mr. Badr served as a construction inspector and an office engineer for the City’s pavement rehabilitation program. His duties include field inspection, writing daily reports, taking construction photos, public relations and interaction with residents, measuring quantities, verifying that material used in the field such as concrete and asphalt/concrete meet the approved mix designs, and ensuring thattraffic control adheresto the approved plans. Mr. Badralso issued weekly statements of working days, coordinates the construction schedule with stakeholders, keeps project files and logs up-to-date, and drafts change orders for the Resident Engineer’s approval.

Resident Engineer | Roadway Improvements, Various Locations, District 4 Mr. Badr served as a Resident Engineer for projects throughout Caltrans District 4. His duties included reviewing contractor submittals, monitoring construction budget, preparing weekly progress reports, reviewing claims, and managing change orders. Notable projectsinclude:
• Pavement concrete slab replacement for four lanes, 8mileslength, on Rte 280 in San Francisco County.
• Construction of Maintenance Vehicle Pullout on variouslocationsfor the existing highway facilities.
• Installation of metal beam guardrailsthroughout the highway systems. • Install traffic ramp metering elements projectsthroughoutthe highway systems. • Upgrading and replacing drainage systemsfor the existing roadway facilities on variouslocations.
• Placement of hot mix asphalt overlay and pavementsurface repair projects on variouslocations.
• Repair bridge pavementsurface and structure’sjointsealsreplacement projects 42 of 846

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EXHIBIT B

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Professional Services
Rev 7/21
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Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.

CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Professional Services
Rev 7/21
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Citywide Street Rehabilitation Package 3-B (Phase 1): Location Map 45 of 846

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-6336 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Payment of Capital Costs of Clean Water Program Projects – Interim Agreement RECOMMENDATION:

Adopt a Resolution to approve an Interim Agreement with the Town of Hillsborough for the Payment of Capital Costs of Clean Water Program Projects including an initial payment to the City in the amount of $2,415,000; a payment schedule for Hillsborough in the amount of $2,402,979 per year; and authorize the City Manager to execute the Interim Agreement and amend the payment schedule, as specified.

BACKGROUND:

The Town of Hillsborough (Town), Crystal Springs County Sanitation District (District), and the County of San Mateo (County) discharge sanitary sewage flow into the City’s sewer system. A sanitary sewage agreement exists between the parties to define the relationship, rights, and responsibilities of the parties for the discharge, pumping, transmission, and treatment of sewage contributed to the system. The most recent agreement is known as the “1989 Agreement,” and has been amended three times.

In March 2009, the San Francisco Bay Regional Water Quality Control Board issued Cease and Desist Order R2-2009-0020 (CDO) to the Town, City, and District (managed by the County) mandating actions to eliminate wet weather sanitary sewer overflows (SSOs) and unauthorized discharges of untreated or partially treated wastewater into the San Francisco Bay. The CDO also required the City to conduct an evaluation of options to increase capacity at the City’s Wastewater Treatment Plant (WWTP) to reduce and eventually eliminate a practice known as "blending." To address the CDO requirements, the City established the Clean Water Program (CWP) in 2014, a 10-year comprehensive $1 billion plan that includes a series of capital projects to upgrade and increase the wet weather capacity of the WWTP and collection system to eliminate SSOs and meet current and future NPDES permit requirements. The CWP is now in its eighth year and over 80% of the funding has been encumbered. Construction on the largest collection system and WWTP projects is underway and compliance with the CDO is planned for 2026.

While the CWP has been underway for several years, negotiations on a fourth amendment to the 1989 Agreement for the allocation and payments by the Town, District, and County for costs incurred by the City for the design and construction of certain CWP projects have stalled. The City, County, and District continue to discuss terms unrelated to the Town, which need to be resolved in order to finalize the fourth amendment. Because the Town acknowledges its responsibility to pay for its share of the capital costs of the CWP, the Interim Agreement for Payment of Capital Costs of Clean Water Program Projects between the Town of Hillsborough and the City will allow for the payments toward such capital costs until the fourth amendment between all the agencies is finalized.

BUDGET IMPACT:
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CITY OF SAN MATEO
The percentage shares of the costs were developed using maximum allowable flows into the City's sewer collection system and WWTP and CWP project costs. The agreed percentage share and estimated contributions are as follows:

CWP Projects Town
WWTP Projects 7.6%
Dale Avenue Pump Station Projects 8.2%
Underground Flow Equalization System
Project 8.2%
Program Management Office 5.7%
Total Contribution $47,557,941
The Town has paid $947,249 toward their capital cost share of the CWP. Upon approval of this agreement, they have agreed to pay $2,415,000 in addition to their required annual payment of $2,402,979. However, the annual debt service will be revised once the final interest rate is determined based on the City’s financing terms. Revisions to the total contribution will also be made once the capital costs are finalized at the close out of the CWP. Under the terms of the Agreement, and as indicated in the recommendation, the City Manager would be authorized to amend the payment schedule when there is a change in interest rates or if the Town prepays its share of costs.

While the CWP improvements are designed to convey the design storm to eliminate SSOs, the Town is currently in the process of implementing inflow and infiltration improvement projects and does not believe that the peak capacity provided by the CWP will be required. An alternative allocation of costs will therefore apply if, within five years of the effective date of the Interim Agreement, the Town's flows fall below a certain set threshold. It is anticipated that the alternative allocation will be provided to the District as well. If the Town and District contribute less than the set flow thresholds, the total contribution for the CWP costs will be reduced to $32,527,428.

ENVIRONMENTAL DETERMINATION:

The City prepared a Final Programmatic Environmental Impact Report (PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006) for the Clean Water Program. The PEIR was certified by Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the CWP. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the project evaluated in the PEIR and Addenda.

In accordance with CEQA Guidelines section 15080 through 15093, the City prepared an Environmental Impact Report (EIR) for the Underground Flow Equalization Project (SCH No. 2018092013) and on October 21, 2019 Council certified the Final EIR and adopted the requisite findings, statement of overriding considerations, and mitigation monitoring and reporting program.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Interim Agreement

STAFF CONTACT
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING AND AUTHORIZING EXECUTION OF THE INTERIM AGREEMENT FOR PAYMENT OF CAPITAL COSTS

OF CLEAN WATER PROGRAM PROJECTS BETWEEN THE TOWN OF HILLSBOROUGH AND THE

CITY OF SAN MATEO
WHEREAS, the City of San Mateo (“City”) and the Town of Hillsborough (“Town”) (collectively, the “parties”), have previously entered into agreements dating back to 1955 which set forth their arrangements and relationships regarding the discharge, pumping, transmission, and treatment of wastewater; and WHEREAS, the parties’ most recent agreement is the Sanitary Sewage Agreement made and entered into on July 18, 1989 (the “1989 Agreement”) and includes the County of San Mateo (“County”) and the Crystal Springs County Sanitation District (“District”); and
WHEREAS, the parties’ wastewater is treated at the regional wastewater treatment plant (“WWTP”) operated by the City under a National Pollutant Discharge Elimination System (“NPDES”) permit issued by the San Francisco Bay Regional Water Quality Control Board; and WHEREAS, the parties have executed three Amendments to the 1989 Agreement to provide for allocation of costs for the design and construction of improvements to the Crystal Springs/El Cerrito Trunk Sewers and El Cerrito Relief Line, as required by Cease and Desist Order R2-2009-0020 issued by San Francisco Bay Regional Water Quality Control Board; and
WHEREAS, the Cease and Desist Order also required the City to conduct an evaluation of options to increase capacity at the WWTP to reduce and eventually eliminate a practice known as "blending" and the NPDES permits issued in 2013 and 2018 incorporate as special provisions the requirements of the Cease and Desist Order regarding WWTP capacity; and
WHEREAS, in accordance with the Cease and Desist Order and the NPDES permit special provisions, the City developed a comprehensive suite of capital improvement projects known as the Clean Water Program to eliminate sanitary sewer overflows and increase the capacity of both its sewer collection system and the WWTP; and
WHEREAS, the Town does not benefit from some components of the Clean Water Program and are not required to participate in the cost of such components; and WHEREAS, a fourth amendment to the 1989 Agreement to provide for the allocation and payment of costs is currently being negotiated between the City, the Town, the District, and the County. The fourth amendment is anticipated to address costs incurred by City for the design, construction, and, where applicable, the completion and indebtedness period of certain projects since the inception of the Clean Water Program in October 2014; and
WHEREAS, the City, County, and District continue to discuss terms unrelated to the Town. These terms need to be resolved in order to finalize the fourth amendment; and WHEREAS, the Town acknowledges its responsibility to pay for its share of the capital costs of the Clean Water Program and is willing to make payments toward such capital costs on an interim basis until the fourth amendment is finalized. Hillsborough’s percentage share consists of project costs incurred by City beginning in October 2014 through the completion of construction of Clean Water Program Projects; and 48 of 846
WHEREAS, the City desires to receive the interim payment of capital costs from the Town and cooperate on other procedures between the two agencies until the fourth amendment can be finalized.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The Clean Water Program projects include upgrades to the WWTP and the Dale Avenue Pump Station, construction of an Underground Flow Equalization System, and program management. The City prepared a Final Programmatic Environmental Impact Report (PEIR) for the Clean Water Program in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). The PEIR was certified by Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the CWP. The City prepared Addenda to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the project evaluated in the PEIR and Addenda.

2. In accordance with CEQA Guidelines section 15080 through 15093, the City prepared an Environmental Impact Report (EIR) for the Underground Flow Equalization Project (SCH No. 2018092013), and on October 21, 2019 the Council certified the Final EIR and adopted the requisite findings, statement of overriding considerations, and mitigation monitoring and reporting program.

3. The Interim Agreement for Payment of Capital Costs of Clean Water Program Projects between the Town of Hillsborough and the City of San Mateo is approved.

4. The City Manager is authorized to execute the interim agreement, in substantially the form submitted, on behalf of the City. The City Manager is further authorized to amend the payment schedule when there is a change in interest rates or if the Town of Hillsborough prepays its share of costs. 49 of 846

INTERIM AGREEMENT FOR PAYMENT OF CAPITAL COSTS

OF CLEAN WATER PROGRAM PROJECTS
This Interim Agreement for Payment of Capital Costs of Clean Water Program Projects (this “Interim Agreement”) is entered into by and between the City of San Mateo (the “City”) and the Town of Hillsborough (“Hillsborough”) and is based on the following:

A. The City and Hillsborough are parties to a Sanitary Sewage Agreement entered into as of July 18, 1989 (the “1989 Agreement”). The County of San Mateo (the “County”) and the Crystal Springs County Sanitation District (the “District”) are also parties to the 1989 Agreement. The 1989 Agreement has been the subject of three prior amendments. The 1989 Agreement governs the operation of certain shared facilities for the transportation and treatment of sanitary sewage, allocation of costs for maintenance and improvement of the shared facilities, and allocation of treatment costs.

B. The wastewater generated by the City, Hillsborough, the County, and the District is subject to regulation under a National Pollution Discharge Elimination System permit (the “NPDES permit”).

C. The City, Hillsborough, the County, and the District are subject to Cease and Desist Order R2-2009-0020, which required certain improvements to the shared facilities.

D. The City has begun construction on a comprehensive suite of capital improvements referred to as the “Clean Water Program,” including capital improvements to the sewage treatment plant owned by the City and Foster City and operated by the City (the “Wastewater Treatment Plant” or “WWTP”).

E. The City, Hillsborough, the County, and the District have been negotiating a fourth amendment to the 1989 Agreement to allocate capital costs for the Clean Water Program and provide for the installation of a new meter along Polhemus Road. The fourth amendment has not been finalized. The City, County, and District continue to discuss terms unrelated to Hillsborough which need to be resolved in order to finalize the fourth amendment.

F. Hillsborough acknowledges its responsibility to pay for its share of the capital costs of the Clean Water Program and is willing to make payments toward such capital costs on an interim basis until the fourth amendment is finalized. Hillsborough’s Percentage Share consists of Project Costs incurred by City beginning in October 2014 through the completion of construction of Clean Water Program Projects.

G. The City desires to receive the interim payment of capital costs from Hillsborough and cooperate on other procedures between the two agencies until the fourth amendment can be finalized.

Now, therefore, for good and valuable consideration, the City and Hillsborough agree as follows:
//
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AGREEMENT
Section 1. Definitions
The following definitions apply to the terms used in this Amendment. “Clean Water Program” means the suite of capital improvement projects to the City’s sewer collection system and WWTP that are necessary for capacity assurance and reliability, and to meet regulatory compliance requirements contained in the Cease and Desist Order and NPDES permits.
“Clean Water Program Projects” means those projects listed in Exhibit A which provide a benefit to Hillsborough and for which Hillsborough and others will be responsible for a share of capital costs.
“District Meter” means the existing meter located along Polhemus Road owned and maintained by the District which currently measures flows from the Polhemus Trunk Sewer from the City/County/District and into the Crystal Springs/El Cerrito Trunk Sewer. “Effective Date” means the date on which this Amendment is last signed by the parties. “El Cerrito Meter” means the flow meter installed at El Cerrito Avenue near Gramercy Drive, which measures sewage flows contributed by the City/Town/District/County. “Maximum Allowable Flow” means the maximum volume of wastewater, expressed in millions of gallons per day (MGD), that Hillsborough is authorized to convey through the El Cerrito Meter and the Yew/Borel Trunk Sewer. Based on a Technical Memorandum prepared by Jacobs as revised October 12, 2020, the Maximum Allowable Flows for Hillsborough is 7.1 MGD (Including 0.3 MGD for the Yew/Borel Trunk Sewer) for purposes of this Interim Agreement.
“Metered Flows” refers to the calculation of each party’s flows through various meters, as set forth in Section 5 (Calculation of Flows) of the 1989 Agreement. “New Polhemus Meter” means the meter to be installed by Hillsborough at or near Polhemus Road to measure flows coming into the Crystal Springs/El Cerrito Trunk Sewer from the Polhemus Trunk Sewer.
“Percentage Share” means Hillsborough’s share of Project Costs and is calculated by dividing Hillsborough’s Maximum Allowable Flow by the maximum capacity at which a collection system or treatment facility is designed to operate. The Percentage Share for various Project Costs is set forth in Exhibit A, and is subject to adjustment as set forth in this Interim 51 of 846
Agreement. The general methodology for calculating the parties’ percentage shares based on Maximum Allowable Flows is illustrated in the excerpts from the Technical Memorandum attached to this Amendment as Exhibit A-1; provided, that the provisions in the body of this Amendment shall control over the contents of Exhibit A-1. “Project Costs” means all costs incurred by City to develop, finance, implement, and complete construction of Clean Water Program Projects, including costs of construction contracts, professional consultant services, material and equipment procurement, compliance with regulatory requirements and mitigation measures, real property acquisitions, legal services, finance and economic consultants, and staff costs. In addition, Project Costs include any liability the City incurs in performing the work associated with Clean Water Program Projects and any claims adjusting, claims investigation, and costs incurred in defending claims (including reasonable attorney fees) brought by any consultant, contractor or third party for damages arising out of the prosecution of the Clean Water Program Projects. “Project Costs” does not include components of the Clean Water Program which do not benefit Hillsborough and the costs for which are not allocated to it under this Interim Agreement.

Section 2. Interim Payment of Capital Costs
All financial participation requirements established in previous amendments to the 1989 Agreement and the 1989 Agreement remain in force and are not modified by this Interim Agreement.

City and Hillsborough acknowledge that City is responsible for acquiring financing for Clean Water Program Costs, and has done so through a line of credit, a series of sewer revenue bonds issued in 2019, and loans through programs administered under the Federal Water Infrastructure Finance and Innovation Act. City anticipates securing additional funding through additional sewer revenue bonds and/or the Clean Water State Revolving Fund program.

For purposes of calculating its payments under this Interim Agreement, Hillsborough’s Percentage Share of Project Costs shall be:

WWTP Project Costs 7.6%
Dale Avenue Pump Station Projects 8.2%
Underground Flow equalization System Projects 8.2%
Program Management Office 5.7%
Subject to Section 3 below, Hillsborough agrees to reimburse the City for Project Costs incurred in accordance with these percentage shares as follows:

Hillsborough will make an initial payment of $2,415,000.00, which shall be due and payable within 30 days of the Effective Date. Thereafter, Hillsborough shall make quarterly payments in accordance with Exhibit B (Scenario One – Full Flow) until this Interim Agreement is replaced with the fourth amendment or other permanent arrangement. These interim payments shall be in addition to the periodic charges for wastewater treatment services. 52 of 846
Exhibit B amortizes the remaining Project Costs after the initial payment on a 30-year basis.

Hillsborough may prepay its share of the remaining Project Costs, in whole or in part and from time to time, without penalty. Hillsborough agrees it shall provide the City with at least 30 days advance notice should it intend to prepay any of its share of the remaining Project Costs in any amount exceeding the scheduled payments described in Exhibit B. Hillsborough and the City will thereafter amend Exhibit B accordingly to reflect Hillsborough’s said prepayment of its share of Project Costs over the remaining years of the original 30-year amortization period pursuant to Section 9 of this Interim Agreement.

Prior invoices for capital costs issued by the City to Hillsborough and any payments by Hillsborough for such costs have been incorporated into Exhibit B.

Hillsborough acknowledges the Percentage Share was developed using a hydraulic model of Hillsborough’s Maximum Allowable Flow and the design capacity of the facilities to be constructed as part of the Clean Water Program and intended to be used for capital planning over the course of the Clean Water Program. Hillsborough’s Percentage Share will remain unchanged, even if actual flows do not exceed Maximum Allowable Flow, except as detailed in Section 3.

The City shall provide an annual report to Hillsborough regarding the progress of the Clean Water Program including percentage of completion of components of the Clean Water Program and expected completion dates, Project Costs, interest rates, cost overruns, design changes, and other pertinent financial information. The report shall be provided within 60 days of the end of each fiscal year while the Clean Water Program Improvements are being constructed and at the end of the Clean Water Program.

Section 3. Alternative Allocation of Project Costs
The City agrees to provide for an alternative allocation of Project Costs that will apply under the circumstances described in this section.

If during the five years from the Effective Date the Metered Flows from Hillsborough at the El Cerrito Meter exceed the rolling average rate of 4.5 MGD (excluding the 0.3 MGD from the Yew/Borel Trunk Sewer) for any two-hour period, then Hillsborough’s share of Project Costs shall be determined pursuant to the provisions of Section 2. If during the five years from the Effective Date the Metered Flows at the El Cerrito Meter from Hillsborough never exceed the rolling average rate of 4.5 MGD for any two-hour period, then Hillsborough’s share of Project Costs shall be:

WWTP Project Costs 5.2%
Dale Avenue Pump Station Projects 5.6%
Underground Flow Equalization System Projects 5.6%
Program Management Office 3.9%

Hillsborough’s rolling average over a two-hour period shall be calculated by the City using the one-minute interval flow data of the preceding two hours recorded at the El Cerrito Meter, less the one-minute interval flows recorded at the District Meter (until the New 53 of 846
Polhemus Meter has been installed and calibrated, and thereafter by the New Polhemus Meter) for the comparable period that accounts for the lag time between the two meters. The calculations for these flows shall be verified by a third-party consultant acceptable to the parties.

Hillsborough agrees to pay the City its share of Project Costs as calculated pursuant to Section 2 beginning at the Effective Date of this Interim Agreement.

If Hillsborough’s share of the Project Costs is to be adjusted pursuant to the provisions of this section, Hillsborough shall make payments in the amounts as shown in Scenario II – Reduced at 5 Year of Exhibit B. Hillsborough will receive a credit for the amount by which the payments under Scenario I exceeded the amounts under Scenario II prior to adjustment, and this credit will be applied to payments due under Scenario II until exhausted.

The five-year period established under this Section 3 shall be carried forward in the fourth amendment or other modification of the 1989 Agreement.

Section 4. Metering
The parties acknowledge and agree that accurate measurement of flows is essential to the allocation of both Project Costs and treatment costs.
(a) The City is agreeable to a new permanent flow meter to be installed at a new, more level location near Polhemus Road as selected by Hillsborough, within Hillsborough’s municipal boundaries (the “New Polhemus Meter”). The New Polhemus Meter shall be owned by Hillsborough. The selection of the New Polhemus Meter will be recommended by a consultant acceptable to the parties. Hillsborough shall provide the plans and specifications for the New Polhemus Meter to the City for engineering review and approval. Approval shall not be unreasonably withheld by the City. Any comments or objections shall be provided to Hillsborough within 10 working days. If Hillsborough determines that installation of the New Polhemus Meter involves modifications to the District’s facilities, Hillsborough shall at its earliest opportunity inform the District and coordinate the modifications, including scheduling and design, with the District. The City shall not be responsible for any design, scheduling, or construction of modifications to the District’s facilities, if any are required. Hillsborough acknowledges it is solely responsible for satisfying all conditions for the installation of the New Polhemus Meter. Until the New Polhemus Meter is installed and calibrated, the current District Meter shall continue to be used as the meter of record for measuring Hillsborough’s flows and as a basis for billing treatment costs to Hillsborough under the 1989 Agreement. Once it is installed, the New Polhemus Meter will be calibrated to manufacturer’s standards and put into service and thereafter shall be the meter of record for Hillsborough’s flows and treatment costs for the duration of this Interim Agreement. Hillsborough will pay the cost of installing the New Polhemus Meter and the initial calibration. Thereafter, the City may utilize the District Meter for comparative purposes.
(b) Within 60 days of the Effective Date, the El Cerrito Meter will be calibrated to manufacturer’s standards by a consultant acceptable to the parties. Thereafter, the El Cerrito and New Polhemus Meter will be read and maintained by a third-party consultant acceptable to the 54 of 846
parties. The City/District/County/Hillsborough shall have on-line access to the meter data from the El Cerrito and New Polhemus Meters on a real-time basis. Meter calibration records shall be shared amongst the City/District/County/Hillsborough.
(c) Following the installation and calibration of the New Polhemus Meter and the calibration of the El Cerrito Meter, the meters shall be calibrated not less than annually and shall be replaced when recommended by the third-party consultant.
(d) Except as provided in Section 4(a)-(c) above, the cost of calibrating the El Cerrito and New Polhemus Meters shall be shared equally by the City and Hillsborough for the duration of this Interim Agreement. Maintenance and reading costs of said meters shall continue pursuant to the 1989 Agreement.

Section 5. Payment
Hillsborough agrees to pay its Percentage Share of Project Costs incurred by the City for Clean Water Program Projects. Hillsborough agrees to pay its Percentage Share of Project Costs to City in installments as set forth in Exhibit B for the duration of this Interim Agreement.

Installment payments will commence 30 days after the Effective Date and continue until the full amount of Project Costs and interest has been paid, not exceeding 30 years from the Effective Date, as provided in this Interim Agreement. The amount of the installments will be based on the cost estimates for the Clean Water Program Projects on the effective date of this Interim Agreement, plus interest based on the weighted average of any financing and refinancing obtained for the Clean Water Program Projects. Installment payment amounts will be reduced by the initial payment, as identified in Section 2, and by the amounts paid to the City by Hillsborough for the flow-based percentage of actual costs incurred in connection with Clean Water Program Projects during the period between October 2014 and the Effective Date. The installment schedules in Exhibit B shall be adjusted for differing interest rates when achieved.

Upon completion of construction of the Clean Water Program Projects, the City will recalculate the amount of the installments to reflect the final Project Costs, plus interest as provided in this section, and re-amortize these costs for the balance of time remaining in Exhibit B. Hillsborough acknowledges that the amount of the installments may increase or decrease based on actual Project Costs; however, in no case may the time for payment of the full amount of Project Costs and interest exceed 30 years from the Effective Date unless otherwise agreed for in any subsequent amendment or agreement.

The City and Hillsborough will meet and confer on any new projects in addition to those described in Exhibit A that will have a material effect on the Project Costs payable by them. 55 of 846
Section 6. Late Payment
For any amounts invoiced and not paid to the City within 60 days, Hillsborough agrees to pay to City a late charge equal to 1.5% of the overdue amount. This late charge is a reasonable sum that takes into consideration all the circumstances existing on the date of this Interim Agreement and is a fair and reasonable estimate of the costs and expenses that will be incurred by City due to Hillsborough's failure to make timely payments. The parties agree that it would be impracticable or extremely difficult to fix the actual damages resulting to City from Hillsborough's failure to make timely payments.

Section 7. Payment Required During Dispute
The City and Hillsborough agree to comply with their respective obligations under this Interim Agreement, including full payment of Project Costs as invoiced, while resolution of any disputes under this Interim Amendment or the 1989 Agreement are pending.

Section 8. Survival
In the event that the 1989 Agreement is terminated or found to be unenforceable, the provisions of this Interim Agreement shall remain in effect as the funding mechanism for Hillsborough’s share of the Clean Water Program Projects as defined herein.

Section 9. Amendments and Amendment to Conform to New Agreement In the event that the City agrees to financial terms with the District and/or County in a subsequent modification of the 1989 Agreement or another agreement that are more favorable than those set forth in this Interim Agreement, Hillsborough shall be entitled to the benefit of the same terms, which shall be applied retroactively and prospectively.

In the event Hillsborough prepays its share of Project Costs as described in Section 2 of this Interim Agreement, the City Managers of the City and Hillsborough are hereby authorized to amend Hillsborough’s payment schedule(s) as reflected in Exhibit B. Any other amendment to this Interim Agreement unrelated to the payment schedule shall continue to require approval from the parties’ respective legislative bodies.

Section 10. Limitations
The terms of the 1989 Agreement, as amended, shall continue in full force and effect, including its procedures for quarterly billing and annual reconciliation for operation and maintenance costs, except that the City and Hillsborough agree to modify their rights and obligations with respect to each other as provided in this Interim Agreement and do not intend to affect the rights or obligations of the County or District. This Interim Agreement shall not affect the allocation of costs for non-CWP capital improvement costs, or other services under the 1989 Agreement except as provided in Section 4.
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This Amendment affects the cost allocation for the Clean Water Program as designed as of the Effective Date. Any future capital projects, including modifications to the WWTP or sewage transmission lines, shall be the subject of an amendment to the 1989 Agreement.

In the event of a conflict between the terms of this Interim Agreement and the terms of the 1989 Agreement, as amended, the terms in this Interim Agreement shall control.

ATTEST: City of San Mateo
Patrice M. Olds
City Clerk
Drew Corbett Date
City Manager
APPROVED AS TO FORM:

Prasanna W. Rasiah
City Attorney
ATTEST: Town of Hillsborough
Lisa Natusch
City Clerk
Ann Ritzma Date
City Manager
APPROVED AS TO FORM:

City Attorney
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Exhibit A – Full Flow based Town/District/County Clean Water Program Project Costs with Percentage Share % EAC % EAC % EAC
469981
Program Management
Clean Water Program
(CWP)
Implementation of the CWP including establishment of the Program Management Office (PMO), management of staff and resources, Program Controls, construction management oversight, permitting, environmental documentation, document controls, change and risk management, and development and implementation of design guidelines and standards. $        72,672,093 87.94% 63,907,839 $        5.7% 3,642,746.80 $     3.9% 2,492,405.70 $     0.3% 191,723.52 $ 46T002
WWTP Immediate Action
projects (IAP) Package 1
Replacement, repair, and modification to provide redundancy of various existing Wastewater Treatment Plant (WWTP) components including rehabilitation and improvements to the secondary clarifiers and solids handling system, replacement of motor control centers (MCC), and SCADA system improvements $        18,621,628 75.88% 14,130,091 $        7.6% 1,073,886.94 $     5.2% 734,764.75 $           0.4% 56,520.37 $ 46T003
Nutrient Removal and
Wet Weather Flow
Management Upgrade
and Expansion Project
Construction of a new preliminary and primary treatment facility and the replacement of an existing secondary treatment process at the WWTP to elimina SSOs as directed by a Cease and Desist Order issued by the Regional Water Quality Control Board. State of the art technologies, including membrane bioreactor and biological nutrient removal will be used to operate in peak flows, as well as produce a high‐quality effluent, addressing requirements of the NPDES permit. The project includes a new administration building that will house the SCADA system, a new warehouse for equipment and parts storage, and the conversion of the existing aeration basin to an equalization basin. $     75.88% 409,886,086 540,176,708 $     7.6% 31,151,342.54 $   5.2% 21,314,076.47 $   0.4% 1,639,544.34 $ 46T009 WWTP IAP Package 2
Replacement, repair, and modification to provide redundancy of various existing WWTP components including installation of bar screens and rehabilitation and improvements to the effluent pump station and solids handling system. $        13,914,127 75.88% 10,558,040 $        7.6% 802,411.01 $           5.2% 549,018.06 $           0.4% 42,232.16 $ 46T010 WWTP IAP Package 3
Replacement, repair, and modification to provide redundancy of various existing WWTP components at the effluent pump station including replacement of MCCs, variable frequency drives (VFD), valves, and HVAC equipment. $        14,950,765 75.88% 11,344,640 $        7.6% 862,192.68 $           5.2% 589,921.31 $           0.4% 45,378.56 $ 46T090
Annual Major
Components (Recurring
Project) – WWTP
An annual recurring budget, during the CWP, used to address priority projects including replacement, repair, and modification to provide redundancy to influent flow meters, the effluent pump station, dichlorination system, solids handling system, HVAC and odor control, site drainage, aeration basin blowers, primary sludge pumps, dewatering equipment, and electrical equipment. $           8,826,138 75.88% 6,697,274 $           7.6% 508,992.79 $           5.2% 348,258.22 $           0.4% 26,789.09 $ 469942
DAPS Wet Well
Rehabilitation
Repair and rehabilitation to allow for improved operation and reliability of DAPS including repair to concrete, relining of wet wells, replacement of existing gates, conduits, and piping, improvements for maintenance access, and improvements for operational flexibility. $           1,744,140 100.00% 1,744,140 $           8.2% 143,019.48 $           5.6% 97,671.84 $             0.4% 6,976.56 $ 46S003
Basin 2 & 3 ‐ DAPS
Improvements
Replacement of existing pumps and installation of VFDs to improve DAPS capacity and reliability, replacement of existing control panels and generator, modifications and enhancements to the SCADA system, and modifications and enhancements to wetwell. Rehabilitation of the existing forcemains. $        29,629,424 100.00% 29,629,424 $        8.2% 2,429,612.79 $     5.6% 1,659,247.76 $     0.4% 118,517.70 $ 46S003
Basin 2 & 3 –
Underground Flow
Equalization System
Construction of a 5.3 million gallon below grade tank for in‐system equalization storage at the San Mateo County Event Center, associated diversion sewers, force mains, and pump station $        84,679,710 100.00% 84,679,710 $        8.2% 6,943,736.23 $     5.6% 4,742,063.77 $     0.4% 338,718.84 $ TOTAL $     632,577,244 785,214,733 $     47,557,941 $           32,527,428 $           2,466,401 $ Notes*Values are based on the Clean Water Program estimates as of April 2022 Shared SM Costs
with Regional
Customers
Project Town District County
Number Project Name Project Description Estimate at Completion* San Mateo
Share (vs
Foster City)
 58 of 846
Exhibit A – Reduced Flow based Town/District/County Clean Water Program Project Costs with Percentage Share % EAC % EAC
469981
Program Management Clean Water
Program (CWP)
Implementation of the CWP including establishment of the Program Management Office (PMO), management of staff and resources, Program Controls, construction management oversight, permitting, environmental documentation, document controls change and risk management, and development and implementation of design guidelines and standards. $        72,672,093 87.94% 63,907,839 $             3.9% 2,492,405.70 $     2.6% 1,661,603.80 $ 46T002 WWTP Immediate Action projects
(IAP) Package 1
Replacement, repair, and modification to provide redundancy of various existing Wastewater Treatment Plant (WWTP) components including rehabilitation and improvements to the secondary clarifiers and solids handling system, replacement of motor control centers (MCC), and SCADA system improvements $        18,621,628 75.88% 14,130,091 $             5.2% 734,764.75 $           3.4% 480,423.11 $ 46T003
Nutrient Removal and Wet Weather
Flow Management Upgrade and
Expansion Project
Construction of a new preliminary and primary treatment facility and the replacement of an existing secondary treatment process at the WWTP to eliminate SSOs as directed by a Cease and Desist Order issued by the Regional Water Quality Control Board. State of the art technologies, including membrane bioreactor and biological nutrient removal will be used to operate in peak flows, as well as produce a high‐quality effluent, addressing requirements of the NPDES permit. The project includes a new administration building that will house the SCADA system, a new warehouse for equipment and parts storage, the conversion of the existing aeration basin to an equalization basin. $     75.88% 409,886,086 540,176,708 $           5.2% 21,314,076.47 $   3.4% 13,936,126.93 $ 46T009 WWTP IAP Package 2
Replacement, repair, and modification to provide redundancy of various existing WWTP components including installation of bar screens and rehabilitation and improvements to the effluent pump station and solids handling system. $        13,914,127 75.88% 10,558,040 $             5.2% 549,018.06 $           3.4% 358,973.35 $ 46T010 WWTP IAP Package 3
Replacement, repair, and modification to provide redundancy of various existing WWTP components at the effluent pump station including replacement of MCCs, variable frequency drives (VFD), valves, and HVAC equipment. $        14,950,765 75.88% 11,344,640 $             5.2% 589,921.31 $           3.4% 385,717.78 $ 46T090
Annual Major Components (Recurring
Project) – WWTP
An annual recurring budget, during the CWP, used to address priority projects including replacement, repair, and modification to provide redundancy to influent flow meters, the effluent pump station, dichlorination system, solids handling system, HVAC and odor control, site drainage, aeration basin blowers, primary sludge pumps, dewatering equipment, and electrical equipment. $           8,826,138 75.88% 6,697,274 $                5.2% 348,258.22 $           3.4% 227,707.30 $ 469942 DAPS Wet Well Rehabilitation
Repair and rehabilitation to allow for improved operation and reliability of DAPS including repair to concrete, relining of wet wells, replacement of existing gates, conduits, and piping, improvements for maintenance access, and improvements for operational flexibility. $           1,744,140 100.00% 1,744,140 $                5.6% 97,671.84 $             3.7% 64,533.18 $ 46S003 Basin 2 & 3 ‐ DAPS Improvements
Replacement of existing pumps and installation of VFDs to improve DAPS capacity and reliability, replacement of existing control panels and generator, modifications and enhancements to the SCADA system, and modifications and enhancements to wetwell. Rehabilitation of the existing forcemains. $        29,629,424 100.00% 29,629,424 $             5.6% 1,659,247.76 $     3.7% 1,096,288.70 $ 46S003
Basin 2 & 3 – Underground Flow
Equalization System
Construction of a 5.3 million gallon below grade tank for in‐system equalization storage at the San Mateo County Event Center, associated diversion sewers, force mains, and pum station $        84,679,710 100.00% 84,679,710 $             5.6% 4,742,063.77 $     3.7% 3,133,149.28 $ TOTAL 785,214,733 $     632,577,244 $           32,527,428 $           21,344,523 $ Notes*Values are based on the Clean Water Program estimates as of April 2022 Shared SM Costs
with Regional
Town District
Project Number Project Name Project Description Estimate at Completion* San Mateo Share (vs  59 of 846
Exhibit A-1 – Town of Hillsborough
DAPS
61 mgd

1. Flow includes Bay Meadows PS, Flint PS, and Mariners Island.

Minor
Parties
& City
Flow contributions through El Cerrito
Meter:
• Town = 6.8 mgd
• District = 4.8 mgd
• County = 0.4 mgd
• City = 0.9 mgd
TOTAL = 12.9 mgd
Town
WWTP
78 mgd
Town Flow from Yew / Borel= 0.3 mgd
Other City
Flows

4.8 mgd1
Foster City

12.2 mgd UFES
Total Flow to DAPS & UFES = 86.2 mgd

12.9 mgd + 73 mgd + 0.3 mgd
City flows = 73 mgd
(Based on 2014 Master Plan)
Cost share for DAPS & UFES:

𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 = 6.8 𝑚𝑚𝑚𝑚𝑚𝑚 + 0.3 𝑚𝑚𝑚𝑚𝑚𝑚

12.9 𝑚𝑚𝑚𝑚𝑚𝑚 + 0.3 𝑚𝑚𝑚𝑚𝑚𝑚 + 73 𝑚𝑚𝑚𝑚𝑚𝑚 = 8.2%
Proportion of Flow from DAPS:

𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 = 8.2% ∗ 61 𝑚𝑚𝑚𝑚𝑚𝑚 = 5.0 𝑚𝑚𝑚𝑚𝑚𝑚
Cost share for WWTP:

𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 = 5.0 𝑚𝑚𝑚𝑚𝑚𝑚
78 𝑚𝑚𝑚𝑚𝑚𝑚 − 12.2 𝑚𝑚𝑚𝑚𝑚𝑚 = 7.6%
DAPS – Dale Avenue Pump Station
UFES – Underground Flow Equalization System
WWTP – Wastewater Treatment Plant
Mgd – million gallons per day
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Exhibit B
Town of Hillsborough Clean Water Program Costs
Scenario I ‐ Full Flow
Years 1‐5 Years 6‐30
Max El Cerrito Flow (mgd) 6.8 4.5 4.5
Clean Water Program Costs1 $ 47,557,941 47,557,941 $ 32,527,428 $ Clean Water Program Payments2 $ 3,362,249 3,362,249 $ 10,478,018 $ Clean Water Program Contribution3 $ 44,195,692 44,195,692 $ 22,049,410 $ Interest Rate4 3.50% 3.50% 3.50%
Installment Years 30 5 25
Annual Installment Payment $ (2,402,979) (2,402,979) $ (1,337,827) $ Payment Year Annual Payment Amount Annual Payment Amount Annual Payment Amount 2022 (2,402,979) $ (2,402,979) $ 2023 (2,402,979) $ (2,402,979) $ 2024 (2,402,979) $ (2,402,979) $ 2025 (2,402,979) $ (2,402,979) $ 2026 (2,402,979) $ (2,402,979) $ 2027 (2,402,979) $ (1,337,827) $ 2028 (2,402,979) $ (1,337,827) $ 2029 (2,402,979) $ (1,337,827) $ 2030 (2,402,979) $ (1,337,827) $ 2031 (2,402,979) $ (1,337,827) $ 2032 (2,402,979) $ (1,337,827) $ 2033 (2,402,979) $ (1,337,827) $ 2034 (2,402,979) $ (1,337,827) $ 2035 (2,402,979) $ (1,337,827) $ 2036 (2,402,979) $ (1,337,827) $ 2037 (2,402,979) $ (1,337,827) $ 2038 (2,402,979) $ (1,337,827) $ 2039 (2,402,979) $ (1,337,827) $ 2040 (2,402,979) $ (1,337,827) $ 2041 (2,402,979) $ (1,337,827) $ 2042 (2,402,979) $ (1,337,827) $ 2043 (2,402,979) $ (1,337,827) $ 2044 (2,402,979) $ (1,337,827) $ 2045 (2,402,979) $ (1,337,827) $ 2046 (2,402,979) $ (1,337,827) $ 2047 (2,402,979) $ (1,337,827) $ 2048 (2,402,979) $ (1,337,827) $ 2049 (2,402,979) $ (1,337,827) $ 2050 (2,402,979) $ (1,337,827) $ 2051 (2,402,979) $ (1,337,827) $ Total (72,089,359) $ $ (33,445,667) (12,014,893) $ Total (45,460,560) $
1 Estimated share of CWP project costs as of 4/2022 estimates; subject to change based on final actual costs. 3 Share of CWP project costs less project payments.
4 The final interest rate will be based on the weighted average of the financings and refinancings obtained for the CWP Projects. Debt service payments will be revised accordingly.
2 Payments made toward the CWP project costs as of 2/18/22 + payment of $2,415,000 pending receipt. For the reduced flow scenario, the payments made account for extra principal paid in the first 1‐5 years.

Scenario II ‐ Reduced at 5yr
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 22-6315 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Wastewater Treatment Plant Supply of Chemicals – Contracts RECOMMENDATION:

Award chemical supply contracts to 1) Univar Solutions USA Inc. to supply sodium bisulfate in the amount of $323,394, including sales tax; 2) Univar Solutions USA Inc. to supply sodium hypochlorite in the amount of $490,550, including sales tax; and 3) Kemira Water Solutions, Inc. for the supply of ferric chloride in the amount of $266,828, including sales tax; and authorize the Public Works Director to execute the contracts in substantially the form presented.

BACKGROUND:

The Wastewater Treatment Plant (WWTP) uses chemicals to treat wastewater in accordance with applicable regulatory requirements.

Sodium Bisulfite
Sodium bisulfite is used as a de-chlorinating reagent in the final wastewater treatment process before discharging to San Francisco Bay. De-chlorination is a requirement of the City’s National Pollutant Discharge Elimination System permit. This contract includes the supply and delivery of 200,000 gallons of chemical product. The City participates in the Bay Area Chemical Consortium (BACC) along with other municipalities to competitively bid the cost of chemicals needed during the treatment of wastewater. The bid results are summarized below:

Contractor Bid Amount
(per gallon)
Contract Amount*
Univar Solutions USA Inc. $1.4750 $295,000
*Does not include 9.625% sales
tax
Based on the sole bid of $1.4750 per gallon, staff recommends awarding the contract to Univar Solutions USA Inc. for the supply of sodium bisulfite. The contract term is 12 months and the price is to remain firm for the entire period.

Sodium Hypochlorite
The WWTP uses sodium hypochlorite as a disinfecting reagent in the treatment process. The chlorination is a requirement of the City’s National Pollutant Discharge Elimination System permit. This contract provides the supply and delivery of 300,000 gallons of this chemical product. The BACC bid results for sodium hypochlorite are summarized below:
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CITY OF SAN MATEO
Contractor Bid Amount
(per gallon)
Contract Amount*
Univar Solutions USA Inc. $1.4916 $447,480
Olin Corporation $1.5490

5.05555555
$464,700
Hasa, Inc. $5.0000

5.05555555
$1,500,000
*Does not include 9.625% sales tax
Based on the low bid of $1.4916 per gallon, staff recommends awarding the contract to Univar Solutions USA Inc. for the supply of sodium hypochlorite. The contract term is 12 months and the price is to remain firm for the entire period.

Ferric Chloride
Ferric chloride is used for the control of hydrogen sulfide formation, an odorous compound, in the anaerobic digestion process that produces methane. Controlling hydrogen sulfide levels is a requirement of the Bay Area Air Quality Management District permit. This contract includes the supply and delivery of an estimated 200 dry tons of chemical product. The BACC bid results for ferric chloride are summarized below:

Contractor Bid Amount
(per dry ton)
Contract Amount*
Kemira Water Solutions, Inc. $1,217.00 $243,400
Pencco, Inc. $1,300.00 $260,000
Thatcher Company of California, Inc. $2,000.00 $400,000 Univar Solutions USA Inc. No Bid No Bid
*Does not include 9.625% sales tax
Based on the low bid of $1,217 per dry ton, staff recommends award of the contract to Kemira Water Solutions, Inc. for the supply of ferric chloride. The term of the contract is 12 months and the price is to remain firm for the entire period.

BUDGET IMPACT:

Funding is budgeted for the supply of chemicals in the Wastewater Treatment Plant operating budget.

ENVIRONMENTAL DETERMINATION:

This City Council action is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies and a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Sections 15378(b)(2); 15378(b)(4)(.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Univar Solutions USA Inc. Contract for Sodium Bisulfite Att 2 - BACC Bid Summary for Sodium Bisulfite
Att 3 - Univar Solutions USA Inc. Contract for Sodium Hypochlorite Att 4 - BACC Bid Summary for Sodium Hypochlorite
Att 5 - Kemira Water Solutions, Inc. Contract for Ferric Chloride Att 6 - BACC Bid Summary for Ferric Chloride
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CITY OF SAN MATEO

STAFF CONTACT
Michael Sutter, Wastewater Treatment Plant Operations Superintendent [email protected]
(650) 522-7376
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
(650) 522-7312
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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY OF SODIUM BISULFITE
FROM UNIVAR SOLUTIONS USA INC.

JULY 1, 2022 TO JUNE 30, 2023
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", Univar S o l u t i o n s USA Inc., a corporation, with offices at 8201 S. 212th, Kent, WA 98032, hereinafter referred to as "SUPPLIER".

R E C I T A L S:
(A) City has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given, on the date hereof, the CITY awarded the contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 200,000 GALLONS OF SODIUM BISULFITE 25% SOLUTION.

2. Contract Price. CITY shall pay, the SUPPLIER shall accept, in full payment for the work above agreed to the sum of $323,394 (three hundred twenty-three thousand three hundred ninety-four dollars and no cents), inclusive of 9.625% sales tax and priced at $1.475 per gallon of Sodium Bisulfite 25% solution.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 11-2022, Supply and Delivery of Sodium Bisulfite 25% Solution, Open Date: February 24, 2022, at 9:00 A.M PDT and shall be paid as described in this Contract. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.
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All of the above-named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one-year contract and will cover the period between July 1, 2022, and June 30, 2023.

6. Measurement of Quantities, Material Analysis and Identification. The SUPPLIER shall furnish the Wastewater Treatment Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating SODIUM BISULFITE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Wastewater Treatment Plant Manager's designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all of the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of SODIUM BISULFITE to the City of San Mateo, Wastewater Treatment Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct 66 of 846
of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, the SUPPLIER shall forthwith report the same to the CITY in writing. The SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.

SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. SODIUM BISULFITE will be furnished F.O.B. Destination City of San Mateo Wastewater Treatment Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code then it is requested to provide a toll-free telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of SODIUM BISULFITE will generally be prescheduled to provide the SUPPLIER with at least three (3) days’ notice before delivery must be made, but the SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY’s order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within 3 hours. In the event the SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of the SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Wastewater Treatment Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. The SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of SODIUM BISULFITE will be rejected without the following:
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a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Bisulfite
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non- conformance. SUPPLIER shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed
M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by wastewater treatment plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the wastewater plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Sodium Bisulfite.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the Contract, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may 68 of 846
deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods, such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:
a) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products- completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
d) Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

If the SUPPLIER maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the SUPPLIER.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the SUPPLIER; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the SUPPLIER including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the SUPPLIER’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). 69 of 846
Primary Coverage
For any claims related to this Contract, the SUPPLIER’s insurance coverage shall be primary insurance as respects the City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the CITY, its elected and appointed officials, employees, or agents shall be excess of the SUPPLIER’s insurance and shall not contribute with it.

Waiver of Subrogation
SUPPLIER hereby grants to CITY a waiver of any right to subrogation which any insurer of said SUPPLIER may acquire against the CITY by virtue of the payment of any loss under such insurance. SUPPLIER agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the CITY. The CITY may require the SUPPLIER to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

Verification of Coverage
SUPPLIER shall furnish the CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences or performance of the Contract commences. However, failure to obtain the required documents prior to the work beginning shall not waive the SUPPLIER’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

18. Warranties. In addition to any other expressed or implied warranties and unless otherwise agreed in writing, SUPPLIER warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, 70 of 846
descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude SUPPLIER’s standard warranties or other rights or warranties which the CITY may have or obtain.

19. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District.

SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

20. Remedies. In the event of SUPPLIER’s breach of this Contract, CITY may take any or all of the following actions, without prejudice to any other rights or remedies available to the CITY by law: (a) require SUPPLIER to repair or replace such goods, and upon SUPPLIER’s failure or refusal to do so, repair or replace the same at SUPPLIER’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at SUPPLIER’s option, said return to be made at SUPPLIER’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by SUPPLIER as SUPPLIER’s repudiation of this contract. In the event of the CITY’s breach hereunder, SUPPLIER’s exclusive remedy shall be SUPPLIER’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

23. Mediation. Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of a contract, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
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The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement.

The mediation process, once commenced by a meeting with the mediator, shall last until contract is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

24. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

25. Provisions Cumulative. The provisions of this contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this contract has been duly executed by the parties hereinabove named, as of the day and year first above written.

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
Joe Stanaway
Regional Vice President
Azalea Mitch
Public Works Director
*If a Corporation, can be either 1) President
or 2) Vice President plus an additional
corporate officer (i.e., Secretary, Treasurer)
who shall sign below

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
APPROVED AS TO FORM:

Shawnasey McCarthy
Municipal Commercial Manager
Linh Nguyen
Assistant City Attorney
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Bay Area Clean Water Agencies
Bid Results for Project 11‐2022 SODIUM BISULFITEIssued on 01/27/2022Bid Due on February 24, 2022 4:00 PM (PDT)Exported on 02/24/2022SINGLE BID AWARD SectionDescription Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Central Valley East Bay Peninsula Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal galUnivar Solutions USA Inc. 1.4750 1.4750 1.4750 1.4750 1.4750 1.8600 1.4750 1.9950 1.9950 1.9950 1.9950Single Bid Award SODIUM BISULFITE 20% (Optional) Aggregate Cost Calculation: Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Central Valley East Bay Peninsula Sacramento East Bay Total
Aggregate
Cost
Estimated annual quantity 130,000 200,000 435,000 436,000 511,000 7,000 675,000 237,500 9,000 165,600 40,000 4,000Univar Solutions USA Inc. $191,750.00 $295,000.00 $641,625.00 $643,100.00 $753,725.00 $13,020.00 $995,625.00 $473,812.50 $17,955.00 $330,372.00 $79,800.00 $5,900.00 $4,435,784.50 SODIUM BISULFITE 20% (Optional)
East Bay
SODIUM BISULFITE40% Solution, in Gallons
gal
SODIUM BISULFITE 25% Solution
Per Section 2.16 Method of AwardBids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities of said bids.

SODIUM BISULFITE 25% Solution, in Gallons
SODIUM BISULFITE 40% Solution

1.4750
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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F SODIUM HYPOCHLORITE
FROM UNIVAR SOLUTIONS USA INC.

JULY 1, 2022 TO JUNE 30, 2023
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", Univar Solutions USA Inc., a corporation, with offices at 8201 S. 212th, Kent, WA 98032, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given on the date hereof, the CITY awarded the Contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 300,000 GALLONS OF SODIUM HYPOCHLORITE 12.5%.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $490,550 (four hundred ninety thousand five hundred fifty dollars and no cents), priced at $1.4916 per gallon of Sodium Hypochlorite

12.5%, and inclusive of 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 13-2022, Supply and Delivery of Sodium Hypochlorite 12.5%, Open Date: February 24, 2022, at 9:00 A.M PDT and shall be paid as described in this Contract. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.
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All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

5. Schedule. This is a one-year Contract and will cover the period between July 1, 2022, and June 30, 2023.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Wastewater Treatment Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating SODIUM HYPOCHLORITE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Wastewater Treatment Plant Manager's designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of SODIUM HYPOCHLORITE to the City of San Mateo, Wastewater Treatment Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such 76 of 846
orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.

11. Time of Delivery. SODIUM HYPOCHLORITE will be furnished F.O.B. Destination City of San Mateo Wastewater Treatment Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code, then it is requested to provide a toll-free telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of SODIUM HYPOCHLORITE will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY's order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Wastewater Treatment Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.
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13. Rejection. All shipments of SODIUM HYPOCHLORITE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Hypochlorite
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. SUPPLIER shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance. All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Sodium Hypochlorite.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice 78 of 846
to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:
a) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. d) Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

If the SUPPLIER maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the SUPPLIER.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Primary Coverage
For any claims related to this contract, the SUPPLIER’s insurance coverage shall be primary insurance as respects the City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees, and agents. Any insurance or selfinsurance maintained by the CITY, its elected and appointed officials, employees, or agents shall be excess of the SUPPLIER’s insurance and shall not contribute with it.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the CITY.

The CITY may require the SUPPLIER to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:

VII, unless otherwise acceptable to the CITY.

Verification of Coverage
SUPPLIER shall furnish the CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work or performance of the contract commences. However, failure to obtain the required documents prior to the work beginning shall not waive the SUPPLIER’s obligation to provide them. The 80 of 846
CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

18. Warranties. In addition to any other expressed or implied warranties and unless otherwise agreed in writing, SUPPLIER warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude SUPPLIER’s standard warranties or other rights or warranties which the CITY may have or obtain.

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

23. Mediation. Should any dispute arise out of this Agreement, any party may request that it be 81 of 846
submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

25. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed follows:

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
Joe Stanaway
Regional Vice President
Azalea Mitch
Public Works Director
*If a Corporation, can be either 1) President or
2) Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall
sign below

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
APPROVED AS TO FORM:

Shawnasey McCarthy
Municipal Commercial Manager
Linh Nguyen
Assistant City Attorney
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Bay Area Clean Water Agencies
Bid Results for Project 13‐2022 SODIUM HYPOCHLORITE 12.5%Issued on 01/27/2022Bid Due on February 24, 2022 4:00 PM (PDT)Exported on 02/24/2022REGIONAL BID AWARD Section
SODIUM HYPOCHLORITE 12.5% In 275‐gal totes (Optional bid item) SODIUM HYPOCHLORITE 12.5% In Caryboys (Optional bid item) SODIUM HYPOCHLORITE 5.25% (Optional bid item)
Description Central Valley East Bay
Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay Central Valley North Bay Sacramento Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal gal galUnivar Solutions USA Inc. 1.5469 1.4322 1.4640 1.3852 1.4916 1.5166 1.4642 1.4424 no bid no bid no bid no bid no bidOlin Corporation 1.5490 1.4940 1.5890 1.5490 1.5490 1.5490 1.6240 1.4940 no bid no bid no bid no bid 0.9290Hasa, Inc. 5.0000 1.6300 5.0000 1.6100 5.0000 5.0000 5.0000 5.0000 2.0100 no bid no bid 2.1500 no bidREGIONAL AWARD

12.5% In 275‐gal totes
(Optional bid item)
SODIUM HYPOCHLORITE 12.5%
In Caryboys (Optional bid item)

5.25%
(Optional Bid Item)
Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay Central Valley North Bay Sacramento Sacramento Estimated annual quantity (in gals) 1,783,000 1,901,000 1,044,000 2,181,600 1,423,000 934,900 2,635,800 1,098,000 2,200 4,000 3,960 2,000 95,000 Univar Solutions USA Inc. $2,758,122.70 $2,722,612.20 $1,528,416.00 $3,021,952.32 $2,122,546.80 $1,417,869.34 $3,859,338.36 $1,583,755.20 no bid no bid no bid no bid no bid Olin Corporation $2,761,867.00 $2,840,094.00 $1,658,916.00 $3,379,298.40 $2,204,227.00 $1,448,160.10 $4,280,539.20 $1,640,412.00 no bid no bid no bid no bid $88,255.00Hasa, Inc. $8,915,000.00 $3,098,630.00 $5,220,000.00 $3,512,376.00 $7,115,000.00 $4,674,500.00 $13,179,000.00 $5,490,000.00 $4,422.00 no bid no bid $4,300.00 no bid *Highligted bid prices are only to show the apparent low bid and should not be construed as any indication that BACC has accepted such bid as responsive; see bid review for award recommendation.

SODIUM HYPOCHLORITE 12.5% In Drums (Optional bid item)

12.5% In Drums (Optional Bid Item)
SODIUM HYPOCHLORITE 12.5%SODIUM HYPOCHLORITE 12.5%
Per Section 2.16 Method of AwardBids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities in said bids.  84 of 846

CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F FERRIC CHLORIDE
FROM KEMIRA WATER SOLUTIONS, INC.

JULY 1, 2022 TO JUNE 30, 2023
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), made and entered into on , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as “CITY”, and Kemira Water Solutions, Inc., a corporation, with offices at 4321 W. 6th Street Lawrence, KS 66049, hereinafter referred to as “SUPPLIER”.

R E C I T A L S:
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given, on the date hereof, the CITY awarded the Contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 200 DRY TONS OF FERRIC CHLORIDE 38-42%.

2. Contract Price. CITY shall pay, the SUPPLIER shall accept, in full payment for the work above agreed not to exceed the sum of $266,828 (two hundred sixty-six thousand eight hundred twenty-eight dollars and no cents) inclusive of 9.625% sales tax and priced at $1,217.00 per dry ton of Ferric Chloride 38-42%.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 06-2022, Supply and Delivery of Ferric Chloride 38-42%, Open Date: February 24, 2022, at 9:00 A.M PDT and shall be paid as described in this Contract.

In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Agreement and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.
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All of the above-named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this agreement and any portion of the other Contract documents, this agreement shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for the goods delivered and accepted.

5. Schedule. This is a one-year contract and will cover the period between July 1, 2022 and June 30, 2023.

6. Measurement of Quantities, Material Analysis and Identification. The SUPPLIER shall furnish the Wastewater Treatment Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating FERRIC CHLORIDE, Weighmaster’s certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Wastewater Treatment Plant Manager’s designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of FERRIC CHLORIDE to the City of San Mateo, Wastewater Treatment Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. The SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, the SUPPLIER shall forthwith report the same to the CITY in writing. The SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.
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The SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

11. Time of Delivery. FERRIC CHLORIDE will be furnished F.O.B. Destination City of San Mateo Wastewater Treatment Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims). Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code, then it is requested to provide a tollf r e e telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of FERRIC CHLORIDE will generally be prescheduled to provide the supplier with at least three (3) days’ notice before delivery must be made, but the SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY’s order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event the SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of the SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY’s Wastewater Treatment Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY’s chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of FERRIC CHLORIDE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Ferric chloride
c) Weighmaster’s certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at SUPPLIER’s place of business or upon 87 of 846
receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or nonconformance. SUPPLIER shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance. All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

These instructions will be used by wastewater treatment plant personnel in cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Ferric Chloride.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER’s sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give CITY written notice of their intention to take over the performance thereof within 5 days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of SUPPLIER, and the sureties shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:
a) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate 88 of 846
limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. d) Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

If the SUPPLIER maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the SUPPLIER.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the CITY.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:

VII, unless otherwise acceptable to the CITY.

Verification of Coverage
SUPPLIER shall furnish the CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work or performance of the Contract commences. However, failure to obtain the required documents prior to the work beginning shall not waive the SUPPLIER’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

18. Warranties. In addition to any other expressed or implied warranties and unless otherwise agreed in writing, SUPPLIER warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude SUPPLIER’s standard warranties or other rights or warranties which the CITY may have or obtain.

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

23. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

25. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 91 of 846

26. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

27. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

This document represents the entire and integrated agreement between CITY and SUPPLIER and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and SUPPLIER.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
Christina Imbrogno, Azalea Mitch,
Commercial Support Manager Public Works Director
APPROVED AS TO FORM:

Gayla Walker Linh Nguyen,
Commercial Support Specialist Assistant City Attorney
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Bay Area Clean Water Agencies
Bid Results for Project 06‐2022 FERRIC CHLORIDEIssued on 01/27/2022Bid Due on February 24, 2022 4:00 PM (PDT)Exported on 02/24/2022SINGLE BID AWARD SectionDescription Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Tri ValleyUnit of Measure dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry tonUnivar Solutions USA Inc. no bid no bid no bid no bid no bid no bid no bid no bidKemira Water Solutions, Inc 1169.00 1217.00 1229.00 1233.00 1217.00 1248.00 1203.00 1226.00Pencco, Inc 1300.00 1300.00 1300.00 1300.00 1300.00 1300.00 1300.00 1300.00Thatcher Company of California, Inc. 1500.00 1500.00 1500.00 2000.00 2000.00 1250.00 1525.00 1338.00 *Highligted bid prices are only to show the apparent low bid and should not be construed as any indication that BACC has accepted such bid as responsive; see bid review for award recommendation.

Single Bid AwardAggregate Cost Calculation: Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Tri Valley TOTAL OVERALLEstimated annual quantity 260 1,043 1,493 23 526 100 5,198 120 Kemira Water Solutions, Inc $303,940.00 $1,269,331.00 $1,834,897.00 $28,359.00 $640,142.00 $124,800.00 $6,253,194.00 $147,120.00 $10,601,783.00Pencco, Inc $338,000.00 $1,355,900.00 $1,940,900.00 $29,900.00 $683,800.00 $130,000.00 $6,757,400.00 $156,000.00 $11,391,900.00Thatcher Company of California, Inc. $390,000.00 $1,564,500.00 $2,239,500.00 $46,000.00 $1,052,000.00 $125,000.00 $7,926,950.00 $160,560.00 $13,504,510.00 FERRIC CHLORIDE
Per Section 2.16 Method of AwardBids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities of said bids.

FERRIC CLORIDE in dry ton
 94 of 846

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 72-4671- 07-5541
File ID: 22-6256
TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Wastewater Treatment Plant Supply of Liquid Emulsion Polymer – Contract RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and award a contract to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $379,303, including sales tax, and authorize the Public Works Director to execute the contract in substantially the form presented.

BACKGROUND:

The Wastewater Treatment Plant (WWTP) uses liquid emulsion polymer for the dewatering of biosolids. Polymer use is important as the chemical optimizes the dewatering process, producing biosolids with less water. The lower the water content in the biosolids, the lower the transportation costs associated with the hauling for their disposal.

The current supplier, SNF Polydyne, has provided a custom-blended polymer that has been tested and optimized for the WWTP’s biosolids. Staff recommends the continued use of this same polymer blend, Clarifloc WE-1273 and WE-1728, from SNF Polydyne as it performs well and produces the results needed to maintain day-to-day WWTP operations. The testing of different polymer blends from other chemical vendors would be a labor-intensive task, requiring additional performance optimization testing. San Mateo Municipal Code section 3.60.050(b) authorizes procurement without competitive bidding procedures when calling for bids is impracticable, unavailing, or impossible. A contract with SNF Polydyne is appropriate pursuant to these standards since SNF Polydyne is the sole-source provider of its polymer blend, Clarifoc WE-1273 and WE-1728, which has shown superior performance results. Therefore, staff recommends the purchase of polymer from SNF Polydyne.

The contract includes the supply and delivery of 200,000 lbs of the chemical product.

Contractor Bid Amount Contract Amount*
SNF Polydyne $1.730/lb $346,000
*Does not include 9.625% sales tax
The unit price bid for SNF Polydyne was $1.730 per pound. The term of the contract is 12 months and the price is to remain firm for the entire period. Including sales tax, the total cost to the City is approximately $379,303.

BUDGET IMPACT:

Funding is budgeted for the supply of chemicals in the Wastewater Treatment Plant operations budget. 95 of 846

CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

This City Council action is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies and a government fiscal activity which does not involve any commitment ot any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(2); 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract

STAFF CONTACT
Michael Sutter, Wastewater Treatment Plant Superintendent [email protected]
650 522 7376
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650 522 7312
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CITY OF SAN MATEO
RESOLUTION NO.__(2022)

APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH SNF POLYDYNE FOR

SUPPLY OF LIQUID EMULSION POLYMER
WHEREAS, the Wastewater Treatment Plant uses Liquid Emulsion Polymer for the dewatering of biosolids; and
WHEREAS, SNF Polydyne provides a custom-blended polymer that has been tested and optimized for the plant’s biosolids; and
WHEREAS, retesting of polymer blends from other chemical vendors would be a labor-intensive task, requiring additional performance optimization testing; and WHEREAS, in accordance with Municipal Code section 3.60.050 (b) agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing or impossible and the City Council sets forth findings designating the reasons; and WHEREAS, City staff recommends approval of the agreement with SNF Polydyne for the supply of Liquid Emulsion Polymer.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS and RESOLVES that:

1. This Council action is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies and a government fiscal activity which does not involve any commitment to any specific project which may result in a potential significant physical impact on the environment (CEQA Guidelines Sections 15378(b)(2); 15378(b)(4)).

2. In accordance with Municipal Code section 3.60.050 (b), calling for bids would be impracticable because:
a) A custom-blended polymer has been tested and optimized for the plant’s biosolids; b) SNF Polydyne is the only provider of this custom-blended polymer; and c) Retesting of different polymer blends would be labor-intensive, requiring additional optimization.

3. The agreement with SNF Polydyne, for the supply of liquid emulsion polymer, in the amount not to exceed of $379,303 is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form submitted, on behalf of the City.
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Purchase Contract for Goods
Rev 7/21

PURCHASE CONTRACT

FOR SUPPLY OF LIQUID EMULSION POLYMER

FROM SNF POLYDYNE
This Purchase Contract (“Contract”), made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and SNF POLYDYNE, a Corporation (“VENDOR”).

RECITALS:

A. CITY desires to purchase certain liquid emulsion polymer hereinafter described.

B. CITY desires to engage VENDOR to provide these liquid emulsion polymers by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are not to exceed 200,000 pounds of Clarifloc WE-1273 and Clarifloc WE-1728 for the sum of $379,303 inclusive 9.625% sales tax and priced at $1.73/Lb described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.

This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.

Page 1 of 12 ends

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Purchase Contract for Goods
Rev 7/21
SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.

SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract.

All shipments shall be F.O. B. 2050 Detroit Drive, San Mateo. Transportation charges shall be shown as a separate item on the invoice.

The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.

SECTION 6 - WARRANTIES
In addition to any other expressed or implied warranties and unless otherwise agreed in writing, VENDOR warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude VENDOR’s standard warranties or other rights or warranties which the CITY may have or obtain.

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY and the Estero Municipal District, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY and the Estero Municipal Improvement District, its elected and appointed officials, employees, and agents against any such claims.

Page 2 of 12 ends

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Purchase Contract for Goods
Rev 7/21
SECTION 8 - INSURANCE
VENDOR shall procure and maintain for the duration of the contract the insurance specified in Exhibit B to this Agreement.

SECTION 9 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

SECTION 10 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law: (a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

SECTION 11 - COMPLIANCE WITH LAW
VENDOR warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract. VENDOR shall obtain and maintain throughout the life of the Contract all permits or licenses required in connection with the manufacture, sale, and shipment of the products ordered under this Contract.

SECTION 12 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 13 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.

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SECTION 14 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 15 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

SECTION 16 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.

SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Contract. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Contract.

SECTION 18 - MEDIATION
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

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SECTION 19 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Michael Sutter, WWTP Operations
Superintendent
City of San Mateo
2050 Detroit Drive
San Mateo, CA 94404
To VENDOR: SNF Polydyne
Attn: Rawlin Castro
1 Chemical Plant Road
Riceboro, GA 31323
SECTION 20 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and SNF Polydyne have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Azalea Mitch
Public Works Director
Date SNF Polydyne
Boyd Stanley,
Sr. Vice President
Date

APPROVED AS TO FORM
Linh Nguyen,
Assistant City Attorney
Date
Exhibit A: Rates
Exhibit B: Insurance Requirements

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Marc Schlag,
Assistant - Secretary
Date
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polydyne.snf.com
SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 Emailed to: [email protected]
March 21, 2022
Mike Sutter
WWTP Operations Superintendent / Public Works
City of San Mateo
City of San Mateo WWTP
2050 Detroit Drive
San Mateo, CA 94404
Subject: Polydyne CLARIFLOC Emulsion Price Increase Proposal Dear Mr. Sutter,
Polydyne Inc. would like to thank you for your continued business and partnership. While we are sincerely appreciative for the opportunity to continue to supply our CLARIFLOC WE-1273 and CLARIFLOC WE-1728, we must respectfully request relief in the form of a price adjustment due largely to significant cost increases for raw materials, freight services, as well as the ongoing COVID19 pandemic.

Continued high demand for finished polymers, coupled with a tight global supply of raw materials has driven the cost of these same raw materials to record high costs. Attached for your reference, please find the BLS Producer Price Index (PPI) for Chemicals and Allied Products (Series ID: WPU066) showing an increase of 27.6%, and Plastic Material and Resins mfg (Series ID: PCU325211325211) showing an increase of 24.2%.

Regarding transportation costs, the current demand for trucking services exceeds available supply. As a result, we are experiencing substantial trucking base-rate increases. These rising trucking rates significantly impact both the costs for raw materials delivered to our manufacturing facilities, and the cost to ship finished polymers to our valued customers. Please find attached graph for Long-Distance Trucking, which reflects an increase of 29.7% over the last year. While these indices do not fully encompass the totality of all the increases we have experienced, they are illustrative of the volatile market conditions for chemical manufacturing and trucking services.

Propylene is a derivative from crude oil. All the polymers currently used by the City of San Mateo are oilbased products. Polymer finished pricing have historically tracked with raw crude oil pricing. The now ongoing Russian-Ukraine conflict has driven the price of raw crude oil to > than $100/bbl. This is an increase not seen in over a decade. The forecast for crude oil pricing for the next few months is to continue to escalate, and remain record-high. This significant increase in crude oil pricing will continue to significantly increase the costs for both manufacture and freight of polymer. We are seeing this increase now, and expect to see the high costs continue.

In March 2021, oil was $58 per barrel, and in Jan 2022, it had increased to $76 per barrel. This was a 30% increase. As of today, oil is over $110 per barrel. That is an increase over the last 12 months of Exhibit A

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SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 90%, and an increase in the last 2 months of 45%. The price of oil is directly related to the price of the base chemicals used to make the raw materials needed to produce your polymers.

The cost to do business during the COVID19 pandemic has been significant. While there is no standard government index to measure the cost impact to our business, the pandemic has definitely impacted nearly every aspect of our business costs, ie. raw materials, freight, labor, energy, personnel, and administrative. Barring no reversal to the pandemic recovery, these cost impacts to our business and industry are expected to continue for the remainder of 2022, and into 2023.

Polydyne has always made every attempt in the past to shield our customers from the volatility of “normal” market conditions. However, these last 24 months have been unprecedented in terms of escalating costs, and have been anything but “normal”.

Effective April 1, 2022 we propose to supply CLARIFLOC WE-1273 and CLARICLOC WE-1728 in totes at an adjusted unit price of $1.73/Lb. (not including tax).

SNF is the largest producer of water-soluble polymers in the US. Our highest priority to the City of San Mateo and is to reliably supply your plant with the highest quality polymer you require to meet your operational demands. Please be assured that we are closely monitoring all aspects of our business, and are working tirelessly to remain the low-cost supplier. We greatly appreciate your understanding of our position and the market factors that have necessitated this request. Please respond via email to [email protected] if this offer is acceptable.

We greatly appreciate your business and look forward to continuing our valued partnership. Should you have any questions, please feel free to contact myself at (415) 218-6089.

Best regards,

RAWLIN CASTRO
West Region Sales Manager
Polydyne Inc.

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SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659

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SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659

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EXHIBIT B

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if SUPPLIER has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

If the SUPPLIER maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the SUPPLIER.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the SUPPLIER; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the SUPPLIER including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the SUPPLIER’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the SUPPLIER’s insurance coverage shall be primary insurance as respects the City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City of

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San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, or agents shall be excess of the SUPPLIER’s insurance and shall not contribute with it.

Waiver of Subrogation
SUPPLIER hereby grants to the City of San Mateo and the Estero Municipal Improvement District a waiver of any right to subrogation which any insurer of said SUPPLIER may acquire against the City by virtue of the payment of any loss under such insurance. SUPPLIER agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the SUPPLIER to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
SUPPLIER shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the SUPPLIER’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 72-4671- 07-5281
File ID: 22-6280
TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Wastewater Treatment Plant Biosolids Hauling and Disposal – Agreement RECOMMENDATION:

Award an agreement to Synagro-WWT, Inc. for Wastewater Treatment Plant biosolids hauling and disposal for three years in an amount not-to-exceed $1,824,250; approve two, one-year options to extend at $610,000 each for a not-to-exceed total amount of $3,044,250; establish a contingency of $100,000; and authorize the Public Works Director to execute the agreement and issue change orders up to the contingency amount in substantially the form presented.

BACKGROUND:

The wastewater treatment process produces biosolids, which are hauled off-site for disposal on a routine basis. The Wastewater Treatment Plant Biosolids Hauling and Disposal agreement will provide for the removal of an estimated 25,000 tons of biosolids over a period of 36 months and includes two optional twelve-month extensions.

In accordance with Municipal Code section 3.60.030, a competitive public process was used to obtain bids for this service.

Specifications and a Notice Inviting Sealed Proposals were published in May 2022. A mandatory walkthrough was held on May 5, 2022, and three bids were received and opened on May 12, 2022. The three bids received were as follows:

Contractor Bid Amount
(per ton) Contract Amounts
Synagro-WWT, Inc. $72.97 $1,824,250
Compactor Management Co, LLC $71.75 $1,793,750
S&S Trucking $66.25

5.05555555
$1,656,250

5.05555555
The lowest responsible bidder provides the goods and services according to the agreement requirements for the lowest cost; provided that the bidder has the ability, capacity, and, when necessary, the required State or other licenses to perform the work. While S&S Trucking submitted the lowest bid, they did not attend the mandatory pre-bid walkthrough, making its bid non-responsive to the bid requirements per Section 11.a of the Notice Inviting Sealed Bids. The second lowest bid was provided by Compactor Management Co, LLC, with a bid of $71.25 per ton.

However, Compactor Management has never held a biosolids agreement nor hauled biosolids and only referenced a single point of disposal (a landfill) for the entire agreement. To comply with California SB 1383 requirements for reducing organic materials to landfills, land application is also required as a biosolids disposal option, which this bid did not include. Therefore, the bid from Compactor Management is also non-responsive. Synagro-WWT, Inc. submitted a responsive bid and meets the SB 1383 requirements. Synagro-WWT, Inc. also has 40 years of experience 110 of 846

CITY OF SAN MATEO
in the biosolids residuals management business. As a result, staff determined Synagro-WWT, Inc. to be the lowest responsive and responsible bidder and, therefore, recommends awarding the biosolids hauling agreement accordingly.

The State of California Department of Industrial Relations requires that prevailing wages be paid on public works projects that are more than $1,000. While the hauling of biosolids does not meet the State’s definition of a public works project, the contract documents include prevailing wage requirements to ensure a competitive wage for the service provider.

BUDGET IMPACT:

This is a three-year agreement and will cover the period between July 1, 2022 and June 30, 2025. Sufficient funds are budgeted in the Wastewater Treatment Plant operations budget to award this agreement.

ENVIRONMENTAL DETERMINATION:

This agreement is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
Att 2 – Bid Summary

STAFF CONTACT
Michael Sutter, Wastewater Treatment Plant Operations Superintendent [email protected]
650-522-7376
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7312
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WASTEWATER BIOSOLIDS HAULING AND DISPOSAL
JULY 1, 2022 TO JUNE 30, 2025

AGREEMENT FOR SERVICES

CITY OF SAN MATEO

CITY COUNCIL AWARD
THIS AGREEMENT, made and entered into this day of , by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, hereinafter referred to as “CITY”, and Synagro-WWT, Inc., a Corporation with offices at 435 Williams Court, Suite 100, Baltimore, MD 21220 hereinafter referred to as “CONTRACTOR”.

R E C I T A L S:
(a) City has taken appropriate proceedings to authorize services or other matters herein provided, and execution of this contract.
(b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the services hereinafter described to Contractor.

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book therefore entitled:

Wastewater Biosolids Hauling and Disposal, July 1, 2022 to June 30, 2025

2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the work above agreed to be done for the not-to-exceed sum of $1,824,250.

3. The Contract Documents. The complete contract consists of the following documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions, Addendums Number issued to the Contract Book, All rights and obligations of City and Contractor are fully set forth and described in the contract documents.
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JULY 1, 2022 TO JUNE 30, 2025
All of the above-named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents." In the event of any variation or discrepancy between any portion of this agreement and any portion of the other contract documents, this agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book.

4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.

5. RESERVED

6. Duties of the City. City shall provide pertinent information regarding its requirements for the project. City shall examine documents submitted by Contractor and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of Contractor’s work.

7. Ownership of Documents. All documents prepared by Contractor in the performance of this Agreement are and shall be the property of the City, whether the project for which they are made is executed or not.

8. Confidentiality. All reports and documents prepared by Contractor in connection with the performance of this Agreement are confidential until released by City to the public. Contractor shall not make any such documents or information available to any individual or organization not employed by Contractor or City without the written consent of City before any such release.

9. Interest of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

10. Contractor’s Status. It is expressly agreed that in the performance of the services required under this Agreement, Contractor shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the City as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make Contractor an agent or employee of City while providing services under this Agreement.

11. Waivers. The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
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12. Non-Discrimination. Contractor warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither Contractor nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

13. Performance by Sureties. Without limitation to such rights or remedies as City shall otherwise have by law, City shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days’ written notice to Contractor. Contractor agrees to cease all work under this Agreement upon receipt of said written notice. In the event of any termination as hereinbefore provided, the City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.

14. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work. Contractor shall not require more than 8 hours' labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.

15. Prevailing Wage Scale. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, or as determined by the Administrator or the Wage and Hour Division, U.S. Department of Labor, in force on the day bids are opened, whichever is higher, will be the minimum paid to all craftsmen and laborers working on this project.

In cases where the State prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into.

Any contractor awarded a public works project who intends to use a craft or classification not shown on the general prevailing wage determinations will be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time the bids are opened. Attention is directed to Section SP-7-2.3.6, Federal Labor Standards Provisions.

A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in 114 of 846

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JULY 1, 2022 TO JUNE 30, 2025
the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

16. Insurance. Contractor shall procure and maintain for the duration of the contract the insurance as specified in this section of the Agreement. Coverage shall be at least as broad as:

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Contractor’s Pollution Legal Liability and/or Abestos Legal Liability and or Errors and Imissions (if project involvesenvironmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents shall be excess of the Contractor’s insurance and shall not contribute with it. 115 of 846

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JULY 1, 2022 TO JUNE 30, 2025
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

17. Hold Harmless and Indemnity Provision. Contractor agrees to hold harmless and indemnify The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Contractor’s performance of this Agreement, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. Contractor agrees to defend The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents against any such claims.

18. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, 116 of 846

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JULY 1, 2022 TO JUNE 30, 2025
to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

19. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.

20. Litigation. Contractor shall testify at City’s request if litigation is brought against City in connection with Contractor’s services under this Agreement. Unless the action is brought by Contractor, or is based upon Contractor’s wrongdoing, City shall compensate Contractor for preparation for testimony, testimony, and travel at Contractor’s standard hourly rates at the time of actual testimony.

21. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

22. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

Mike Sutter
Operations Superintendent
Department of Public Works
City of San Mateo
2050 Detroit Drive
San Mateo, CA 94404
Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.

23. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

24. Agreement Contains All Understandings; Amendment. This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Contractor.
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CITY OF SAN MATEO, CALIFORNIA

WASTEWATER BIOSOLIDS HAULING AND DISPOSAL
JULY 1, 2022 TO JUNE 30, 2025

25. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.

CONTRACTOR CITY OF SAN MATEO, a
municipal corporation
By: Emil Kneis, Contracts Manager Azalea Mitch, P.E., Public Works Director

APPROVED AS TO FORM
Linh Nguyen, Assistant City Attorney
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ITEM EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST

1 Furnish all applicable labor,
materials, equipment, disposal
site, permits (if necessary),
fees, regulatory reports,
monthly disposal reports and
other appurtenances of
services to receive, transport
and legally dispose of
approximately 8,333 tons of
wastewater biosolids per year
at a permitted disposal site.
(estimated 25,000 tons)
$0.00 $66.25 $1,656,250.00 $71.75 $1,793,750.00 $72.97 $1,824,250.00 TOTAL
$0.00 $1,656,250.00 $1,793,750.00 $1,824,250.00
c: Azalea Mitch, DPW
Matt Fabry, PW Deputy Director
Bid Summary Binder
Project File
BIDDER #2 Compactor
Management Co, LLC BIDDER #3 Synagro-WWT, Inc.

DESCRIPTION OF WORK

ENGINEER'S ESTIMATE

BID SUMMARY
CITY PROJECT NO. Biosolids Hauling and Disposal
BID OPENING: May 12, 2022
BIDDER #1 S&S Trucking
Q:\pw\PWENG\A_CONTRACTS\2022\WASTEWATER TREATMENT PLANT BIOSOLIDS HAULING AND DISPOSAL\Biosolids Bid Summary Page 1 121 of 846

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 46t090 File ID: 22-6288 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 20, 2022
SUBJECT:

Wastewater Treatment Plant Immediate Action Projects, Package III – Bid Rejection RECOMMENDATION:

Adopt a Resolution to reject the sole bid received for Wastewater Treatment Plant Immediate Action Projects, Package III, and authorize the Public Works Director to negotiate a contract directly with Mountain Cascade, Inc.

BACKGROUND:

The City of San Mateo Wastewater Treatment Plant (WWTP) is an aging facility, and the Clean Water Program (CWP) includes a variety of capital improvement projects to rehabilitate and upgrade the existing facilities. WWTP Immediate Action Projects, Package III is a component of the CWP and includes improvements to the WWTP’s effluent pump station, site waste pump station, and plant-wide mechanical and electrical equipment, as well as replacement of effluent flowmeters and sludge heating and recirculation piping.

In accordance with Municipal Code section 3.60.030, a competitive public process was used to obtain bids for this service.

A Notice Inviting Sealed Proposals and Bidding Documents was issued to advertise the project on April 15, 2022. Eleven contractors attended the mandatory pre-bid site walk on April 21, 2022. One bid was received and opened on May 20, 2022 with the result below, which is 64 percent above the engineer’s estimate of $12,131,000.

Contractor Bid Amount
Mountain Cascade, Inc. $19,880,000
Based on information from this contractor, the cost and procurement lead times for materials and equipment associated with this project have increased due to the current market conditions and supply chain issues. The project is expected to take approximately 18 months to complete. Future market conditions and the associated impacts and/or benefits are uncertain.

San Mateo Municipal Code section 3.60.040(a)(4) authorizes the City Council to, at its discretion, reject all bids received, negotiate a contract for the work or supplies if the project is not within budget, do the work through City employees, or terminate the project or purchase. Given that the bid is greater than the established budget for the project, staff is requesting for City Council to reject all bids. However, given the uncertainty of future price escalations, there may be an opportunity to have value engineering discussions with the single bidder now and identify potential savings. Staff is therefore requesting for City Council to authorize the Director of Public Works to have negotiation discussions with Mountain Cascade, Inc. in an effort to identify areas where cost reductions may be achieved. If these negotiations are successful, staff will return to City Council for approval of a modified contract with Mountain Cascade, Inc. at a future date.

If negotiations are not successful, staff will either rebid the project at a later date or modify the scope. 122 of 846

CITY OF SAN MATEO
BUDGET IMPACT:

There is no budget impact for the rejection of bids.

ENVIRONMENTAL DETERMINATION:

The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). On June 6, 2016, Council certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Bid Results

STAFF CONTACT
Daniel Patten, Project Manager II
[email protected]
(650) 522-7284
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

REJECTING ALL BIDS FOR THE WASTEWATER TREATMENT PLANT IMMEDIATE ACTIONS PROJECT, PACKAGE III WHEREAS, the Wastewater Treatment Plant (WWTP) Immediate Action Projects, Package III (Project) includes improvements to the WWTP’s effluent pump station, site waste pump station, plant-wide mechanical and electrical equipment, replacement of effluent flowmeters, and sludge heating and recirculation piping; and WHEREAS, the City advertised the Project in accordance with Section 3.60.040 of the Municipal Code; and
WHEREAS, eleven contractors attended the mandatory pre-bid site walk on April 21, 2022; and WHEREAS, one bid was received and opened on May 20, 2022 and the lowest responsible bidder was Mountain Cascade, Inc. (Mountain Cascade) with a bid of $19,880,000; and WHEREAS, Mountain Cascade’s bid is 64 percent above the engineer’s estimate of $12,131,000; and WHEREAS, Mountain Cascade provided information indicating the cost and procurement lead times for materials and equipment associated with this project have increased due to the current market conditions and supply chain issues; and
WHEREAS, future market conditions and the associated impacts and/or benefits are uncertain; and WHEREAS, Section 3.60.040(a)(4) of the City’s Municipal Code allows the City Council to, at its discretion, reject all bids received, negotiate a contract for the work or supplies if the project is not within budget, do the work through City employees, or terminate the project or purchase; and WHEREAS, given the uncertainty of future price escalations, there may be an opportunity to have value engineering discussions with the contractor now and identify potential savings; and WHEREAS, staff recommends rejecting all bids and negotiating a contract directly with Mountain Cascade for the WWTP Immediate Action Projects, Package III to reduce project costs and account for the potential future changes in economic conditions; and
WHEREAS, if these negotiations are successful, staff will return to Council for approval of a modified contract with Mountain Cascade at a future date; but if negotiations are not successful, staff will either rebid the project at a later date or modify the scope.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. In accordance with the provisions of San Mateo Municipal Code Section 3.60.040(a)(4), all bids for the WWTP Immediate Action Projects, Package III are rejected.

2. The Director of Public Works is authorized to negotiate a modified contract with Mountain Cascade, Inc. who is the lowest responsible bidder on the project. 124 of 846
ITEM EST. UNIT TOTAL UNIT TOTAL
NO. QTY. UNIT PRICE COST PRICE COST
1 Mobilization and Demobilization (Not to Exceed 5% of Total Bid) LS $500,000
2 Effluent Pump Station 2 (EPS2) and associated piping, valves, site work, temporary shorin9
, piles, electrical and I&C
LS
$7,600,000
3 Architectural Modifications LS $300,000
4 Site Waste Pump Station and associated site work,
temporary shoring, piles, eIectrical and I&C LS $6,500,000 5 Plant-wide Mechanical Improvements LS $1,800,000
6 Effluent Pump Station 1 (EPS I ) Structural Repair LS $1,100,000 7 Effluent Pump Station I (EPS l ) Roof
Repair LS $150,000
8 Centrifuge/Centrate Piping Improvements LS $240,000
9 Sludge Recirculation System Piping
Replacement LS $900,000
10 Digester No. 2 Sludge Recirculation System Piping Inspection and Replacement Alternate A LS $280,000
11 Digester Sludge Recirculation System Elow Meters
Replacement Alternate B LS $260,000
12 General Construction not included in the above base bid items or alternate bid items LS $250,000
TOTAL $12,131,000.00 $19,880,000
c: Azalea Mitch, DPW
Matt Fabry, PW Deputy Director
Bid Summary Binder
Project File
$12,131,000.00

DESCRIPTION OF WORK

ENGINEER'S ESTIMATE

BID SUMMARY
CITY PROJECT NO. 46T010-46000-0553 Immediate Action Projects, Package III BID OPENING: May 20, 2022
BIDDER #1 Mountain
Cascade, Inc.

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San Mateo City CouncilJune 20, 2022

San Mateo City Council
June 20, 2022