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: 15 Section Name: {{section.name}} Account Number: 10-4662 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 17, 2024
SUBJECT:
Private Development and Right-of-Way Support Services – Agreements RECOMMENDATION:
Approve professional consultant services agreements for wireless permit review support services through June 30, 2026, with up to two optional one-year extensions, with: Envirobusiness, Inc. dba EBI Consulting, in an amount not to exceed $100,000; OSC Engineering in an amount not to exceed $100,000; and Waterford Consultants, LLC in an amount not to exceed $100,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue amendments within the budget amount including no-cost term extensions.
BACKGROUND:
The Public Works Development Section is responsible for providing review and permitting for Wireless Permits within the public right-of-way. In 2021, Public Works updated San Mateo Municipal Code (SMMC) Chapter 17.10 "Wireless Communication Facilities in the Public Right-of-Way and the Design Standards” to apply to Wireless Permit applications involving new or existing wireless facilities within the public right-of-way.
Wireless Permits:
Public Works received 178 wireless permit applications in 2023. As required by the Federal Communications Commission (FCC), City staff must review Wireless Permit applications within a 90 days (60 days for installations on existing structures) review timeframe also known as the "shot clock.” The shot clock starts once the applicant submits the application and stops when the permit is approved, which includes the appeal process and decision. If staff cannot complete the review within the shot clock, the application is automatically deemed approved by existing federal law.
FCC RF Emission Compliance:
Pursuant to 47 U.S.C 332(c)(7), the City may not regulate the placement, construction, and modification of wireless service facilities to the extent that such facilities comply with the FCC’s regulations concerning radio frequency (RF) emissions.
Wireless Permit applications are required to include an RF compliance report prepared by an RF engineer to certify the proposed facility, as well as any collocated facilities and any cumulative emissions from adjacent areas, will comply with applicable FCC regulations.
These reports are prepared and stamped by licensed Electrical Engineers; however, City staff typically does not have the technical expertise to verify the calculations and results of these reports. Over the past year, the City has received public input voicing a desire for the City to peer review and verify RF Report calculations and results using independent third- party consultants.
Consultant Proposals:
CITY OF SAN MATEO
In March 2024, Public Works issued a request for proposals (RFP) to multiple firms capable of providing RF Report review services on an on-call basis. In total, Public Works received responses from five (5) firms and evaluated those submissions based on the firms’ experience in RF Report preparation and/or review, the proposed firms’ staff qualifications, and the pricing structures. Ultimately, Public Works utilized those criteria to identify three (3) firms to consider awarding agreements for on-call RF Report review services. The firms selected by Public Works are:
•Envirobusiness, Inc. (d/b/a EBI Consulting)
•OSC Engineering
•Waterford Consultants, LLC
Conflicts of Interest:
These three firms have or currently provide services to wireless service providers (such as AT&T, Crown Castle, T-Mobile, and Verizon). These three firms have confirmed that they will cease working for providers within the City while under contract with the City and will not review any submitted reports that were previously created by their firm. These three firms are recommended for award to allow staff to assign RF Report reviews to avoid a firm from reviewing their own reports.
Contract Terms:
These firms will each enter into separate agreements with the City for approximately two-year terms ending on June 30, 2026, with up to two optional one-year extensions (with no contract value increases) pending performance review by staff.
Based on the above, staff recommends executing professional consultant agreements with EBI Consulting, OSC Engineering, and Waterford Consultants, LLC to provide RF Report review services for a term of two years, with two optional one-year extension, for not-to-exceed amounts of $100,000 for each agreement.
BUDGET IMPACT:
The expense of these RF Report review services will be fully cost recoverable as they will be charging to the wireless permit deposit accounts as set forth in the most current adopted fee schedule.
ENVIRONMENTAL DETERMINATION:
These agreements are not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement with EBI Consulting
Att 2 – Agreement with OSC Engineering
Att 3 – Agreement with Waterford Consultants
STAFF CONTACT
Jason Hallare, Senior Engineer
[email protected]
650-522-7316