HomeMy WebLinkAboutReso 33-2017 (17-298) �Tx SANS City of South San Francisco
P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco,CA
t"-t, � City Council
Resolution: RES 33-2017
File Number: 17-298 Enactment Number: RES 33-2017
RESOLUTION APPROVING COOPERATIVE IMPLEMENTATION
AGREEMENT NO. D43CIASF0001 WITH CALTRANS FOR THE
ORANGE MEMORIAL PARK STORM WATER CAPTURE PROJECT.
WHEREAS, The City of South San Francisco (`the City") is a member of the San Mateo Countywide
Water Pollution Prevention Program (SMCWPPP), a program of the City/County Association of
Governments of San Mateo County(C/CAG); and
WHEREAS, the San Francisco Bay Regional Water Board issued a Municipal Regional Permit (MRP)
requiring participating agencies to address storm water quality including polychlorinated biphenyls
(PCBs), mercury, and trash reduction; and
WHEREAS, the San Mateo Countywide Storm Water Resource Plan prepared by C/CAG identified the
Orange Memorial Park Storm Water Capture Project ("the Project") as a potential project with regional
benefits that will assist with MRP mandated reductions in PCBs, mercury, and trash; and
WHEREAS, Caltrans is offering to fund the Project through Cooperative Implementation Agreement No.
D43CIASF0001 (Exhibit A); and
WHEREAS, funding for this project will be included in the City of South San Francisco's fiscal year
2017-2018 Capital Improvement Program.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the
City Council hereby approves the Cooperative Implementation Agreement No. D43CIASF0001 between
the City of South San Francisco and State of California Department of Transportation.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Cooperative
Implementation Agreement No. D43CIASF0001 on behalf of the City Council of South San Francisco,
subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make any revisions,
amendments, or modifications, deemed necessary to carry out the intent of this Resolution which do not
materially alter or increase the City's obligations thereunder, subject to approval as to form by the City
Attorney.
City of South San Francisco Page 1
Fite Number: 17-298 Enactment Number: RES 33-2017
BE IT FURTHER RESOLVED that the City Manager to take any other related action necessary to carry
out the intent of this Resolution.
At a meeting of the City Council on 4/26/2017, a motion was made by Mark Addiego, seconded by Karyl
Matsumoto, that this Resolution be approved.The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and Councilmember Addiego
Attest by
Gabriel Rodriguez
City of South San Francisco Page 2
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CIA No. D43CIASF0001
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COOPERATIVE IMPLEMENTATION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON April 26, 2017, is between the State
of California acting by and through its Department of Transportation, referred to herein as
CALTRANS and the CITY OF SOUTH SAN FRANCISCO, a b ody politic and a
municipal corporation (chartered City) of the State of California, referred to herein as
“AGENCY”. CALTRANS and AGENCY are together referred to as PARTIES.
RECITALS
1. CALTRANS and AGENCY, pursuant to California Streets and Highways Code (SHC)
Sections 114 and 130, are authorized to enter into a Cooperative Agreement for
improvements to the State Highway System (SHS) as a watershed stakeholder within
AGENCY’s jurisdiction.
2. As per Attachment IV of the Caltrans National Pollutant Discharge Elimination Permit
Order 2012-0011-DQW (NPDES Permit), Section I.A, CALTRANS and AGENCY are
to collaboratively implement the NPDES Permit requirements as they have been
identified as stakeholders in the Total Maximum Daily Load (TMDL) for Orange Park
Stormwater Treatment Facility (hereinafter referred to as “Water Capture Facility”).
CALTRANS has agreed to contribute an amount not to exceed Nine Million Five
Hundred Thousand amount (in English) Dollars ($9,500,000) to AGENCY for AGENCY
to construct the Water Capture Facility, within the regional area under the jurisdiction of
AGENCY to comply with the TMDL. The NPDES Permit (including Attachment IV) is
located at:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/caltrans.shtm
3. AGENCY has agreed to implement Orange Memorial Park Storm Water Capture Project
(hereinafter referred to as the “PROJECT”) subject to the terms and conditions of this
Agreement including all attached hereto that are incorporated herein and made a part of
this Agreement (collectively referred to as the “AGREEMENT”).
4. AGENCY will be responsible for all management, maintenance and operations,
including costs of the constructed Water Capture Facility.
5. CALTRANS will be credited with one (1) Compliance Unit (CU) for each Eighty Eight
Thousand Dollars ($88,000) paid to AGENCY. A compliance unit is defined as one (1)
acre of CALTRANS’s Right-of-Way (ROW) from which the runoff is retained, treated,
and/or otherwise controlled prior to discharge to the relevant reach. The financial
equivalent as submitted by CALTRANS is One Hundred Seventy Six Thousand Dollars
($176,000) per CU. The State Water Resources Control Board (“State Water Board”) is
encouraging collaborative efforts and Cooperative Implementation Agreements, and uses
a 50% discount for CU in dollars contributed to the Cooperative Implementation. This
sets the CU equivalent at Eighty Eight Thousand Dollars ($88,000).
6. Cooperative Implementation has the following advantages: (i) allows for retrofit projects
off the ROW, at locations that may otherwise have space, access, or safety limitations
within the ROW; (ii) provides for the involvement of local watershed partners who have
an interest and expertise in the best way to protect, manage, and enhance water quality in
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the watershed; (iii) allows for implementation of Best Management Practices (BMPs)
and other creative solutions not typically available to CALTRANS; (iv) allows for larger
watershed-scale projects; and (v) leverages resources from other entities.
7. All services performed by AGENCY pursuant to this AGREEMENT are intended to be
performed in accordance with all applicable Federal, State and AGENCY laws,
ordinances, regulations, and CALTRANS published manuals, policies, and procedures.
In case of conflict between Federal, State and AGENCY laws, ordinances, or regulations,
the order of precedence applicability of these laws shall be Federal, State and then
AGENCY laws and regulations, respectively.
8. Project funding is as follows:
FUND TITLE FUND SOURCE DOLLAR AMOUNT
SHA State of California $9,500,000
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SECTION I All sections of this agreement including the recitals are enforceable.
1. AGENCY has agreed to implement PROJECT in accordance with Attachment II-
SCOPE SUMMARY. The SCOPE SUMMARY that is attached to and made a part of
this AGREEMENT defines in detail the PROJECT’s scope of work, description,
timeline, location and budget.
2. AGENCY will be responsible for all management, maintenance and operations, including
costs of the constructed Water Capture Facility.
3. AGENCY will develop and construct the Water Capture Facility in accordance with the
applicable laws, policies, practices, procedures and standards. This applies to all
procurements, including land acquisitions, licenses and permits.
4. AGENCY shall prepare initial engineering and geotechnical assessments, and detailed
design as well as acquire environmental reviews and Right-of-Way need for the
PROJECT. This work is the AGENCY equivalent to Caltrans process of Project Initiation
Document (PID), Project Approval & Environmental Document (PA & ED) and Plans,
Specification and Estimate (PS&E). AGENCY will pay for coordinate, prepare, obtain,
implement, renew, and amend all any permits needed to complete the PROJECT.
AGENCY will prepare CEQA environmental documentation to meet CEQA requirements.
5. AGENCY will advertise, open bids, award, and approve the construction contract in
accordance with the California Public Contract Code and the California Labor Code and
will be responsible for the administration, acceptance, and final documentation of the
construction contract.
6. AGENCY shall be reimbursed for actual costs not exceeding the amount provided in the
AGREEMENT herein
7. CALTRANS shall have the right to inspect the work to be performed hereunder at any
time during its progress and to make final inspection upon completion thereof. Failure of
CALTRANS to object within 30 days after final inspection shall indicate satisfactory
performance of the AGREEMENT by AGENCY.
8. The total amount reimbursable to AGENCY pursuant to this AGREEMENT by
CALTRANS shall not exceed $9,500,000 (“Contract Sum”). Costs incurred by
AGENCY for PROJECT work under this AGREEMENT in excess of the Contract Sum
will be borne by AGENCY. It is understood and agreed that this AGREEMENT fund
limit is an estimate and that CALTRANS will only reimburse the cost of services actually
rendered as authorized by the CALTRANS Contract Manager or designee at or below the
fund limitation amount set forth in this AGREEMENT and in accordance with the Budget
included in Attachment II.
9. All administrative draft and administrative final reports, studies, materials, and
documentation relied upon, produced, created or utilized for PROJECT will be held in
confidence to the extent permitted by law, and where applicable, the provisions of
California Government Code section 6254.5(e) shall govern the disclosure of such
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documents in the event said documents are shared between the Parties. Parties will not
distribute, release, or share said documents with anyone without prior written consent
of the party authorized to release said documents except: (i) to employees, agents, and
consultants who require access to complete the work described herein this Agreement;
or(ii) release is required or authorized by law.
10. HM-1 is defined as hazardous material (including but not limited to hazardous waste)
that requires removal and disposal pursuant to Federal or State law, whether it is
disturbed by PROJECT or not. HM-2 is defined as hazardous material (including but
not limited to hazardous waste) that may require removal and disposal pursuant to
Federal or State law, only if disturbed by PROJECT.
11. CALTRANS independent of PROJECT costs, is responsible for any HM-1 found
within existing CALTRANS Right-of-Way (ROW). CALTRANS will undertake HM-
1 management activities with minimum impact to PROJECT schedule and will pay all
costs associated with HM-1 management activities.
12. CALTRANS has no responsibility for management activities or costs associated with
HM-1 found outside the CALTRANS existing ROW. AGENCY, independent of
PROJECT costs, is responsible for any HM-1 found within PROJECT limits outside
existing CALTRANS ROW, and will pay, or cause to be paid, all costs associated with
HM-1 management activities. AGENCY will undertake, or cause to be undertaken,
HM-1 management activities with minimum impact to PROJECT schedule.
13. If HM-2 is found within the limits of PROJECT, the AGENCY responsible for
advertisement, award, and administration (AAA) of the PROJECT construction
contract will be responsible for HM-2 management activities. Any management
activity cost associated with HM-2 is a PROJECT construction cost.
14. This AGREEMENT may only be amended or modified by mutual written agreement
of the parties.
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SECTION II – GENERAL PROVISIONS.
1. TERMINATION
A. This AGREEMENT may be terminated by PARTIES upon mutual written agreement.
In the event of a termination CALTRANS will reimburse AGENCY all allowable,
authorized, and non-cancelable obligations and prior costs incurred by AGENCY.
B. CALTRANS reserves the right to terminate this agreement before the AGENCY
awards the construction contract or begins to do project work. CALTRANS will
reimburse AGENCY reasonable, allowable, authorized and non-cancelled costs up to
the date of termination that are attributable to the PROJECT.
C. This Agreement will terminate upon completion of PROJECT that all parties have met
all scope, cost, and schedule commitments included in this agreement and have signed
a closure statement, which is a document signed by the parties that verifies the
completion of PROJECT, except for all indemnification, document retention, audit,
claims, environmental commitment, pending legal challenge, hazardous material,
operation, maintenance and ownership articles will remain in effect until terminated or
modified in writing by mutual agreement.
D. AGENCY has sixty (60) days after the effective date of AGREEMENT termination, or
such other time agreed upon in writing by PARTIES, to submit invoices to
CALTRANS to make final allowable payments for Project costs in accordance to the
terms of this AGREEMENT. Failure to submit invoices within this period may result
in a waiver by AGENCY of its right to reimbursement of expended costs.
2. BUDGET CONTINGENCY CLAUSE
All OBLIGATIONS of CALTRANS under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, the State Budget Act authority. It is
mutually agreed that if the State Legislature does not appropriate sufficient funds for the
program, this Agreement shall be amended if possible to reflect any reduction in funds,
but nothing herein obligates parties to provide additional funding or proceed if sufficient
funding is unavailable
3. ALLOWABLE COST, PAYMENTS AND INVOICING
A. The method of payment for this Agreement will be based on actual allowable costs.
CALTRANS will reimburse AGENCY for expended actual allowable direct costs and
indirect costs, including, but not limited to labor costs, employee benefits, travel
(overhead is reimbursable only if the Agency has an approved indirect costs allocation
plan) and contracted consultant services costs incurred by AGENCY in performance of
the PROJECT work, not to exceed the cost of the Contract Sum.
B. Reimbursement of AGENCY expenditures will be authorized only for those allowable
costs actually incurred by AGENCY in the performance of the PROJECT WORK.
AGENCY must not only have incurred the expenditures on or after the Effective Date
of this AGREEMENT and before the Termination Date, but must have also paid for
those costs to claim any reimbursement.
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C. Travel, per diem, and third-party contract reimbursements are an OBLIGATIONS
COST only after those hired by AGENCY to participate in OBLIGATIONS incur and
pay those costs. Payments for travel and per diem will not exceed the rates paid rank
and file state employees under current California Department of Human Resources
rules current at the effective date of this Agreement.
D. CALTRANS will reimburse AGENCY for all allowable PROJECT costs no more
frequently and no later than monthly in arrears and as promptly as CALTRANS fiscal
procedures permit upon receipt of itemized signed invoices. Invoices shall reference
this AGREEMENT Number and shall be signed and submitted to the Contract
Manager at the following address:
California Department of Transportation
Division of Environmental Analysis – Stormwater Program
Attention: Constantine N. Kontaxis, MS 27
P.O. Box 942874
CA, 94271-0001
E. Invoices shall include the following information:
1) Invoice Cover Sheet The invoice cover sheet summarizes the previous, current
and total amounts billed for the agreement. Details included on the cover sheet
are:
a. Invoice Date
b. Contract Number
c. Invoice Number
d. Billing period (performance period), specified with beginning and ending
dates. Best towards top of page.
e. Brief description of the work performed
f. Summary of total dollar amount billed to date
i. Previous month invoice balance
ii. Amount billed this month
iii. Total amount billed including current invoice amount
g. Total amount due
h. Summary of charges
i. Agency (city) Labor Costs
ii. Sub-Vendor Labor Costs (consultant)
iii. Sub-Vendor Direct Costs (materials, equipment, miscellaneous
itemized costs)
iv. Other Direct Costs
i. Discounts (if applicable)
j. Remittance information including name and address
k. Agency Contract Manager’s name, address and phone number
l. Agency Contract Manager’s signature and signature block
m. Caltrans Contract Manager’s name and address
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n. Caltrans Contract Manager’s signature block (optional)
2) Invoice and Supports
All invoice charges must match the rates on the contract cost proposal and
personnel request. (Changes in billing rates must be approved BEFORE
billing.) The Caltrans’ Contract Manager needs an invoice with sufficient
detail to verify the charges are allowable under the agreement with sufficient
support to allow them to verify charges. Supporting documentation, such as
receipts, is required for all costs included on the invoice that are not for hourly
or sub-contract labor.
Agency labor charges need to show person’s name, hours worked, billing rate
and brief description of work performed. Supporting documents (timesheet or
payroll report) need to be provided. These documents need to include:
a. Name (first and last)
b. Hours charged
c. Brief description -- identify the work is for the project funded by the
Cooperative Implementation Agreement
d. Month, day and year of the charges
e. Worker and supervisor’s signatures (Exceptions can be made for electronic
timesheets.) All overtime must be approved in advance by the Caltrans
Contract Manager
Direct costs (such as material costs, vehicle rental) are reimbursable. These
costs need to be verified, therefore, a copy of the receipt, paid purchase order
or other documentation that shows the items and cost needs to be attached to
the invoice.
Agency personnel travel costs may be reimbursed according to the Consultant
and Contractor travel guidelines located on the Caltrans’ website at:
http://www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htm. Attached is the
Travel Expense Claim (TEC) form.
Subcontractor costs are reimbursed after providing a copy of the paid invoice.
This invoice needs to show the AGENCY contract manager reviewed and
approved the payment. Caltrans requires its vendors to submit proof of costs
incurred, such as timesheet or payroll records, travel reimbursement form (that
includes the reason and dates for travel) with receipts, receipts for materials,
lab services or other items) and assumes the agency has similar requirements
that are documented.
3) Progress Reports
Each invoice needs to be accompanied by a Progress Report for the billing
period. This report includes:
a. Work performed during the billing period (can be in a bullet format)
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b. Contract progress estimate -- percentage of work completed (not dollar
based)
c. Work anticipate during the next billing cycle (can be in a bullet format)
d. Total amount spent during the billing period (agency personnel, agency
direct costs, subcontractor costs and total)
e. Total amount spent to date (agency, subcontractor, total)
f. Percentage of Caltrans Interagency Agreement (CIA) funds used to date.
[Total (agency and subcontractor)/CIA not to exceed amount)]
4. COST PRINCIPLES
A. If PARTIES fund any part of OBLIGATIONS with state or federal funds, each
PARTY will comply, and will ensure that any sub-recipient, contractor or subcontract
hired to participate in OBLIGATIONS will comply with the federal cost principles
and administrative requirements of 2 CFR, Part 200. These principles and
requirements apply to all funding types included in this Agreement.
B. Any Project costs for which AGENCY has received payment or credit that are
determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Title
48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should
AGENCY fail to reimburse moneys due CALTRANS within thirty (30) days of
discovery or demand, or within such other period as may be agreed in writing between
the parties hereto, CALTRANS is authorized to intercept and withhold future
payments due AGENCY from CALTRANS.
C. PARTIES will maintain and make available to each other all PROJECT related
documents, including financial data, during the term of this AGREEMENT. PARTIES
will retain all PROJECT-related records for three (3) years after the final payment
voucher.
5. INDEMNIFICATION
Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by
AGENCY, its contractors, sub-contractors, and/or its agents under or in connection with
any work, authority, or jurisdiction conferred upon AGENCY under this Agreement. It is
understood and agreed that AGENCY, to the extent permitted by law, will defend,
indemnify, and save harmless CALTRANS and all of its officers and employees from all
claims, suits, or actions of every name, kind, and description brought forth under, but not
limited to, tortious, contractual, inverse condemnation, or other theories and assertions of
liability occurring by reason of anything done or omitted to be done by AGENCY, its
contractors, sub-contractors, and/or its agents under this Agreement.
6. RETENTION OF RECORDS/AUDITS
A. AGENCY, its contractors, subcontractors and sub-recipients shall establish and
maintain an accounting system and records that properly accumulate and segregate
incurred PROJECT costs. The accounting system of AGENCY, its contractors, all
subcontractors, and sub-recipients shall conform to Generally Accepted Accounting
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Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices. All
books, documents, papers, accounting records and other supporting papers and
evidence of performance under this AGREEMENT of AGENCY, its contractors,
subcontractors and sub-recipients connected with PROJECT performance under this
AGREEMENT shall be maintained for a minimum of three (3) years from the date of
final payment to AGENCY and shall be held open to inspection, copying, and audit by
representatives of CALTRANS, the California State Auditor, and auditors representing
the federal government during business hours with appropriate notice. Copies thereof
will be furnished by AGENCY, its contractors, its subcontractors and sub-recipients
upon receipt of any request made by CALTRANS or its agents. In conducting an
audit of the costs and under this AGREEMENT, CALTRANS will rely to the
maximum extent possible on any prior audit of AGENCY pursuant to the provisions of
State and AGENCY law. In the absence of such an audit, any acceptable audit work
performed by AGENCY’s external and internal auditors may be relied upon and used
by CALTRANS when planning and conducting additional audits.
B. AGENCY, its sub-recipients, contractors, and subcontractors will permit access to all
records of employment, employment advertisements, employment application forms,
and other pertinent data and records by the State Fair Employment Practices and
Housing Commission, or any other AGENCY of the State of California designated by
CALTRANS, for the purpose of any investigation to ascertain compliance with this
AGREEMENT.
C. This AGREEMENT be subject to a pre-award audit prior to execution of the
AGREEMENT to ensure AGENCY has an adequate financial management system
in place to accumulate and segregate reasonable, allowable and allocable costs.
D. CALTRANS, the state auditor, Federal Government, (if the PROJECT utilizes
federal funds), will have access to all PROJECT-related records and any party hired
by AGENCY to participate in PROJECT, for audit, examination, excerpt, or
transcription.
E. The examination of any records will take place in the offices and locations where
said records are generated and/or stored and will be accomplished during reasonable
hours of operation.
F. Upon completion of the final audit, AGENCY has thirty (30) calendar days to
refund or invoice as necessary in order to satisfy the obligation of the audit.
7. DISPUTES
A. PARTIES will first attempt to resolve Agreement disputes at the PROJECT team
level. If they cannot resolve the dispute themselves, the CALTRANS Chief
Environmental Engineer and the executive officer of AGENCY will attempt to
negotiate a resolution.
B. If PARTIES do not reach a resolution, AGENCY’ legal counsel will initiate
mediation. PARTIESS agree to participate in mediation in good faith and will share
equally in its costs.
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C. Neither the dispute nor the mediation process relieves PARTIES from full and timely
performance of OBLIGATIONS in accordance with the terms of this Agreement.
However, if either PARTY stops fulfilling OBLIGATIONS, the other PARTY may
seek equitable relief to ensure that OBLIGATIONS continue.
D. Except for equitable relief, no PARTY may file a civil complaint until after mediation,
or 45 calendar days after filing the written mediation request, whichever occurs first.
E. PARTIES will file any civil complaints in the Superior Court of the county in which
the CALTRANS district office signatory to this Agreement resides or in the Superior
Court of the county in which the PROJECT is physically located. The prevailing
PARTY will be entitled to an award of all costs, fees, and expenses, including
reasonable attorney fees as a result of litigating a dispute under this Agreement or to
enforce the provisions of this article including equitable relief.
F. Additional Dispute Remedies. PARTIES maintain the ability to unanimously pursue
alternative or additional dispute remedies if a previously selected remedy does not
achieve resolution.
8. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is an agreement executed by and
between two independent governmental entities and is not intended to, and shall not be
construed to, create the relationship of agent, servant, employee, partnership, joint
venture or association, or any other relationship whatsoever other than that of an
independent party.
9. NOTIFICATION OF PARTIES
A. AGENCY Project Manager name, title and phone number
B. CALTRANS’s Contract Manager name, title and phone number
C. All notices herein provided to be given, or which may be given, by either party to
the other, shall be deemed to have been fully given when made in writing and
received by the parties at their respective addresses:
City of South San Francisco
City Manager
400 Grand Avenue
South San Francisco, CA 94080
California Department of Transportation
043/Environmental
Attention: Constantine N. Kontaxis
1120 N. St. MS 27
Sacramento, CA 95814
Mail to: P.O. Box 942874, 92427
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SECTION III - ATTACHMENTS
The following attachments are incorporated into and are made a part of this AGREEMENT by
this reference and attachment.
I. AGENCY Resolution, Certification of Approval, order, motion, ordinance or other
similar document from the local governing body authorizing execution of the
agreement
II. Scope of Work, Description, Timeline, Location and Budget
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ATTACHMENT I – CITY COUNCIL RESOLUTION
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ATTACHMENT II – SCOPE SUMMARY
South San Francisco Water Capture Project
The City of South San Francisco is a member of the San Mateo Countywide Water Pollution
Prevention Program (SMCWPPP), a program of the City/County Association of Governments of
San Mateo County (C/CAG). C/CAG is a joint powers agency whose members are the County
and the 20 incorporated cities and towns in San Mateo County. SMCWPPP supports C/CAG’s
member agencies in complying with requirements contained in the second five-year term of the
Municipal Regional Permit (MRP) issued by the San Francisco Bay Regional Water Board. Four
important components SMCWPPP is implementing to assist member agencies include green
infrastructure planning, stormwater resource planning, mercury/PCBs load reduction, and trash
load reductions.
The MRP requires San Mateo County permittees to reduce PCBs by 370 grams per year by June
30, 2020, with an interim reduction of 60 grams per year required by June 30, 2018, with a
minimum of 15 grams per year of the total be achieved via green infrastructure. San Mateo
County permittees also need to demonstrate they have reduced mercury by six grams per year via
green infrastructure by June 30, 2020. These reduction rates are required by the MRP as part of
the process to achieve compliance with the mercury and the PCBs TMDLs for San Francisco Bay.
San Mateo County permittees are also required to reduce trash discharges to the Bay from
municipal storm drain systems. This requirement began with the issuance of the first MRP in
2009, with a 40% reduction required in 2014. Under the current MRP term, 70% reduction is
required in 2017, 80% reduction in 2019, and zero impact on receiving waters from trash by 2022.
These reductions will largely be accomplished through the implementation of green
infrastructure, including stormwater capture and use and/or infiltration to groundwater.
SMCWPPP developed a countywide Storm Water Resource Plan (SWRP) that focuses primarily
on storm water capture with a multi-benefit approach to overall water resources planning,
including water quality. This plan is being followed by local Green Infrastructure Plans (GI Plans)
to meet MRP requirements. Development of the GI Plans will be a multi-year effort that includes
preparation of a reasonable assurance analysis (RAA) to demonstrate long-term GI Plan
implementation by all MRP permittees will reduce PCB loads by three kilograms per year by
2040.
The proposed water capture facility at Orange Memorial Park would include a diversion structure
to re-direct all dry-weather urban runoff and the first flush of wet-weather runoff from the Colma
Creek channel through one or more pre-treatment devices to remove trash, debris, and sediment
before conveying the water into a buried multi-chambered storage/infiltration facility with a
targeted storage capacity of at least six (6) acre-feet. Depending on the results of a geotechnical
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analysis, an engineered dry well or a series of rock-filled wick drains on the bottom of a portion
of the storage chamber may be constructed to facilitate infiltration.
The proposed project will initially involve an evaluation of how to best achieve multiple
objectives of 1) capturing a significant portion of dry weather runoff in order to reduce the
transport of Mercury, PCBs, trash and other pollutants to San Francisco Bay during dry weather
from the drainage area upstream of the project; and 2) capturing at least the first flush of wet-
weather runoff to reduce the load of pollutants transported downstream to the Bay.
The project is a proposed offline subsurface infiltration chamber on a vacant parcel owned by the
City of South San Francisco at Orange Memorial Park adjacent to Colma Creek as it passes
through the park. In addition to reducing the transport of mercury, PCBs, and trash, the project
will augment water supply by recharging the Westside Ground Water Basin and alleviate flooding
in lower reaches of Colma Creek.
The Orange Memorial Park site (see Figure 1) would capture discharges from approximately
6,300 acres of land in the City of Colma, the City of Daly City, the City of South San Francisco,
and a portion of Unincorporated San Mateo County. A water capture facility at this site could
greatly assist Caltrans and the municipalities to come into compliance with the Mercury and
PCBs TMDLs by reducing the transport of these pollutants downstream to San Francisco Bay. It
will also help Caltrans comply with Part 2 of Attachment V of the Caltrans Statewide MS4 Permit
by capturing discharges from 7.08 miles of State Highway 82 (El Camino Real), 8.43 miles of
Interstate 280, and 3.34 miles of State Highway 35 (Skyline Blvd.), and removing trash and debris
from the captured discharges. The Caltrans right-of-way acreage that discharges to the site totals
22.69 acres. A water capture facility at this site with a capacity of six acre-feet would capture wet-
weather discharges equivalent to a site of approximately 230 acres.
The project involves initial engineering and geotechnical assessments, detailed design,
environmental compliance, permitting, construction of a diversion structure and piping,
construction of a pre-treatment facility or facilities, excavation and construction of a high void
underground storage/infiltration chamber, disposal of excavated soil, and reconstruction of
disturbed portions of the site. Details of the diversion structure will be determined during the
design phase through coordination with the San Mateo County Flood Control District. In addition,
the project includes development and approval of a Memorandum of Understanding among the
benefitting municipalities for the long-term management, operation, and maintenance of the
constructed water capture facility.
The City of South San Francisco, as lead agency, will enter into a Cooperative Implementation
Agreement with Caltrans and consultants will be hired to manage the project, conduct engineering
and geotechnical investigations, and assist with environmental clearance, permitting, design, and
construction management. Annually during the term of the PROJECT, CALTRANS and
City of South San Francisco
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AGENCY will agree upon the amount CALTRANS will encumber each year for the PROJECT.
Encumbered funds are to be expended within three Fiscal Years (FY). The FY in which the funds
are encumbered is considered number one. Any funds not expended by the end of the third FY,
that amount will be deducted from RECITALS, Section 2 “not to exceed amount”. Contractors
will be selected through City of South San Francisco procurement procedures. City staff assigned
to manage the project will charge hours to the project in accordance with the Caltrans
requirements under this agreement.
City of South San Francisco
CIA No. D43CIASF0001
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Figure 1. South San Francisco Water Capture Project at Orange Memorial Park
City of South San Francisco
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Cost Estimate
A planning-level cost estimate has been prepared for the Orange Memorial Park water capture
project. During the preliminary concept phase it is difficult to produce a precise cost estimate
because the specific details pertaining to the project have not been determined; therefore, the costs
are presented as preliminary estimates. The cost estimates consider the costs associated with
planning, design, permitting, an environmental assessment, construction, construction
administration and inspections, contingency, and mobilization. Land acquisition costs may be of
importance for other projects, but are not considered in the cost estimates presented because the
site is on publically controlled land. The following generally accepted costs were used for cost
estimates presented:
Project Management – 3% of total cost
Project Approval & Environmental Documents (PA&ED) – 9% of construction cost
Plans, Specifications, & Estimate (PS&E) – 10% of construction cost
Permitting – 2.5% of construction cost
Mobilization/Demobilization – 5% of construction cost
Construction Administration and Inspection – 6% of construction cost
Contingency – 25% of construction cost
The cost estimate will be subject to adjustment as more information becomes available during the
course of the preliminary design report and additional project concept details are developed.
Preliminary Budget
These preliminary costs will be adjusted after the Project Approval & Environmental Documents
and additional project concept details are developed.
Project Management $176,400
Project Approval & Environmental Documents $529,200
Plans, Specifications, & Estimate $588,000
Permitting $147,000
Construction Administration $352,800
Construction $5,880,000
Contingency $1,462,000
$9,135,400
The construction costs are based on the following cost estimates for the major construction
components:
Mobilization/Demobilization $280,000
Diversion and Pre-Treatment $350,000
Pump Station and Conveyance $850,000
City of South San Francisco
CIA No. D43CIASF0001
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Active Controls $ 50,000
Storage/Infiltration Chamber $3,500,000
Electrical Service, Controls, Instrumentation $ 250,000
Surface Restoration $ 50,000
Water Treatment System and Building $ 550,000
$5,880,000
Preliminary Timeline
These dates are subject to refinement as the project gets underway. The complete construction
dates will be dependent on receipt of the balance of the project funding from Caltrans.
Release of Preliminary Design RFQ/RFP 07/14/17
Award of Engineering Consultant Agreement 09/21/17
Prepare Preliminary Engineering Design Report (10%) 09/28/17 – 12/01/17
Commence CEQA Process 11/06/17
Council Approval for Preparation of the Construction Drawings 12/21/17
Construction Drawings – 30% Milestone 02/10/18
Construction Drawings – 60% Milestone 04/13/18
Complete CEQA Process 05/18/18
Construction Drawings – 90% Milestone 06/15/18
Construction Drawings – 100% Complete 07/13/18
Advertise for Bids 07/20/18
Award Construction Contract 09/20/18
Commence Construction (20 months) 10/22/18
*Deadline to Bill Caltrans for FY16-17 Funding Allocation 04/30/19
*Deadline to Bill Caltrans for FY17-18 funding allocation 04/30/20
Complete Construction 06/22/20
City of South San Francisco
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*Deadline to Bill Caltrans for FY18-19 funding allocation 04/30/21
*City may request adjustments to the schedule line items except for the deadlines to expend
Caltrans funding allocations.
City of South San Francisco
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SECTION IV- SIGNATURES
Signatories may execute this AGREEMENT through individual signature pages provided that
each signature is an original. This AGREEMENT 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 and have delegated to the undersigned the authority
to execute this AGREEMENT on behalf of the respective agencies and covenant to have followed
all the necessary legal requirements to validly execute this AGREEMENT.
STATE OF CALIFORNIA AGENCY DEPARTMENT TRANSPORTATION
Signature: Signature:
Print Name: Print Name:Mike Futrell
Title: Title: City Manager
Date: Date:
Signature
Print Name
Title
Date