PREPARED BY: JIMMY ZHOU DATE OF MEETING: 05/06/2024
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SIXTH AMENDMENT TO THE AGREEMENT WITH GEOSYNTEC CONSULTANTS FOR THE SUTTER AVENUE URBAN GREENING PHASE 1 PROJECT TO ADD SCOPE OF ENGINEERING, PROJECT ASSESSMENT AND EVALUATION, EDUCATION AND OUTREACH SERVICES IN THE AMOUNT OF $129,577 FOR A TOTAL COMPENSATION UNDER THE AGREEMENT AS AMENDED NOT TO EXCEED $624,860 AND AUTHORIZING TO INCREASE CITY MANAGER’S TOTAL AUTHORIZATION BY AN ADDITIONAL $33,755 AS CONTINGENCY FOR A TOTAL CONTRACT AUTHORIZATION NOT TO EXCEED $658,615
CEQA: The Sutter Green Project is exempt from environmental review under the California Environmental Quality Act (CEQA) as a funding action, as it is not a project under CEQA nor an activity that may cause a direct or reasonably foreseeable indirect physical environment change pursuant to Public Resources Code Section 21080(a) and 14 California Code of Regulations Section 15002(d). Further, to the extent that funds are eventually used for a capital project, this project was assessed and determined to be Categorically Exempt under Section 15304(b)&(f), 15301(b)&(c), and 15302(c) of the CEQA Regulations. The CEQA Notice of Exemption (NOE) was originally filed with the Contra Costa County Clerk’s Office on January 31, 2022 and a revised NOE was filed on March 13, 2024.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Workplan Compliance statement
Major Policy Goal: Build a Healthy Community - 109 Develop Public Facilities for Active Living is an adopted policy item contained in the FY 2023-25 Adopted City Council Priority Workplan, updated May 1, 2023.
BACKGROUND
The Sutter Urban Greening Project (Project) aims to reduce localized urban flooding, improve water quality of storm runoff to the bay, and increase infiltration to the groundwater. The Project is located on Sutter Avenue between Rumrill Boulevard and 17th Street and on 14th Street between Sutter Avenue and Bush Avenue. Other goals of the Project include urban greening and to sequester carbon through tree planting, traffic calming and improved pedestrian accessibility.
On January 18, 2022, Geosyntec Consultants was awarded a contract for engineering and design services for the Project in the amount of $350,257. Resolution 2022-005, which authorized that contract, included a 10% contingency in the amount of $35,026, for a total authorization of $385,283.
Since then, Resolution 2022-138 and Resolution 2023-102 further authorized funds for additional work for a total compensation not to exceed $479,858. Amendment No. 5 was later executed by the City Manager using the remaining contingency funds for the Project. A total of five amendments have been executed previously for various additional work during design phase for a total contract amount of $495,283.
Geosyntec Consultants has completed the scope of work set forth in the original agreement and subsequent five amendments, overcoming multiple design challenges including a major design change due to high ground water and hydrology conditions in the field, multiple utility conflicts and designing an ADA-compliant bioretention system. Geosyntec Consultants delivered a complete set of construction plans and specifications. The Project was advertised for bid on February 29 and the bid opening was on March 21.
As the construction phase of the Project begins, staff anticipates needing additional engineering support to implement the Project due to its complexity. The additional work includes reviewing contractor’s Requests for Information (RFIs), performing “as-needed” field investigations to identify potential construction issues and providing engineering support, coordinating with utility agencies, and preparing as-built plans.
In October 2022, the City entered into an agreement with California State Water Resources Control Board (SWRCB) to receive funding in the amount of $1,560,000 from the Proposition 1 (Prop 1) Storm Water Grant Program. The Agreement requires the City to evaluate the performance of the Project according to the approved Project Assessment and Evaluation Plan (PAEP), and to conduct outreach and education to residents. The Prop 1 Storm Water Grant also allotted a portion of the funds for this work.
In April 2022, the City entered into an agreement with State of California Natural Resources Agency (CNRA) to receive funding in the amount of $1,760,000 from the Proposition 68 (Prop 68) Urban Flood Protection Grant Program. One of the agreement requirements is to provide an outreach and public education component in the Project.
The original Request for Proposal (RFP) for Geosyntec Consultants outlined the scope of monitoring, outreach, and education, but a portion of those were reduced during contract negotiation, as staff was implementing cost saving strategies at the time. As the Project shifts from design phase to construction phase, implementing elements of monitoring, outreach, and education becomes necessary to meet the grant requirements.
Geosyntec Consultants is knowledgeable regarding the performance and method of evaluating green stormwater infrastructure from their prior project experience as well as their experience collaborating with Contra Costa County Clean Water Program. Geosyntec Consultants also has a subcontractor the Watersheds Group whose expertise is outreach and public education. Staff recommends awarding Geosyntec Consultants a contract amendment for their continued service as the Project shifts from design phase to construction phase.
Lastly, Geosyntec Consultants’ contract and amendments are funded with the following grant allocations: SWRCB Prop 1 Stormwater Grant Program ($542,831), EPA grant ($50,000) and CNRA Prop 68 grant ($45,100). The minimum amount of General Fund needed is $20,684 as match requirement and to pay for non-reimbursable fees. The total funding allocation is $658,615.
The proposed sixth amendment will increase compensation by up to $129,577, for a total compensation not to exceed $624,860 under the Agreement as amended. Staff recommends using the remaining $33,755 as contingency to maximize the usage of the grant funding. The funding for construction has been budgeted. In the event that construction may require additional funding, the remaining $33,755 contingency may also be transferred to construction.
FISCAL IMPACT
The proposed sixth amendment will increase compensation by up to $129,577, for a total compensation not to exceed $624,860 under the Agreement, as amended. The total authorization to the City Manager for this Agreement will be increased by $163,332 for a total authorization not to exceed $658,615, including $33,755 as contingency.
Summary of City Council’s Authorization:
|
|
|
|
|
|
|
Reso No. |
Amount |
Date |
|
Original Contract Award |
Reso 2022-005 |
$350,257 |
1/18/2022 |
|
Original Contract Contingency |
Reso 2022-005 |
$35,026 |
1/18/2022 |
|
Additional spending authorization and contingency for Amendment #2 |
Reso 2022-138 |
$50,000 |
9/19/2022 |
|
Additional spending authorization and contingency for Amendment #4 |
Reso 2023-102 |
$60,000 |
6/20/2023 |
|
Proposed additional spending authorization and contingency for Amendment #6 |
|
$163,332 |
Proposed 5/6/2024 |
|
Total Spending Authorization Including Contingency |
|
$658,615 |
|
Summary for Contract and Proposed Amendment:
|
Contract and Amendment No. |
Amount |
Date |
|
Base Contract |
$350,257 |
1/18/2022 |
|
Amendment #1 |
$10,584 |
3/21/2022 |
|
Amendment #2 |
$29,971 |
9/19/2022 |
|
Amendment #3 |
$21,078 |
12/1/2022 |
|
Amendment #4 |
$67,968 |
6/20/2023 |
|
Amendment #5 |
$15,425 |
11/3/2023 |
|
Proposed Amendment #6 |
$129,577 |
5/6/2024 |
|
Total Contract Amount |
$624,860 |
5/6/2024 |
|
Remaining contingency |
$33,755 |
|
Geosyntec Consultants’ contract and amendments are funded by SWRCB Prop 1 Stormwater Grant Program, CNRA Prop 68 Urban Flood Reduction Grant, Environmental Protection Agency (EPA) San Francisco Bay Area Water Quality Improvement Fund (SFBWQIF) grant and local funds.
To maximize the usage of grant funding, staff recommends the following grant allocation: SWRCB Prop 1 Stormwater Grant Program ($542,831), EPA grant ($50,000) and CNRA Prop 68 grant ($45,100).
Staff also recommends retaining the minimum amount of City’s local funds ($20,684) to meet matching requirement and to pay for non-reimbursable fees.
Finally, staff recommends re-allocating the remaining available City local funds, which are appropriated to the Project via prior resolutions, towards the construction phase.
The table below shows the proposed actions to re-allocate funds:
|
ACTION |
FROM: Account Code |
TO: Account Code |
AMOUNT |
|
Re-allocate |
320-0300-43604-SWB-222 |
320-0300-43602-SWB-222 |
$207,548 |
|
Re-allocate |
320-0300-43602-GFD-419 |
320-3000-43604-GEN-424 |
$65,425 |
|
Re-allocate |
320-0300-43602-GEN-423 |
320-3000-43604-GEN-424 |
$23,891 |
|
Re-allocate |
320-0300-43602-CNR-222 |
320-0300-43604-CNR-222 |
$4,000 |
In summary, the table below shows the funding source for Geosyntec Consultants’ contract for Planning, Design, Engineering, Environmental, Monitoring & Performance, and Education & Outreach Services.
|
Funding Source |
Fund/Account Code |
Amount |
|
Local Funds |
320-0300-43602-GEN-423 |
$20,684 |
|
SWRCB Prop 1 Grant |
320-0300-43602-SWB-222 |
$542,831 |
|
EPA Grant |
320-0300-43602-EPA-120 |
$50,000 |
|
CNRA Prop 68 Grant |
320-0300-43602-CNR-222 |
$45,100 |
|
TOTAL |
$658,615 |
ATTACHMENTS:
Att A - Resolution
Att B - AMN No. 6
Att C - Geosyntec Consultant proposal