REPORT TO COUNCIL
SUBJECT
Title
Amend an Existing Purchase Agreement with WSP USA Inc. for Specialized Environmental Consulting Services Supporting the SMaRT Station and Sunnyvale Landfill to Increase the Not-to-Exceed Amount by $160,000, for a new Not-to-Exceed Amount of $385,000 and Extend the Agreement Through October 17, 2028, (F27-082)
Report
REPORT IN BRIEF
Approval is requested to amend an existing three-year purchase agreement with WSP USA Inc. of New York, New York, for specialized environmental consulting services supporting the SMaRT Station and Sunnyvale Landfill, to increase the not-to-exceed amount by $160,000, from $225,000 to $385,000 in substantially the same form as attachment 1 to the report, and to exercise two one-year extension options, extending the agreement through October 17, 2028.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, contracts for this type of service are awarded pursuant to a Request for Proposals (RFP) best value process, unless otherwise exempt from the competitive bidding process. City Council approval is required for the procurement of goods and/or services exceeding $250,000 in any one transaction.
This action supports the Council Strategic Goal of a Sustainable City by supporting the operation, regulatory compliance, and environmental stewardship of the SMaRT Station and Sunnyvale Landfill.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organization or administrative activity that will not result in direct or indirect changes in the environment.
BACKGROUND AND DISCUSSION
On October 17, 2023, the City entered into a three-year purchase agreement with WSP USA Inc. in an amount not to exceed $225,000 to provide specialized environmental consulting services for the SMaRT Station and Sunnyvale Landfill. WSP USA Inc. prepares the Sunnyvale Landfill Annual Monitoring Report for the San Francisco Regional Water Quality Control Board (Board), including sampling and analysis of groundwater, surface water, and leachate in accordance with Board Order No. R2-2004-0030. WSP USA Inc. also prepares the Annual Technical Report for planned repair and maintenance activities of the Landfill prior to the wet season. The initial term expires on October 17, 2026, and the agreement provides for two additional one-year extension options. The agreement was awarded following a competitive best-value process under Request for Proposals No. F23-112.
To maintain continuity of the above-mentioned tasks beyond the current agreement expiration date of October 17, 2026, staff recommends exercising both one-year extension options and extending the agreement through October 17, 2028. These extensions are needed to meet the ongoing and annual regulatory requirements of the Board. The proposed First Amendment would also increase the not-to-exceed amount by $160,000, to $385,000 through October 17, 2028.
FISCAL IMPACT
Budgeted funding for specialized environmental consulting services supporting the SMaRT Station and Sunnyvale Landfill is available in Fund 6101 - Solid Waste Management Fund under Program 14400 - Solid Waste Management
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Approve a First Amendment to the existing purchase agreement with WSP USA Inc. to increase the not-to-exceed amount by $160,000, from $225,000 to $385,000, and exercise two one-year extension options, extending the agreement through October 17, 2028;
- Authorize the City Manager to execute the First Amendment when all necessary conditions have been met; and
- Authorize the City Manager to increase compensation subject to budget availability, provided pricing and service remain acceptable to the City.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Ramana Chinnakotla, Director of Environmental Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft First Amendment to On-Call Consulting Services Agreement
2. On-Call Consulting Services Agreement