REPORT TO COUNCIL
SUBJECT
Title
Amend Four Existing Consulting Services Agreements for On-Call Engineering Support Services for the Water Pollution Control Plant (F25-340)
Report
REPORT IN BRIEF
Approval is requested to amend four (4) existing consultant service agreements for on-call engineering support services by extending the term for one (1) year and increasing compensation by $250,000 per agreement with the following firms:
- Hazen and Sawyer of New York, New York extending the term through June 2, 2026, and to update the compensation for a new not to exceed total of $450,000.
- Hydro Science Engineers, Inc. of Sacramento, California extending the term through June 6, 2026, and to update the compensation for a new not to exceed total of $450,000.
- Black & Veatch Corporation of Overland Park, Kansas extending the term through June 22, 2026, and to update the compensation for a new not to exceed total of $500,000 and
- HDR Engineering, Inc. of Omaha, Nebraska extending the term through July 12, 2026, and to update the compensation for a new not to exceed total of $500,000.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, City Council approval is required for the procurement of goods and/or services exceeding $250,000 in any one transaction.
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 administration activity that will not result in direct or indirect physical changes in the environment. CEQA clearance for tasks and projects under the on-call services agreements will be considered at the time of engagement. It is anticipated that most, if not all, projects will be exempt under CEQA pursuant to CEQA Guidelines Section 15301(b).
BACKGROUND AND DISCUSSION
The Water Pollution Plant operations regularly uses on-call agreements with engineering consulting firms as an opportunity to provide a streamlined process for selecting consultants. These consultants support the implementation of studies and in-house process improvement projects. A request for qualification process was utilized to solicit statement of qualifications submittals from qualified consultants for engineering services in 2022. The City entered into agreements with each of the following consultants: Hydro Science Engineers, Inc., Hazen and Sawyer, Black & Veatch Corporation, and HDR Engineering, Inc. Each agreement was for a three-year term with two one-year options to extend, with a maximum compensation of $200,000 awarded to Hazen and Sawyer and Hydro Science Engineers and a maximum compensation of $250,000 awarded to Black & Veatch and HDR Engineering Inc. During the initial term, all four firms have successfully completed task orders assigned to them.
Staff recommends amending the agreements to extend the term for one year, adding additional funds in the amount of $250,000 per agreement, and updating their hourly rate tables accordingly. If these extensions are approved, there is one additional one-year extension available under the revised agreements.
FISCAL IMPACT
Budgeted funding for Wastewater related consultant services is available in Fund 6080 - Wastewater Management under various operating programs and project budgets.
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 the first amendment to the agreement with Hazen and Sawyer in substantially the same form as Attachment 1 to the report to extend the term of the Agreement until June 2, 2026 and increase the contract amount by $250,000 for a new not to exceed total of $450,000;
- Approve the first amendment to the agreement with Hydro Science Engineers, Inc. in substantially the same form as Attachment 2 to the report to extend the term of the Agreement until June 6, 2026 and increase the contract amount by $250,000 for a new not to exceed total of $450,000;
- Approve the first amendment to the agreement with Black & Veatch Corporation in substantially the same form as Attachment 3 to the report to extend the term of the Agreement until June 22, 2026 and increase the contract amount by $250,000 for a new not to exceed total of $500,000;
- Approve the first amendment to the agreement with HDR Engineering, Inc. in substantially the same form as Attachment 4 to the report to extend the term of the Agreement until July 12, 2026 and increase the contract amount by $250,000 for a new not to exceed total of $500,000;
- Authorize the City Manager to execute the amendments when all necessary conditions have been met; and
- Authorize the City Manager to execute a future amendment of the agreements for up to one (1) additional year, and to increase compensation subject to budget availability, need and negotiated pricing.
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 the Consulting Services Agreement with Hazen and Sawyer
2. Draft First Amendment to the Consulting Services Agreement with Hydro Science Engineers, Inc.
3. Draft First Amendment to the Consulting Services Agreement with Black & Veatch Corporation
4. Draft First Amendment to the Consulting Services Agreement with HDR Engineering, Inc.